WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/201/Add.1 
24 July 2008 
 ( 08-3548 ) 
Trade Policy Review Body 
25 and 27 June 2008  Original:  English/Spanish 
                anglais/espagnol                 inglés/español 
  
TRADE POLICY REVIEW 
OMAN 
Minutes of Meeting
 
Addendum  
Chairperson:  H.E. Mr. Yonov Frederick Agah (Nigeria)  
 
 This document contains the advance writte n questions, and replies provided by Oman.1 
__________________________________________________________________________________ 
 
Organe d'examen des politiques commerciales 
25 et 27 juin 2008  
EXAMEN DES POLITIQUES COMMERCIALES 
OMAN 
Compte rendu de la réunion
 
Addendum  
Président:  S.E. M. Yonov Frederick Agah (Nigeria) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par Oman.1 
__________________________________________________________________________________ 
 
Órgano de Examen de las Políticas Comerciales 
25 y 27 de junio de 2008  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
OMÁN 
Acta de la reunión
 
Addendum  
Presidente:  Excmo. Sr. Yonov Frederick Agah (Nigeria) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Omán.1 
 
                                                      
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y español solamente.  WT/TPR/M/201/Add.1 
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ADVANCE WRITTEN QUESTIONS TO OMAN 
UNITED STATES  
WT/TPR/S/201 III. TRADE POLICIES AND PRACTICES BY MEASURE (2)  M
EASURES DIRECTLY AFFECTING IMPORTS  
(ii)  Customs procedures and valuation Page 23, Paragraph 11
:  When does Oman plan to notify th e WTO Customs Valuation Committee of 
its national legislation?  Also, since the Cust oms Valuation Agreement specifically prohibits 
minimum prices, what is the basis upon which Oman maintains minimum import prices on certain products?  What products other than tob acco are subject to minimum import prices? 
(v)  Import prohibitions, restrictions, and licensing 
Page 28, paragraph 26
:  Please provide an update on the status of GCC efforts to develop a uniform 
list. 
Page 29, paragraph 28 :  What are the security reasons for Oman's required certificates for the 
importation of fishing boats and radio equipment?  What are the application procedures for applying 
for these certificates and on what basis are they issued? 
Page 30, paragraph 29 :  Why must pharmaceutical products be  imported directly from manufacturers 
with research departments?  Furthermore, why must pharmaceutical products be licensed in the 
country of manufacture and in at least two GCC co untries other than Oman, one of which must be 
Saudi Arabia?  
(vii)   Standards and other technical requirements 
(a)  Standards, metrology, testing, and certification Page 31, paragraphs 32 and 33
:  Oman's efforts to harmonize its technical regulations and standards at 
the GCC level often appear to differ significantly.  Wh at steps is Oman taking to ensure transparency 
of its harmonization undertakings?  Does Oman plan to advise other WTO members that it has 
adopted final GCC standards as its own standards?  If the GCC standards are final, what opportunity 
will interested parties have to comment and ho w will those comments be taken into account? Are 
Oman's codified requirements publicly  available? Is Oman planning to  adopt food standards like those 
that Bahrain and Qatar have adopted? 
Page 31, paragraph 34 :  Where does Oman publish its conformity assessment requirements, especially 
as they apply to all non-food products?   
(c)  Marketing, Labelling and Packaging Requirements  
Page 33, paragraph 47-48 :  As part of its WTO accession, Oman committed to remove mandatory 
shelf-life restrictions.  What progress has Oman made to remove these provisions and to bring its standards closer to the Codex guidelines on shelf-life?  What is the status of GCC efforts to amend the 
"Expiration Periods of Food Products?"  What means are available to  WTO members to follow 
progress on this matter ? WT/TPR/M/201/Add.1 
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(3)  Measures Directly Effecting Exports 
(iv)  Export subsidies, finance, insurance, and assistance 
Page 36, Paragraphs 63-64
:  How does the government of Oman ensure that duty refunds are not 
excessive in accordance w ith the WTO Agreement on Subsidies and Countervailing Measures (SCM 
Agreement)? 
Page 36, Paragraphs 65-66 :  What role do exports play in the loans described? 
(v)  Free zones  
Page 37, Paragraph 67 : What requirements must companies fulfil in order to locate in Oman's two 
free zones?  What role do exports play in the income tax incentives  
(4)  M EASURES AFFECTING PRODUCTION AND TRADE  
(i)  Incentives Page 38, Paragraph 70
:  What are the eligibility requirements for companies to re ceive the incentives 
described in this paragraph?  Also, upon what criteria does the Oman Development Bank decide 
which projects are eligible for its loans? 
IV.    TRADE POLICIES BY SECTOR 
(5)  S ERVICES  
(iii)  Telecommunications and postal services 
Page 66, Paragraph 86 :  One of the Telecommunications Regulatory Agency's (TRA) main objectives 
is to "prepare suitable conditions for competiti on among licensees, to ensure the provision of world 
standard telecom services at reasonable costs and prices, and to take necessary actions to enable 
service providers to compete abroad."  Please d escribe what "suitable conditions" have been 
established to ensure competition in the market  consistent with Oman's 2000 GATS Schedule of 
Commitments.  What criteria does the TRA use to  ascertain the financia l capability of licensees? 
Page 67, Paragraph 87 :  What technical and financial criteria are requested and reviewed in order to 
receive a telecommunications license in Oman?  What  is meant by a "preference" given to certain 
applicants for a telecommunications license?  How is  the provision of preferential treatment consistent 
with a commitment not to limit the number of participants in the market?   
Page 67, Paragraph 88 :  For each of the three types of telecommunications license categories (Class 1, 
Class 2 and Class 3), please indicate: a) the applicable licensing criteria, including licensing fees;  b) the period of time normally required to reach a decision concerning an application for a license;  
and, c) the terms and conditions of the licenses, as  required in Oman's Refe rence Paper commitments.  
Please also indicate where this information is made pub licly available.  Why is the duration of a Class 
1 license determined on a "case-by-case" basis?  How is  this practice consistent with the principle of 
non-discrimination?  Please indicate the number of  applications for tele communications service 
Oman's telecommunications regulatory authority ha s received, and how many, and what type, of 
licenses have been granted. 
Paragraph 89, page 67
:  The Secretariat states that the Om ani government "intends to open 
competition in the fixed-line segment and end Om antel's monopoly."  Yet based on Oman's GATS 
Schedule of Commitments, Omantel's monopoly was to  end no later than January 1, 2004 for cross- WT/TPR/M/201/Add.1 
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border services and on a commercial presence basis with no foreign equity restrictions as of January 1, 2005.  Why is Omantel's monopoly still in  place and no new licenses have yet been issued? 
This document references certain licensing fees char ged to Omantel for fixed and mobile services.  
What licensing fees will be charged to new licensees, and upon what basis will the fee levels be set?  
Page 68, Paragraph 91
:  The Secretariat notes that Omantel curr ently is the only provider of ADSL 
connections in Oman.  How will the TRA ensure a competitive offering of ADSL services?  What 
license category would ADSL services fall under, particularly for a non-facilities-based provider 
(using Omantel lines)?  What steps has TRA taken or  will it take to permit licensees in Oman to use 
VoIP technology?  What type of license would be needed to provide voice services using VoIP? 
BRAZIL  
WT/TPR/G/201 paragraphs 17 and 18, pages 6 and 7  
Please detail further how the goal of economic divers ification is intended to  be achieved as regards 
the industrial area, especifically in sectors unrelated to resources such as oil or LNG. 
WT/TPR/G/201 paragraph 69, page 14  
Please clarify whether the Trade Remedy Law applicab le to Oman as a GCC Member State allows for 
the imposition of trade remedies on behalf of other G CC Member States, or even simultaneously in all 
GCC Member States, rather than on a national basis only. 
AUSTRALIA  
QUESTIONS FROM AUSTRALIA ARISING FROM THE WTO SECRETARIAT REPORT ON 
OMAN  
I. ECONOMIC ENVIRONMENT 
(3) TRADE PERFORMANCE AND INVESTMENT (ii) Foreign direct investment 
1. Australia notes that foreign land ownership in  Oman is generally pr ohibited, but understands 
that foreign service providers are permitted to lease land for fifty years. 
• Are foreign companies or individuals allowed to purchase or lease land to establish a commercial 
presence for activities other than services? 
II. TRADE AND INVESTMENT REGIMES 
(5) INVESTMENT FRAMEWORKS 
2. Australia notes Oman's foreign investment provisions.  Are GCC nationals and companies 
allowed to own 100 per cent of a publicly owned joint stock company (SAOG) and a closed joint 
stock company (SAOC)? 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) INTRODUCTION 
3. Australia notes that documentation for all imported goods must be authenticated by the 
Consulate of Oman or representative, or any Arab Embassy in the country of origin. WT/TPR/M/201/Add.1 
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• Does Oman have any plans to change this requirement? 
• Are there plans for GCC members to harmonise documentation authentication requirements? 
(2) MEASURES DIRECTLY AFFECTING IMPORTS (i) Registration and documentation 
4. Australia notes that a GCC embassy must auth enticate commercial invoices and certificates of 
origin, and that the Codex Committee on Food an d Import and Export Inspection and Certification 
Systems has agreed that legalisation is unnecessary.   Such a condition does no t provide additional 
security to Australian Government certificates.  
• Why does Oman require authentication of Government certificates?  
(vii) Standards and other technical requirements 
5. Australia welcomes Oman harmonizing its st andards with GCC standards (Paragraph 32, 
page 31) wherever possible. 
• Does Oman plan to harmonize its standards fully with GCC standards? 
• When providing notifications of Omani standard s, could Oman advise how its standards differ 
from GCC standards?  
6. Australia notes that Oman has indicated it is  applying GCC laws on Veterinary Quarantine.  
Australia is aware that Oman is also introducing a veterinary act (the proposed Oman Veterinary Act 
– ref G/SPS/N/OMN/25). 
• Are the two sets of legislation consistent?  
• How will the GCC laws and the proposed Oman Veterinary Act differ?  
• How will inconsistencies between the two sets of legislation be addressed?  
7. Australia notes that the proposed Oman Vete rinary Act would differ from the GCC law by 
prohibiting Hormonal Growth Promotants (HGPs) in meat (which the GCC law does not). 
• Why is Oman proposing to continue this pr ohibition which differs from GCC standards? 
• How is this prohibition consistent with Article s 3.3 and 5.1 of the SPS Agreement (WTO Dispute 
DS26)? 
8. Australia notes that the proposed Oman Vete rinary Act re-introduces a requirement for 33% 
of shelf life to be remaining for frozen meat and 50% for chilled meat, whereas the GCC has updated 
shelf life standards in GSO 150/2007, and in doing so made the requirements less restrictive. 
• Why has Oman diverged from GCC standards and rest ricted entry time of meat imports to a fixed 
proportion of their shelf lives?  
• How does this issue constitute a 'pressing need' to develop a national standard (paragraph 32, 
page 31)?  
• How does this requirement benefit c onsumers, exporters or importers?   WT/TPR/M/201/Add.1 
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9. Does the reference to 'Avian Flu' refer to  Highly Pathogenic Avian Influenza (H5N1) only 
(Paragraph 44, page 33)? 
(3) MEASURES DIRECTLY AFFECTING EXPORTS 
(iv) Intellectual Property Rights 
10. Does Oman's trademark law (Sultani Decree No.38 of 21 May 2000, WT/TPR/S/201, page 
42, paragraph 88) allow for the registration of new kinds of signs, including shape, colour, sound or 
scent, and are there any requirements th at marks be visually perceptible?  
11. Australia notes that new laws on intellect ual property rights are being enacted as a 
prerequisite for the entry into force of Oman's b ilateral trade agreement with the United States (page 
40, paragraph 80).  
• What copyright changes, includi ng for the term of protection, are proposed under these new IP 
laws? 
12. Australia notes that significant progress has been  made in the last few years with respect to 
intellectual property rights enforcement (W T/TPR/S/201, page 43, paragraph 94).   
• Could Oman provide statistics on the number and ty pe of IP prosecutions that have been carried 
out since 2005?   
• Have there been any legal actions taken against users of unauthorised transmission of broadcast 
signals?   
• Could Oman provide statistics on the number of  Customs seizures of counterfeit and pirated 
goods in the same period?   
13. Australia notes that Oman is a signatory to the GCC Patent Law.   
• What differences, if any, are there between the GCC patent law and Oman's patent law?   
IV. TRADE POLICIES BY SECTOR  
(2) AGRICULTURE, FISHERIES, AND RELATED ACTIVITIES (ii) Agricultural Policy 
14. Australia notes that imports of food products of animal origin must be accompanied by a 
health certificate declaring them to be free of ra diation.  Australia believes that no food product is 
"free of radiation" as all food products contain a level of natural radiation.  
• Is there scope to modify the requirement that "the  goods described in this certificate have not been 
contaminated by radioactive elements from nuclear fallout. Analysis of representative samples of 
similar products has shown that the radi oactivity level does not exceed 50 Bq/kg"?  
(5) SERVICES 
(ii) Financial Services 
15. Australia understands that foreign banks can automatically acquire 10 per cent of an Omani 
bank but ownership of up to 34.9 per cent requir es authorisation by the Central Bank of Oman, and 
any purchase of over 35 per cent requires Capital Markets Authority approval.  WT/TPR/M/201/Add.1 
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• Is this understanding correct? 
• How many foreign banks have received approval to  acquire more than 35 per cent of an Omani 
bank? 
• What are the reasons for this policy? 
• Are there any plans to eliminate or re lax this limit in the foreseeable future? 
16. Australia notes that there is a quantitative limit on the number of foreign bank branches 
allowed in Muscat.   
• What limits apply?  
• How many foreign bank branches are allowed to operate in Muscat?  
• How many foreign bank branches are currently operating in Muscat?   
• What are the reasons for maintaining this policy? 
• Are there any plans to eliminate or re lax this limit in the foreseeable future? 
17.  Are representative officers allowed to operate in Oman? 
18. Australia notes that Oman allows foreign owne rship of up to 100 per cent in most insurance 
sectors, except for brokerage companies, which are restricted to a 70 per cent limit.   
• Why is foreign ownership of brokerage companies restricted to 70 per cent? 
• Are there any plans to eliminate or re lax this limit in the foreseeable future? 
19. Australia notes that motor insurance is co mpulsory and may only be provided by local 
companies. 
• Does this include foreign service providers who have a commercial presence in Oman? 
(iii) Telecommunications and postal services 
20. Australia notes that the Telecommunications Regulatory Authority (TRA) regulates the rates 
for interconnection and access services, and that the TRA reports to the Minister for Finance, who is a 
majority owner of Omantel and is on the Board of Omantel. 
• Does Oman have plans to change this? 
QUESTIONS FROM AUSTRALIA ARISING FROM OMAN'S REPORT TO THE WTO 
SECRETARIAT  
II. ECONOMIC DEVELOPMENT 
(5) MONETARY AND EXCHANGE RATE POLICIES 
21. Australia notes that Oman's stated po licy is to maintain the fixed peg.    WT/TPR/M/201/Add.1 
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• Would Oman consider, at some stage in the near  future, a one-off revaluation of the Omani Riyal 
and/or remove the peg if the US  dollar continues to decline? 
22. Australia notes that Oman intends to remain out of the proposed GCC Monetary Union. 
• Does Oman have plans to join the GCC Monetary Union after 2010 when the union is 
implemented? 
III. TRADE POLICY DEVELOPMENTS 
(3) OTHER MEASURES AFFECTING IMPORTS 
23. Australia notes that Oman does not apply Value Added Taxes (VAT).   
• Following the UAE's recent decision to introdu ce a VAT, does Oman plan to introduce a VAT in 
the future? 
IV. SECTORAL DEVELOPMENTS 
(5) SERVICES – BANKING AND FINANCIAL, TELECOM, AND TOURISM 
24. Australia notes that Oman's telecommunicati ons sector has been opened up to foreign service 
suppliers. 
• What aspects of the telecoms sectors have been opened to competition? 
• Are new entrants permitted to have their own international gateways or permitted resale? 
• Will fixed licenses be granted to new entrants on the basis of undertakings to provide networks? 
REPUBLIC OF KOREA  
TRADE AND INVESTMENT REGIME Investment Framework
 
1.   The Secretariat Report (paragraph 27, page  18) notes that all foreign investments require 
approval under the Foreign Capital Investment Law a nd that foreign ownership is allowed up to 70% 
as per Oman's WTO commitments and implementing regulations.  Please elaborate the Omani government's plans, if any, to ease the restriction regarding the maximum allowed foreign ownership. 
2.   The Secretariat Report (paragraph 27, page 18)  also notes that land ownership for foreigners 
is generally prohibited in Oman, except in designa ted tourist areas.  Please elaborate the Omani 
government's plans, if any, to ease the restric tion regarding land owne rship for foreigners. 
TRADE POLICIES AND PRACTICES BY MEASURE 
Measures Directly Affecting Imports - Government Procurement
 
3.  The Secretariat Report (paragraph 54, page 34) notes that the Omani government gives price 
preferences of 10% to products of Omani origin, and of 5% to those originating from other GCC 
states. It is our understanding that the overa ll procedures of government procurement are well 
supervised and conducted in a fair and transpar ent manner. However, the Omani government still 
seems to give priority to the bid price rather than the quality of the bidder, such as technology WT/TPR/M/201/Add.1 
Page 10  
 
capability and past performance, especially in the fi elds of construction and engineering. Korea would 
like to know the Omani government's opinion on this matter. 
ECONOMIC DEVELOPMENT 
Human Resource Development
 
4.  The Government Report (paragraph 44-46, pa ge 9) explains the Omanization policy. Korea 
fully understands the intent of the Omani governme nt in implementing this policy. However, it is 
often the case that many foreign companies face serious difficulties in finding properly skilled Omani 
labour. Considering that the Omanization policy is aimed at enhancing the education and training of 
the national workforce, there may be room for flex ible application of the Omanization policy when 
foreign companies provide skill training to Omani wo rkers rather than simply hiring the workers for 
unskilled jobs.  Please elaborate th e Omani government's plans, if an y, for flexibility in implementing 
the Omanization policy.  
ARGENTINA  
WT/TPR/S/201, INFORME DE LA SECRETARIA II. RÉGIMEN COMERCIAL Y DE INVERSIONES 
2) Formulación y aplicación de la política comercial 
Párrafo 12, página 15 Este párrafo hace mención a que en Omán las in versiones están reguladas por la Ley de inversiones 
de capital extranjero, adoptada en virtud del Decreto Sultaní Nº 102/94;  y por la Ley de organización y fomento de la industria de 1978 y sus modificaciones (habiéndose introducido la 
última modificación en virtud del Decreto Sult aní Nº 1/79). ¿Podría Omán brindar mayores 
especificaciones acerca del contenido de la Ley de  organización y fomento de la industria de 1978 y 
sus modificaciones, en particular, en lo referido al tratamiento de la inversión extranjera, y a la 
existencia de incentivos fiscales y cr editicios para determinados sectores? 
3) Objetivos de política Párrafo 15, páginas 16-17 
En este párrafo, el informe se refiere a la adopció n de acuerdos regionales por Omán, así como de 
acuerdos bilaterales de comercio, como el celebrado con los Estados Unidos. ¿Podría Omán 
informar con mayor detalle el c ontenido de dicho acuerdo bilateral, y, específicamente, cuál es su 
estado de situación actual? 
5) Marco para la inversión Párrafo 29, página 22 
Este párrafo menciona que el Cent ro de Omán para el Fomento de las Inversiones y el Desarrollo de 
la Exportación (OCIPED) actúa como servicio de  información para los inversores, y que sus 
principales funciones incluyen ayudar a los inverso res a obtener las autorizaciones, registrar las 
sociedades, obtener una participación de hasta el 100 por ciento y facilitar las reuniones de contacto 
entre empresas, y asesorarles sob re los incentivos de los que disponen para sus proyectos, así como 
ayudar a las empresas a comercializar y promover sus productos.¿Podría Omán especificar si dicho  WT/TPR/M/201/Add.1 
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centro también presta sus servicios a inversores extranjeros, y de ser el caso, si lo realiza para todos 
los sectores? 
III. POLÍTICAS COMERCIALES, POR MEDIDAS 2) Medidas que afectan directamente a las importaciones i) Registro y documentación 
Párrafo 5, página 26 
Este párrafo menciona que todas las empresas han de  inscribirse en el Departamento de Registro 
Mercantil, dependiente del Ministerio de Comerci o e Industria. ¿Podría Omán informar cuáles son 
los requisitos para dicha inscripción y los plazos para que la misma se haga efectiva? 
vii) Normas y otras prescripciones técnicas 
b) Medidas sanitarias y fitosanitarias 
Párrafo 44, página 38 Este párrafo se refiere a que en Omán está prohibida la entrada de aves de corral y de sus productos 
procedentes de países afectados por la peste avia r. ¿Podría Omán brindar un listado completo de 
dichos países, que amplíe el listado que – a modo de ejemplo – se indica en la nota al pie 26 de la 
página 38? 
4) Medidas que afectan a la producción y el comercio i) Incentivos Párrafo 70, página 45 En este párrafo el informe indi ca que, además de las concesion es en lo relativo a derechos de 
importación, los inversores nacionales y extranjeros tie nen entre otros los siguientes incentivos de 
carácter general: exención del impuesto sobre los beneficios por un período de  cinco años (renovable 
por otros cinco años más); utilización de tierra s durante largos períodos a tipos favorables; 
subvenciones a la electricidad, el agua y el gas natural para la producción; y préstamos en condiciones favorables de hasta 10 años, con un p eríodo de moratoria no superior a tres años, a un 
tipo de interés subvencionado. ¿Podría Omán in formar cuáles son las condiciones para el 
otorgamiento de los incentivos mencionados para los inversores extranjeros? 
IV. POLÍTICAS COMERCIALES POR SECTOR  2) AGRICULTURA, PESCA Y ACTIVIDADES CONEXAS iii) Sector pesquero Párrafo 21, páginas 57 En este párrafo, el informe se refiere a las prin cipales limitaciones que afectan a las pesquerías en 
Omán, entre las que se pueden mencionar el reduc ido tamaño de las embarcaciones pesqueras y sus 
escasas posibilidades de renovación. ¿Podría el gobi erno de Omán informar las causas por las que 
las mencionadas oportunidades de renovación de la flota pesquera resultan escasas? WT/TPR/M/201/Add.1 
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Párrafo 23, página 58 
Este párrafo hace referencia a que, durante los últim os años, las políticas de desarrollo de Omán se 
han centrado, entre otras cuestiones, en la modern ización de la flota tradicional, formada por 13.706 
embarcaciones. ¿Podría Omán informar si en dicha modernización han participado empresas 
extranjeras, y si se han establecido empresas c onjuntas (con capitales omaníes y extranjeros) 
orientadas al diseño, construcción, y mantenimiento de la flota pesquera? 
Párrafo 25, página 59 Este párrafo hace mención a que Omán ofrece sub venciones para la compra de embarcaciones de 
fibra de vidrio y de motores fuera borda, para la construcción de talleres, de almacenes refrigeradores y de malecones a lo largo de la  costa, y para el establecimiento de empresas 
dedicadas a la comercialización de pescado tant o a nivel nacional como internacional. ¿Podría 
Omán informar si dichas subvenciones se otorgan pa ra la compra de embarcaciones extranjeras, y 
para el establecimiento de empresas de capita l extranjero dedicadas a la comercialización de 
pescado? 
EUROPEAN COMMUNITIES
 
I. ECONOMIC ENVIRONMENT  
(4) OUTLOOK WTO Secretariat's Report, page 10, para. 22 
According to the Report, further integration within  the GCC area, including planned monetary union 
by 2010 is expected to improve Oman's macroeconomic performance. 
1. Could Oman explain further on the next steps towards fully functioning GCC custom union? 
WTO Secretariat's Report, page 10, para. 23 
The Report states that demographic factors, such as Oman's young population structure, and trends in 
international migration may also play an important  role.  In addition, Oman's main economic and 
social challenge seems to be the creation of em ployment opportunities for local workers, through the 
"Omanization" programme. 
2. Could Oman provide more deta ils regarding this programme? 
II. TRADE AND INVESTMENT REGIMES
 
(4) TRADE AGREEMENTS (ii) Regional Agreements 
(a) Gulf Cooperation Council 
Report by Oman, page 19, para 106 
The Report states that the GCC Member States upgraded the FTA and established GCC Customs 
Union from the beginning of 2003.   
3. Could Oman provide further information on its pa rticipation in regional integration, and in 
particular on the implementation of its  customs union with the GCC countries?   WT/TPR/M/201/Add.1 
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Report by Oman, page 19, para 107 
The Report states that from the beginning of 2008,  GCC Common Market has been established.   
4. Could Oman elaborate on the consistency between its tariff structure and its participation in 
the customs union with the GCC countries? 
In the light of the communication WT/REG222/N/1/ Corr.1, GCC Members have requested to change 
the provisions under which the Gulf Cooperation Council Customs Union had been previously 
notified – this is, under Article XXIV of GATT 1994 and the Understanding on the Interpretation of 
Article XXIV of GATT 1994- to Paragraph 4(a) of the Enabling Clause.  
5. Could Oman elaborate on the reasons for having requested this change? 
6. Could Oman elaborate on what basis it considers that a Customs Union falls within 
paragraph 2(c) of the Enabling Clause? 
(iii) Bilateral Agreements 
Report by Oman, page 19, para 111 The Report states that GCC is in the process of FTA negotiations with certain countries. 
7. Could Oman furnish information on how many FTAs it is currently negotiating, and when 
they are envisaged to enter into force?  C ould Oman spell out the main objectives pursued 
under the FTAs that it is negotiating? 
8. Could Oman elaborate on the objectives of its  regional and bilatera l trade policy, in 
particular on the consistency between its FTA policy and its participation in the customs 
union with the GCC countries? 
9. Could Oman elaborate on the bilateral agreem ents concluded with third countries, in 
particular on recently concluded FTA with Singapore? Could Oman also specify the 
coverage and scope of this Agreement, in both tariff lines and trade value figures? Are 
liberalization commitments symmetric for both Parties? 
(5) INVESTMENT FRAMEWORK 
WTO Secretariat's Report, page 18, para. 27 
The Report states that in practice, foreign owne rship is allowed up to 70% as per Oman's WTO 
commitments and implementing regulations. In add ition, subject to approval by the Cabinet of 
Ministers, upon recommendation from the Minister of  Commerce and Industry, foreign ownership of 
100% may be accepted in projects with total cap ital exceeding RO 500,000 provided the project 
contributes to the national economy. Projects are evaluated on a case-by-case basis.  
10. Could Oman specify whether there are sectors where foreign ownership beyond 70% is more 
often allowed in practice?  
11. Where foreign ownership of 100% is accepted (i .e. wholly foreign-owned subsidiaries), is 
foreign participation in Joint Ventur es between 70% and 100% also allowed? 
Report by Oman, page 9, para 27 
In its Report Oman states that the 12% rate of co rporate income tax is applicable to all companies 
registered in Oman, whether wholly Omani owned, wholly foreign-owned or joint ventures with any WT/TPR/M/201/Add.1 
Page 14  
 
percentage of foreign equity. However, branches of  foreign companies are taxed at a different rate 
which is under review. 
12. Could Oman furnish information what are the di fferent tax conditions applying to branches 
of foreign companies?  
13. When could the outcome of the current review be expected? 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
 
(2) MEASURES DIRECTLY AFFECTING IMPORTS 
(v) Import prohibitions, restrictions and licensing 
WTO Secretariat's Report, page 30, para. 29 
The Report states that imports of food products must  be accompanied by a certificate declaring them 
to be free of radiation and dioxin. The EC notes th at Oman requires a radioactivity certificate for the 
importation of European black olives. The justifica tion for the certificate came up in the aftermath of 
the accident in the nuclear plant of Chernobil (Ukraine ). The EC would like to stress that in view of 
the geographical distance between Ukraine and th e countries in the European Union, there is no 
genuine health concern.   
14. Could Oman provide information whether it is  considering reviewing the radioactivity 
certificate requirement for the importation of European black olives from all members of the 
EC? 
(vii) Standards and Other Technical Requirements 
WTO Secretariat's Report, page 33, para.44, footnote 26 
The Report states that poultry and poultry products from countries affected by Avian Flu are 
prohibited and lists in footnote 26 some of the affected countries. Furthermore, bovine imports from 
Europe and Japan are prohibited on grounds  of bovine spongiform encephalopathy (BSE). 
The EC would like to note that this list, as included in footnote 26, needs to be corrected since Oman 
has lifted the import ban against Germany. Germany is  currently classified as "free of Avian Influenza 
concerning poultry" since 26 March 2008, according to the rules of the O.I.E.  
With regard to BSE status of a country, it should be  noted that the OIE categorisation of the EC has 
been changed to "controlled risk status".  Diffe rences are made according to the BSE-status of the 
exporting country. As a consequence the import rul es are different in the OIE recommendations of 
chapter 2.3.13. of the "Terrestrial Animal Health Code" of the O.I.E. 
15. Could Oman confirm whether it is following the OIE recommendations in this respect? 
(viii) Government Procurement 
WTO Secretariat's Report, page 34, para. 54 
The Report states that Sultani Decr ee No. 64/1984 and the Unified Rules provide for price preferences 
of 10% to products of Omani origin, and of 5% to those originating from other GCC states. 
16. Could Oman furnish information whether it is  considering lowering or abandoning the 10% 
price preference in the future?  WT/TPR/M/201/Add.1 
 Page 15 
 
 
WTO Secretariat's Report, page 34, para. 55 
According to the Report the TB awarded over 2,00 0 tenders during 2003-07, mostly related to the 
construction of schools, health centres, medical care,  electricity, water, water treatment, pavements, 
and landscapes. 
17. Could Oman provide statistics of its procurement for the year 2006 or 2007, both local and 
international, and according to  supplies, services and works? 
WTO Secretariat's Report, page 34, para. 56 
Oman is an observer to the WTO Plurilateral Ag reement on Government Procurement. Despite its 
observer status, Oman has not been present in the GPA Committee in the recent months.  
18. In view of the new developments, in partic ular the new GPA text, would Oman consider 
starting the GPA accession process any time soon? 
(4) MEASURES AFFECTING PRODUCTION AND TRADE 
(iv) Intellectual Property Rights WTO Secretariat's Report, pp. 42-43, paras 88 and 91  
According to the Report Sultani Decree No. 38 of 2000 regulates trademarks, trade secrets, and the 
protection of unfair competition and Sultani Decree No. 40 of 2000 regulates geographical 
indications.  
19. Could Oman provide indicate whether it envi sages any amendments to the above-mentioned 
Decrees and their subsequent implementing re gulations and decisions? If so, could Oman 
explain the rationale of those amendments  and under what timeframes would they be 
implemented? 
(d) Trademarks WTO Secretariat's Report, page 42, para. 88  
The Report refers to well-known trademarks. 
20. Could Oman describe the scope of the concep t of "well-known trademark" in the Omani 
Trademark Law? 
(g) Enforcement 
WTO Secretariat's Report, page 43, para. 94  
The Report states that during the last few years,  Oman has made significant progress in enforcing 
IPRs protection. 
21. Could Oman provide a comprehensive scheme of  the different administrative bodies engaged 
in the administrative enforcement of intellectua l property rights, including their respective 
competences? 
22. Could Oman provide statistical data on the ex officio  actions against IPR violations 
undertaken by the different administrative bodies engaged in the enforcement, classified by administration? WT/TPR/M/201/Add.1 
Page 16  
 
23. Could Oman explain the mechanism of transfer  of cases to be settled from administrative 
actions to judicial measures? 
24. Could Oman provide information whether its legislation has implemented the provision of 
Article 47 TRIPS (Right of Information)? If no t, does Oman intend to introduce it in its 
legislation? 
25. Could Oman furnish information on the border measures provided in Omani legislation for 
ensuring the enforcement of IPR? Could Oman pr ovide the relevant provisions of the law? 
26. Could Oman provide data on how many customs actions have been undertaken on request / 
ex officio  against IPR infringing imports / exports? Are Customs authorities empowered to 
intercept infringing goods in transit / transshipment? 
WTO Secretariat's Report, page 43, paras 92-93 
The Report outlines some cases in wh ich a criminal penalty is imposed for infringement of IPRs. 
27. Could Oman furnish information on which grounds  Omani legislation distinguishes between 
civil and criminal IPR infringements. Could Om an provide the relevant provisions of the 
law? 
28. Could Oman provide information regarding the quantitative thresholds for criminal 
prosecution of the respective IPRs? 
29. Could Oman assess the deterrent effect mentione d in Article 61 TRIPS with regard to the 
Omani legislation? 
IV. TRADE POLICIES BY SECTOR 
 
(5) SERVICES  (ii) Financial Services (a) Banking WTO Secretariat's Report, page 63, para. 68 
The Report states that commercial presence in the ba nking sector is allowed in the form of wholly 
foreign-owned subsidiaries and branches of forei gn banks and of other fi nancial service suppliers. 
30. Are there limitations on the foreign participati on in the capital of joint-ventures with Omani 
investors?  
31. Are there limitations on the voting shares that foreign shareholders can exercise in banking 
and, if so, what is their legal or regulatory basis? 
(iii) Telecommunications and Postal Services WTO Secretariat's Report, page 66, para. 83 
The Report outlines that the general policy for the su bsector aims to, inter alia, introduce competition.  
32. Could Oman furnish information on the steps it is planning to take in order to introduce 
competition in the fixed services market?    WT/TPR/M/201/Add.1 
 Page 17 
 
 
33. Is Oman interested in promoting services or network competition or both of them? 
WTO Secretariat's Report, page 66, para. 86 
The Report describes some of the TRA's main objec tives which include also the use telecom services 
to promote exports.   
34. Could Oman provide information how it is pla nning to use the telecom services to promote 
exports? 
WTO Secretariat's Report, page 68, para. 90 
The Report refers to the plan to hold an open tender for licensing universal services requirements as 
set up by the MTC, with subsidies to the in cumbent to be financed by the Treasury.  
35. Could Oman provide information on whethe r the licensing requirements for universal 
services will include a single provider at nationa l basis or is it anticipated to issue them on 
the basis of different regions?  
WTO Secretariat's Report, page 68, para. 92 
The Report states that postal services are under the c ontrol of Oman Post Company, a state-owned 
monopoly.  
36. Could Oman explain whether foreign services providers are allowed to provide courier 
services and, if so, what are the limitations or conditions applying to them? 
(iv) Transport  
WTO Secretariat's Report, pp. 69-70, paras 97-98 
The Report states that the Port Services Corporati on (PSC) is the only supplier of maritime auxiliary 
services in ports. Furthermore, in the context of the GCC, rules and regulations for seaports have been 
approved to bring port infrastructure, equipment,  systems, and services into accord with best 
international practices, standards, and norms. 
37. Could Oman provide its opinion on the progress so far achieved and on the extent to 
which the market for the supply of services auxiliary to maritime transport is open to 
international services suppliers? 
38. Could Oman furnish information on its future plans in this regard? 
(v) Tourism 
WTO Secretariat's Report, page 73, para. 115 
The Report states that tourist guide services are reserved for Omani nationals.  
39. Could Oman explain why this activity is reser ved for Omani nationals and whether it has any 
intention to open up this sector to foreign ser vice providers in the future and if so, when? WT/TPR/M/201/Add.1 
Page 18  
 
JAPAN
 
The Government Report (WT/TPR/S/201) I.  ECONOMIC ENVIRONMENT (4) OUTLOOK 
(Question 1: page 10, paragraph 23) 
[Government Report (page 10, paragraph 43)] 
The Government of Oman requires companies operating in Oman to comply with the quota 
requirement of hiring Oman labours. According to the Secretariat report, companies that do not comply with quota requirements face fines, bans on hiring expatriates, and restrictions when seeking government contracts. As an incentive, the Gove rnment also allows companies that meet the 
Omanization quotas to bring in additional expatria te workers through a "green-card" system of 
expedited labour clearances (Economist Intelligence Unit, 2007). Japan understands that the Ministry 
of Manpower provides information on Omani labours seeking jobs, to those co mpanies which need to 
newly hire Omani labours. Despite education and training programmes by the Government of Oman, 
a number of workers with good skills required by compan ies is not freely available. It is seen in many 
cases that in order to comply quota requirement, companies hire workers without high level of skill 
such as drivers and guards. Japan is of the view  that such quota requirement results in increasing 
human costs for these companies, leading to an adve rse effect on companies newly entering into the 
Omani market.    
(1)  From this perspective, Japan would like to  be informed of specific measure to strengthen 
training and education programmes to be  made by the Government of Oman. 
(2)  Please indicate future prospects of easing or eliminating such quota requirement of hiring 
Omani labours. 
II. TRADE AND INVESTMENT REGIMES 
(4) TRADE AGREEMENTS 
(iii) Bilateral agreements (Question 2: page 17, paragraph 23) 
The Secretariat report states, "Oman has signed bilateral economic coopera tion agreements with 
20 countries".  
(1)  Please provide specific names of the ag reements designated as the term "economic 
cooperation agreement". 
(2)  Please indicate specific names of th e signed countries of these agreements. 
(5) INVESTMENT FRAMEWORK 
(Question 3: page 18, paragraph 27) According to the Secretariat report, all foreign i nvestments require approval under the Foreign Capital 
Investment Law; foreign investment in companies with capital of RO 150,000 or less is banned. The  WT/TPR/M/201/Add.1 
 Page 19 
 
 
Law allows foreign investors to own up to 49% of companies with minimum capital of RO 150,000 
(US$390,000). In practice, foreign ownership is allowed up to 70% as per Oman's WTO 
commitments and implementing regulations. Japan unde rstands that the investment law, which is 
being finalized, will reflect this provision.   
(1)  In light of promoting investment in Oman  by Japanese companies, Japan would like to be 
informed of the prospect and schedule regarding the amendment of the Foreign Capital Investment 
Law. 
(2)  Please indicate future prospects of further deregulating the restriction on foreign capital 
participation. 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) MEASURES AFFECTING PRODUCTION AND TRADE (iv) Intellectual property rights (Question 4: page 43, paragraph 91) Please respond to the following questions related to the protection of geographical indication (GI). 
(1)  Please explain the objective of Sultani D ecree No.40 of 21 May 2000. What should be 
protected legally?  
(2)  Please indicate specific requirements to be registered as the GI. How GI is defined? 
(3)  Please explain beneficiary by the protection of the GI. Who is a right holder of the GI in case 
that a GI is registered? 
(4)  Please explain how the GI is protected. Are there any differences in protection between 
registered GI and unregistered GI? What kind of  action is regarded as illegal in this Degree? 
IV. TRADE POLICIES BY SECTOR 
(5) SERVICES (iii) Telecommunications and postal services (Question 5: page 67, paragraph 87) 
According to the initial offer by Oman in the ser vice negotiations of the DDA, we understand that 
Oman has the specific reservation such as "commercial presence in the form of wholly foreign-owned 
subsidiaries permitted" in Mode 3 of market a ccess column from sub-sector "(a) voice telephone 
services" to sub-sector "(n) on-line informati on and/or data processing, including transaction 
processing." This means that the establishment of wholly-owned subsidiaries may be permitted in 
Oman.  
The Secretariat report explains that any operat or wanting to establish, operate, and provide 
telecommunications system and service must obtain a licence from the Telecommunications 
Regulatory Authority (TRA).  
(1)  Please clarify whether or not Oman has any ot her measures such as numerical restriction of 
licence in order to limit market access of foreign companies providing telecommunication service in 
Oman. WT/TPR/M/201/Add.1 
Page 20  
 
(2)  If no, Japan would like to recommend the Govern ment of Oman to offer "none" in Mode 3 of 
the market access column in all sub sectors in its specific commitment of services. If Oman has some 
difficulties, please explain specific reasons why Oman does not to do so. 
(Question 6: page 67, paragraph 88) 
According to the Secretariat report, there are th ree types of telecom licenses in Oman, namely, 
"class I", "class II" and "class III" licenses. 
Please provide latest information on these licenses issu ed to foreign telecommunication carriers (i.e. 
number of issued licenses, companies' names, etc.), respectively.  
COLOMBIA
 
Since 1973, the rial omani has been pegged to the U.S dollar (US$ 2.6 per 1 RO as from 1986). On 
the other hand, table AI.4 says that imports from the US account only for 5.2% of total imports. 
• Have the Oman authorities considered linking the value of its currency to a basket of 
currencies as other GCC members have already done?  
CANADA  
REPORT BY THE GOVE RNMENT (WT/TPR/G/201)  
No questions.  
REPORT BY THE SECRETARIAT (WT/TPR/S/201)  
II. Trade and Investment Regimes; (5) Investment Framework; page 18, paragraph 26:  
The Secretariat Report notes that according to Oman i authorities, the Commercial Companies Law is 
in the process of being revised.   
1. Could Oman explain the nature of the revisi ons being undertaken, if and how these changes 
will impact foreign investors, and the antic ipated timeframe for the adoption of the 
revised Commercial Companies Law? 
III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(vii) Standards and other technical requirement s; (b) Sanitary and phytosanitary measures; 
page 33, paragraph 44: 
2. Oman states that "poultry and poultry products from countries affected by Avian Flu are 
prohibited."  Does Oman apply regionalisation (Ar ticle 6 of the SPS Agreement) with respect 
to the prohibition of poultry and poultry products from countries affected by Avian Flu?   
3. What is the status of the Gulf C ooperation Council (GCC) food import policy 
(G/SPS/N/OMN/22 notified to the WTO on April 10, 2007) with respect to revision based on WTO member input and the implementation of the policy? 
III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(viii) Government procuremen t; page 34, paragraph 53: 
The Secretariat Report notes that tender notices must  be published in well-spread local newspapers 
and in the Official Gazette for purchases of at least RO 500,000.   WT/TPR/M/201/Add.1 
 Page 21 
 
 
4. What is the practice for publishing purchases that are less than RO 500,000? 
III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(viii) Government procuremen t; page 34, paragraph 54: 
The Secretariat Report notes that the Sultani Decr ee No. 64/1984 and the Unified Rules provide for 
price preferences to products of domestic origin and to those originating from other GCC states.  
5. Please explain the steps Oman intends to take to  in order to open its government procurement 
market to other foreign suppliers.  
III. Trade Policies and Practices by Measure; (4 ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights: page 41, paragraph 85: 
According to the Secretariat Report, "The Government  may also authorize one of its agencies, in the 
public interest and against payment of fair compensati on, to exploit a patent without the consent of the 
patent owner, based on the same criteria. Such a decision may be appealed."  
6. Please provide more information regarding th e appeal process for compulsory licence 
allocation.  
III. Trade Policies and Practices by Measure; (4 ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights: page 43, paragraph 91: 
Canada notes that in regards to Geographical I ndications (GIs), "Agricultural, industrial or 
handicraft products having a distinctive character istic or reputation attributable to their 
geographical origin are protected (the time frame for protection is unspecified), whether registered or not."  
7. Could Oman please provide further information on whether use within Oman is necessary for 
protection of non-registered indications? 
III. Trade Policies and Practices by Measure; (4 ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights: page 43, paragraph 92: 
According to the Secretariat Re port, "According to Article 24 of Sultani Decree No. 82/2000 on 
Patents, any person who commits an offence shall be penalized by imprisonment for not more than 
two years and/or a fine."  
8. Canada would be grateful if Om an could provide more information as to what level of patent 
offence would be needed to justify imprisonment. 
III. Trade Policies and Practices by Measure; (4 ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights; page 43, paragraph 94: 
The Secretariat Report states that, "Moreover, the MOCI conducts periodic raids on unlicensed 
distributors of pirated satellite signals in res ponse to industry complaints. Nonetheless, under-the-
counter sales of unauthorized software and DVDs ar e reported to persist in some locations."  
9. Could Oman please provide details on the results of these periodic raids?  
IV. Trade Policies by Sector; (5) Services; (iii)  Telecommunications; page 67, paragraph 89: 
Paragraph 89 notes that the government of Oman intends to open competition in the fixed-line 
segment and end Omantel's monopoly.   WT/TPR/M/201/Add.1 
Page 22  
 
10. Could Oman please provide information on its  progress in opening competition in this 
segment as well as plans or timelines for moving forward? 
IV. Trade Policies by Sector; (5) Services;  (v) Tourism; page 73, paragraph 115: 
According to the Secretariat Report, under the Fo reign Capital Investment Law, foreign investors 
may own up to 70% of total equity in the tourism subsector. This can be raised to 100% in the 
case of "strategic" projects. 
11. Canada notes, however, that Oman's schedule of  commitments maintains the level at 49%. Is 
the Government contemplating reflecting the hi gher limit of 70% in Oman's next services 
offer? 
12. Also, what is meant to be captured by "strat egic" projects? What guidelines or criteria are 
used to determine what qualifies as a "strategic" project? Canada would be grateful if Oman 
could provide any examples of "strategic" projects.  
Appendix Tables; Table AIV.2 - Summary of Oman's Specific Commitments in Services, 2008, 
page 95: 
With respect to tourism, the table identifies Hotels and restaurants among the sub-sectors where 
specific commitments have been taken. Howeve r, we note that Oman has taken commitments 
only in respect of specific sub-categories su ch as Hotel lodging services (CPC 64110), Motel 
lodging services (CPC 64120), and Food serving services (CPC 642).  
13. In respect of Other Lodging Services (CPC 6419) and Beverage Serving Services for 
consumption on the premises (CPC 643), are there any barriers to entry in these categories?  
HONG KONG, CHINA
 
Registration and documentation  
(WT/TPR/S/201, P. 22, Para. 6) 
1. We note from the Secretariat Report that all im ports into Oman, except those of low pecuniary 
value and those intended for own use, must be  accompanied by, inter alia, a commercial invoice 
and a certificate of origin (if required) authenti cated by an Omani Consulate or representative in 
the country of origin.  Besides, importers must  be registered with the Commercial Registration 
Department under the Ministry of Commerce a nd Industry for a fee ranging from RO 33 to RO 
1,500, are required to join the Oman Chambe r of Commerce and Industry, and pay an annual 
membership fee ranging from RO 33 to RO 625.  In  addition, there is a municipality free of RO 
25 to RO 100.  Since the formalities involved a nd the fees charged could have impeding effects 
on imports into Oman, we are interested to know if Oman has any plan to remove such import 
requirements. 
Customs procedures and valuation  
(WT/TPR/S/201, P. 23, Para. 11) 2. We note from the Secretariat Report that Oman is implementing the WTO Agreement on 
Customs Valuation and that it has yet to notify the WTO of its current legislation on customs 
valuation.  We also note from the Secretariat Report that Oman still maintains minimum import 
price on products such as tobacco and tobacco products.  We are interested to know Oman's 
timetable for full implementation of th e WTO Customs Valuation Agreement.  WT/TPR/M/201/Add.1 
 Page 23 
 
 
Contingency Measures  
(WT/TPR/S/201, P. vii, Para. 6; and P. 30, Para. 30) 
3. According to the Secretariat Report, Oman h as been reviewing and am ending its laws, including 
those on contingency trade remedies.  The Report also indicated that the implementing regulations concerning the contingency trad e remedies under the GCC Treaty have not yet 
finalized.  Would Oman provide more details of  its review concerning the laws on contingency 
trade remedies?  Is it related to the implementation of the GCC Treaty?  And, is there a timetable for the finalization of the implemen ting regulations on contingency trade remedies? 
Standards and technical requirements
 
(WT/TPR/S/201, P. 32, Para. 36) 4. We note that the Gulf Standards Organisation, together with national standardization bodies of 
the GCC, is in the process of establishing a Regional Conformity Assessment System (RCAS).  We are interested to know deta ils of the RCAS and the target  dates for the completion and 
implementation of the System. 
Tourism Services
 
(WT/TPR/S/201, P. 73, Paras. 111 and 115) 
5. We note from the Secretariat Report that tourism is a key policy objective in Oman.  We also 
note that under Oman's Foreign Capital Investme nt Law, foreign investors may own up to 70% 
of total equity in the sector and this can be raised to 100% in case of "strategic" projects 
whereas with respect to Oman's GATS commitments,  foreign equity for restaurants is limited to 
49%.  We would like to seek clarification from Oman on the difference and would like to 
encourage Oman to narrow the gap between th e commitments undertaken under the GATS and 
the more liberal de facto regime in its next offer. WT/TPR/M/201/Add.1 
Page 24  
 
ADDITIONAL WRITTEN QUESTIONS  
BRAZIL
 
Although Brazil is not one of the greatest Oman's trade partners up to this time, we are interested in 
some answers for these questions  below based in the WTO Secretariat Report (WT/TPR/S/201, 
21 May 2008):  
Paragraph 3, page iii:  "… Oman has bound 100% of its tariff lines at  rates ranging up to 200%, and 
averaging 13.8% (i.e. average bound rates of 28% on agricultural products, and 11.6% on non-agricultural goods);  this leaves ma rgin for applied tariff increases…" 
Question:  Does Oman have intention to diminish , in a short term, the bound of tariffs which are 
bound in a high level (above 50%, for example)? 
The document WT/TPR/S/201, in Chapter 4, page 46,  paragraph 9, states that "The simple average 
applied MFN tariff for agricultural products (Major Division 1 of ISIC Revision 2) is 3.9%.  Imports 
of some agricultural raw materi als and basic food products are duty free.  Alcoholic beverages, 
tobacco and tobacco products, a nd pork and pork products are subject to the highest tariff rate 
(100%)." 
Question:  If Oman average tariffs are low, and Om an is a net importer of agricultural products why 
these tariffs of tobacco and other products are so  high?  Does Oman intend to decrease these high 
tariffs?  
UNITED STATES
 
"Regarding Oman's response to our question from th e Secretariat's Report (Page 29, paragraph 28), 
Oman provides a list of conditions that must be met in order to obtain an import certificate for fishing 
boats. Are applicants allowed to obtain only one license to import a fishing boat in their lifetimes, or 
may they apply for additional licenses to import ag ain?  For how long are the licenses valid? Is the 
purpose of the restriction to ensure that fisherme n do not become importers of additional boats for 
sale, rather than for their own use?  Can someone own more than one fishing boat and employ others 
to fish from them?" 
Follow up questions from the United States to Oman 
1.   Paragraph 89, page 67:   The Secretariat states that the Omani government "intends to open 
competition in the fixed-line segment and end Om antel's monopoly."  Yet based on Oman's GATS 
Schedule of Commitments, Omantel's monopoly was to  end no later than January 1, 2004 for cross-
border services and on a commercial presence basis with no foreign equity restrictions as of January 1, 2005.  Why is Omantel's monopoly still in  place and no new licenses have yet been issued? 
This document references certain licensing fees char ged to Omantel for fixed and mobile services.  
What licensing fees will be charged to new licensees, and upon what basis will the fee levels be set?  
Answer:
 
Omantel does not have any monopoly on any services; please refer to the license conditions. Mobile 
licenses have been issued. As rega rds to the fixed license category, a Class I license activity is under 
process for issuing a full-fledged fixed infrastru cture based service licenses which includes fixed 
wireless broadband are expected to be awarded before  the end of this year and there after individual 
fix service licenses shall be made available for license application.   WT/TPR/M/201/Add.1 
 Page 25 
 
 
Omantel was authorised by previ ous laws as a service provider be fore new Telecom Act came into 
existence. The fees charged were for the formalizat ion process of issuing the new licenses and reflect 
only a cost recovery of TRA for issuing these licenses. 
In case of scarce resources, the licensee would be determined through bidding process. If it does not 
involve scarce resources, the licenses shall be made av ailable for applications and shall be based on 
technical and financial criteria.  
U.S. Follow-up question: You indicate that Oman plans to issue "full-fledge d fixed infrastructure based service licenses which 
include fixed wireless broadband" by the end of this  year.  Only thereafter will it allow companies to 
apply for individual fixe d services licenses.  
Why is there currently a restriction on applying fo r a fixed service license and how is this consistent 
with your 2000 GATS commitments to liberalize the international long distance fixed line market as 
of 2004? 
2.   Page 67, Paragraph 88:   For each of the three types of telecommunications license categories 
(Class 1, Class 2 and Class 3), please indicate: a) the applicable licensing criteria, including licensing 
fees; b) the period of time normally required to r each a decision concerning an application for a 
license; and, c) the terms and conditions of the licenses, as required in Oman's Reference Paper 
commitments.  Please also indicate where this info rmation is made publicly available.  Why is the 
duration of a Class 1 license determined on a "case-by-case" basis?  How is this practice consistent with the principle of non-discrimination?  Please indicate the number of applications for telecommunications service Oman's telecommunications regulatory authority has received, and how 
many, and what type, of licenses have been granted. 
Answer:
 
For each of the three types of telecommunications license categories (Class 1, Class 2 and Class 3), 
please indicate: 
a)  The applicable licensing criteria, including licensing fees. 
Answers to these questions are given in question 1 & 2 above. The fees are also given in the 
Licensing Framework on TRA website which is www.tra.gov.om. 
b)  The period of time normally required to r each a decision concerning an application for a 
 license. 
Two months from the receipt of the completed docum ents. Please see the last paragraph of Article 
(22) of the Act quoted above. 
3.   The Licensing Framework document availa ble on Oman's TRA website indicates that 
licensing fees for international long distance fac ilities-based services (both total and partial) are 
subject to a licensing fee of approximately US$52  million dollars (RO 20 million).  What is the 
purpose of establishing such extraordinarily high f ees, which could serve as a significant entry barrier 
for companies interested in developing competiti ve alternatives to Omantel? Given that these 
licensees do not receive any scarce resources (such as spectrum) to provide their services, please 
indicate how this level of licensing fee is consiste nt with GATS Article 6, numbers 4 a, b and c.  
 WT/TPR/M/201/Add.1 
Page 26  
 
REPLIES PROVIDED BY OMAN 
UNITED STATES
 
WT/TPR/S/201  
III. TRADE POLICIES AND PRACTICES BY MEASURE (2)  M
EASURES DIRECTLY AFFECTING IMPORTS  
(ii)  Customs procedures and valuation Page 23, Paragraph 11
:  When does Oman plan to notify th e WTO Customs Valuation Committee of 
its national legislation?  Also, since the Cust oms Valuation Agreement specifically prohibits 
minimum prices, what is the basis upon which Oman maintains minimum import prices on certain products?  What products other than tob acco are subject to minimum import prices? 
Answer:
 
Oman will be notifying its Customs Valuation shortly. There was some difference of opinion 
between the WTO team and Omani Customs Officials on the question of minimum price on tobacco and tobacco products. Omani customs officials do not think there is minimum price. We will discuss the issue with the customs valuation e xperts of the WTO to sort out this issue. There 
are no minimum prices on any other products.  
(v)  Import prohibitions, restrictions, and licensing 
Page 28, paragraph 26:
  Please provide an update on the status of GCC efforts to develop a uniform 
list. 
Answer:  
The committee which is entrusted to unify and cl assify the prohibited and restricted goods within 
the GCC Countries still continuing its meetings and GCC member states are actively working on 
developing a common list. The exercise may be  completed by the end of the year. 
Page 29, paragraph 28:   What are the security reasons for Oman's required certificates for the 
importation of fishing boats and radio equipment?  What are the application procedures for applying 
for these certificates and on what basis are they issued? 
Answer:  
Ministry of Fisheries does not allo w the importation of fishing boats without an initial permission 
from it to secure the fishing fleet control and the compliance in the fishing boats design 
(specifications). The security reasons are: the boats may be capable of being used for terrorist 
purposes in a country with a long coastline. Thus the need for careful examination and issuance of certificate.   
The Requirements procedures of Obtaining Fishing Boats Licenses:   
1. The applicant shall have effective license of practicing fishing. 
2. The applicant shall be recorded in the National Manpower record with evidence.  WT/TPR/M/201/Add.1 
 Page 27 
 
 
3. The applicant shall not have fishing boat or vessel license before and shall not abandon his 
license for any reason. 
4. The applicant shall be full-time fishing pr actitioner and shall not work somewhere else. 
5. The applicant shall be between 20-60 years old. 
6. The applicant shall pass on one of the specia lized courses conducted by Fishing Training 
Institutes. 
Page 30, paragraph 29:    Why must pharmaceutical products be imported directly from manufacturers 
with research departments?  Furthermore, why must pharmaceutical products be licensed in the 
country of manufacture and in at least two GCC co untries other than Oman, one of which must be 
Saudi Arabia?  
Answer:  
As per the Ministerial Decision No. 86/2000 any pharmaceutical product must be registered with 
the Ministry of Health before importing to Oman . For registering the pharmaceutical first they 
have to register the manufacturer. The ma nufacture can be research or generic. 
The registration of the manufacturer requires submi ssion of documents and/or inspection to the 
manufacture site to ensure that they are follo wing Good Manufacturing Practice (GMP) as per 
WHO recommendation. 
Registration of the products also requires submission of scientific documents as per the Ministerial 
Decision No. 86/2000. 
Importing Pharmaceutical products directly from th e manufacture other than parties is to ensure 
that the products have the same reg istration specification, safe and effective for patient use and to 
avoid counterfeit medicine.  
In most of the cases the product must be registered  in the country of origin but in some cases the 
product may not be used by them because it nay be used for certain diseases which are not 
available in the country of origin. 
Regarding the registration in at least two GCC countries including Saudi Arabia is not applicable.  
(vii)   Standards and other technical requirements 
(a)  Standards, metrology, testing, and certification 
Page 31, paragraphs 32 and 33 :  Oman's efforts to harmonize its technical regulations and standards at 
the GCC level often appear to differ significantly.  Wh at steps is Oman taking to ensure transparency 
of its harmonization undertakings? Does Oman plan to advise other WTO members that it has adopted 
final GCC standards as its own standards?  If th e GCC standards are final, what opportunity will 
interested parties have to comment and how will those comments be taken into account? Are Oman's 
codified requirements publicly available? Is Oman  planning to adopt food standards like those that 
Bahrain and Qatar have adopted? 
Answer:  
As a standing arrangement between the six GC C Member States, all published GCC Standards 
(Gulf Standards) are accepted as Regional and National Standards by all the GCC. WT/TPR/M/201/Add.1 
Page 28  
 
Member States including Sultanate of Oman. Wherever any Gulf Standard is made mandatory, it is 
accepted as a mandatory Standard (Technical Re gulation) by all Member States including 
Sultanate of Oman. Draft GCC Standards and Te chnical Regulations are processed by the Gulf 
Standards Organization (GSO) and also by DGSM Oman with full transparency and the 
involvement of the stakeholders at all stages from dr aft to finalization to ad option as a Standard or 
Technical Regulation within the requirements of  WTO-TBT, including notifications for WTO 
Member Countries. Any Comments received on the draft Standards and Technical Regulations are 
referred to the concerned Gulf  Technical Committees for cons ideration. Oman brings out 
Technical Regulations and Standards at National level (as Omani Technical Regulations or Omani 
National Standard) in case of pressing need and in the absence of Gulf Technical Regulations or 
Gulf Standards; these draft Standards and Technical regulations are also processed by DGSM at 
all stages with full transparency including circulatio n of drafts for comments within and outside 
Oman (WTO Member countries) as per WTO-TB T-SPS requirements. Nece ssary notifications for 
WTO Member States (as required under WTO-TBS-SPS) are issued by DGSM Oman for draft GSO and Omani Standards/Technical Regulatio ns. DGSM Oman has accepted and follows the 
Code of Good Practice for the Preparation, Adoption and application of Standards. 
All Gulf Standards and Omani Standards are pu blished documents, avail able from DGSM Oman 
to any interested  party and the general public in Oman. 
GSO (Gulf) Food Standards are also adopted and a ccepted as Omani Standards by Sultanate of 
Oman. 
Page 31, paragraph 34:
  Where does Oman publish its conformity assessment requirements, especially 
as they apply to all non-food products?   
Answer:  
These are published in the Official Gazette. (c)  Marketing, Labelling and Packaging Requirements  
Page 33, paragraph 47-48
:  As part of its WTO accession, Oman committed to remove mandatory 
shelf-life restrictions.  What progress has Oman made to remove these provisions and to bring its 
standards closer to the Codex guidelines on shelf-life?  What is the status of GCC efforts to amend the 
"Expiration Periods of Food Products?"  What means are available to  WTO members to follow 
progress on this matter ? 
Answer:  
Gulf Standards Organization (GSO), DGSM Oman and Food Safety Committee of GCC has been 
constantly in touch with USA in response to USA comments on Gulf Standards on Expiration 
Periods of Food Products GS 150/2007. Expiration Periods of Food. Products has been finalized as Gulf Standard and therefore accepted as the Nationa l Standard in Oman. In this recently updated 
shelf-life standards of GCC, mandatory shelf-life is  now stipulated only for highly perishable food 
products and baby food, while the expiration periods for other food products are voluntary (to be 
specified by the manufacturer – see Annex of GS 150/2007).   
The National Enquiry Point and Informatio n Centre for WTO-TBT-SPS matters (NEPIC) of 
Oman, located at DGSM Oman, can always be approached by WTO Members for information on 
this issue.   WT/TPR/M/201/Add.1 
 Page 29 
 
 
(3)  Measures Directly Effecting Exports 
(iv)  Export subsidies, finance, insurance, and assistance 
Page 36, Paragraphs 63-64:   How does the government of Oman ensure that duty refunds are not 
excessive in accordance w ith the WTO Agreement on Subsidies and Countervailing Measures (SCM 
Agreement)? 
Answer:  
Paragraphs 63 and 64 clearly say that imported goods  must be re-exported in the same condition as 
when they were imported and that the exporter is al so the original importer. While making duty 
refunds the records of duty paid on the imported goods are checked and only the amount of duty 
paid is refunded. There is no possibility of exces sive refunds under these conditions. The question 
probably relates to a situation where the goods are e xported after some processing and not in the 
same condition in which these were imported. 
Page 36, Paragraphs 65-66:   What role do exports play in the loans described? 
Answer:  
Exports do not play a decisive role. The last sentence on page 36 is clear. 
(v)  Free zones  Page 37, Paragraph 67
: What requirements must companies fulfil in order to locate in Oman's two 
free zones?  What role do exports play in the income tax incentives. 
Answer:  
First, they have to establish a company under Omani la w, and then provide feasibility study for the 
area of which licensing is required whether manufac turing industries or services. The enterprise 
has to be export orientated. However, no  role of exports in text incentives.  
(4)  M EASURES AFFECTING PRODUCTION AND TRADE  
(i)  Incentives 
Page 38, Paragraph 70:   What are the eligibility requirements for companies to re ceive the incentives 
described in this paragraph?  Also, upon what criteria does the Oman Development Bank decide 
which projects are eligible for its loans? 
Answer:  
Incentives are given for companies registered in  Oman. The law does not discriminate between 
foreign and local companies. Any company regis tered in Oman is eligible for incentives. 
Eligible projects are those projects that falls in  the sectors that are covered by Oman Development 
Bank Services (please refer to the website of ODB for clarification) meaning that projects in those 
sectors (such as tourism, industry, education, agr iculture, fisheries, and some other services such 
as information technology, etc., and other schem es for handcrafts and SME' s) are eligible for 
loans provided that they are feasible and sound.      WT/TPR/M/201/Add.1 
Page 30  
 
IV.    TRADE POLICIES BY SECTOR 
(5)
  S ERVICES  
(iii)  Telecommunications and postal services 
Page 66, Paragraph 86:   One of the Telecommunications Regulatory Agency's (TRA) main objectives 
is to "prepare suitable conditions for competiti on among licensees, to ensure the provision of world 
standard telecom services at reasonable costs and prices, and to take necessary actions to enable 
service providers to compete abroad."  Please d escribe what "suitable conditions" have been 
established to ensure competition in the market  consistent with Oman's 2000 GATS Schedule of 
Commitments.  What criteria does the TRA use to  ascertain the financia l capability of licensees? 
Answer:  
TRA Act provides eligibility criteria to demonstrat e financial credibility of an applicant for award 
of license that includes the Paid up Cap ital and the Net Present Value among the main 
considerations in assessing  the financial credibility. 
For both Class II and Class III licenses the cr iteria has been posted on TRA web site. 
www.tra.gov.om  
For details refer to the attachment #1, (and  in particular Art. 2) of this report . 
Page 67, Paragraph 87:   What technical and financial criteria are requested and reviewed in order to 
receive a telecommunications license in Oman?  What  is meant by a "preference" given to certain 
applicants for a telecommunications license?  How is  the provision of preferential treatment consistent 
with a commitment not to limit the number of participants in the market?   
Answer:  
TRA Act provides for eligibility criteria to demons trate technical and financial credibility of an 
applicant for award of license to execute mainly include: 
Beside the Paid up capital and the net presen t value (NPV) for financial consideration, the 
experience and technical capabilities to execute the project are among the chief considerations in 
assessing the technical credibility. 
For both Class II and Class III licenses the cr iteria have been posted on TRA web site 
www.tra.gov.om. Draft technical criteria for Cl ass I license is under public consultation and 
available on the website. There is no limit to the nu mber of participants in the market except when 
national resources availability is scarce. 
Q 3a.  What is meant by a "preference" given to certain applicants for a telecommunications 
 license?  
The word "preference" was used in the old Act; this now has been amended. The licenses will be 
awarded according to licensing criteria which are provided in question 1 and 2. Furthermore, the 
relevant Article (22) of the Act is quoted below.  
Applications for obtaining the telecommunications  licenses shall be made on the standard forms 
prepared by the Authority for this purpose. Applications shall not be considered unless the 
prescribed deposits and fees have been paid.  WT/TPR/M/201/Add.1 
 Page 31 
 
 
The Authority shall, when considering these applica tions, regard the provisions of this Act and in 
particular the following: 
1. The sufficiency of compet ency, expertise and capabilities of the applicant. 
2. The applicant's satisfaction of the conditions set by the Authority. 
3. The protection of the interests of the beneficiaries, other licensees and service providers. 
4. Achieving competition among the applicants  to provide telecommunications services. 
5. The promotion of research, development of the telecommunications services or provision of 
new types thereof. 
6. Cancelled by the Royal Decree No. 64/2007. 
7. Encouragement of investment in telecommunications sector. 
A decision on the application shall be made w ithin a period not exceeding two months from the 
date of its satisfactory submission in fulfilmen t of all necessary procedures and documents, or 
within a period not exceeding four months of the date of its submission. In case of rejecting the application, the applicant shall be notified of the reasons for the rejection.   
Q3b.  How is the provision of preferential treatm ent consistent with a commitment not to limit the 
 number of participants in the market? 
As explained above, there is no preferential t reatment in the law or in any regulations. 
Page 67, Paragraph 88:
  For each of the three types of telecommunications license categories (Class 1, 
Class 2 and Class 3), please indicate: a) the applicab le licensing criteria, including licensing fees; b) 
the period of time normally required to reach a deci sion concerning an application for a license; and, 
c) the terms and conditions of the licenses, as re quired in Oman's Reference Paper commitments.  
Please also indicate where this information is made pub licly available.  Why is the duration of a Class 
1 license determined on a "case-by-case" basis?  How is  this practice consistent with the principle of 
non-discrimination?  Please indicate the number of  applications for tele communications service 
Oman's telecommunications regulatory authority ha s received, and how many, and what type, of 
licenses have been granted. 
Answer:  
For each of the three types of telecommunications license categories (Class 1, Class 2 and Class 3), 
please indicate: 
a)  The applicable licensing criteria, including licensing fees. Answers to these questions are given in question 1 and 2 above. The fees are also given in the 
Licensing Framework on TRA website which is www.tra.gov.om  
b)  The period of time normally required to rea ch a decision concerning an application for a 
 license.  
Two months from the receipt of the complete d documents. Please see the last paragraph of 
Article (22) of the Act quoted above. WT/TPR/M/201/Add.1 
Page 32  
 
c)  The terms and conditions of the licenses, as required in Oman's Reference Paper 
 commitments. Please also indicate where this information is made publicly available. 
Please see www.tra.gov.om for Classes II and III. For Class I it is similar to Omantel, OmanMobile 
or Nawras license which are posted on the web-site. 
5)  Why is the duration of a Class I license determined on a 'case-by-case" basis? How is this 
 practice consistent with the principle of none?  
Class I License cover a variety of services and type  of investments, if it requires exploitation of 
scarce resources such as radio spectrum, such as in  mobile services it is considered as a medium 
term investment and therefore it is set at 15 years du ration. In case if the license require right of 
way (ROW) such as in the case of fixed infras tructure base services havi ng investment for long 
term feasibility, the duration is fixed at 25 years. These licences are ren ewable in accordance to 
provisions of article (23) of the Telecom Act.  
6)  Please indicate the number of applica tions for telecommunications service Oman's 
 telecommunications regulatory authority has received.  
Total six (6) only. 
7)  And how many, and what type, of licenses have been granted? 
a)  Five Class II category for Mobile Resale have been received and the licenses are issued. 
b)   So far one application for Class III licen se is received and at the moment is under 
 evaluation. 
Paragraph 89, page 67:
  The Secretariat states that the Om ani government "intends to open 
competition in the fixed-line segment and end Om antel's monopoly."  Yet based on Oman's GATS 
Schedule of Commitments, Omantel's monopoly was to  end no later than January 1, 2004 for cross-
border services and on a commercial presence basis with no foreign equity restrictions as of January 1, 2005.  Why is Omantel's monopoly still in  place and no new licenses have yet been issued? 
This document references certain licensing fees char ged to Omantel for fixed and mobile services.  
What licensing fees will be charged to new licensees, and upon what basis will the fee levels be set?  
Answer:
 
Omantel does not have any monopoly on any services; please refer to the license conditions. Mobile 
licenses have been issued. As regards to the fixe d license category, a Class I license activity is under 
process for issuing a full-fledged fixed infrastr ucture based service licenses which includes fixed 
wireless broadband are expected to be awarded before the end of this year and there after 
individual fix service licenses shall be m ade available for license application.  
Omantel was authorised by previous laws as a service provider before new Telecom Act came into 
existence. The fees charged were for the form alization process of issuing the new licenses and 
reflect only a cost recovery of TRA for issuing these licenses. 
In case of scarce resources, the licensee would be  determined through bidding process. If it does 
not involve scarce resources, th e licenses shall be made available for applications and shall be 
based on technical and financial criteria.  
Page 68, Paragraph 91:   The Secretariat notes that Omantel curr ently is the only provider of ADSL 
connections in Oman.  How will the TRA ensure a competitive offering of ADSL services?  What  WT/TPR/M/201/Add.1 
 Page 33 
 
 
license category would ADSL services fall under, particularly for a non-facilities-based provider 
(using Omantel lines)?  What steps has TRA taken or  will it take to permit licensees in Oman to use 
VoIP technology?  What type of license would be needed to provide voice services using VoIP? 
How will the TRA ensure a competitive offering of ADSL services?  
Answer:  
Through local loop unbundling regulations which already are going through public consultations 
process.  
What license category would ADSL services fall under, particularly for a non- facilities-based 
provider (using Omantel lines)? 
Answer:  
It would fall under class II license using infr astructure provided by Class I operator.  
What steps has TRA taken or will it take to pe rmit licensees in Oman to use VoIP technology'?  
Answer:  
TRA is technology neutral in this regard and therefore this service is considered as a part of Voice 
Service. Any licensee as such has the right to use any technology.   
What type of license would be needed to provide voice services using VoIP? 
Answer:  
Please refer to the above. TRA is technology neutra l as technology can to be adopted by both class I 
and II licensees i.e. infrastructure base or service base as long as they are authorized to provide 
voice service. 
Answer:  
Through local loop unbundling regulations which already are going through public consultations 
process.  
The 'Technology Neutral' approach is adopted. However, if the licensee requires a right of way 
then it will be class I otherwise, it would be class II license.  
TRA is technology neutral in this regard and this service is defined as Basic Voice Service.  
Basic Voice – If provided through facilities this is Class I; however, if it is provided through non-
facilities it is considered as Class II. 
Replies to additional questions  
"Regarding Oman's response to our question from th e Secretariat's Report (Page 29, paragraph 28), 
Oman provides a list of conditions that must be met in order to obtain an import certificate for fishing 
boats. Are applicants allowed to obtain only one license to import a fishing boat in their lifetimes, or 
may they apply for additional licenses to import ag ain?  For how long are the licenses valid? Is the 
purpose of the restriction to ensure that fisherme n do not become importers of additional boats for WT/TPR/M/201/Add.1 
Page 34  
 
sale, rather than for their own u se?  Can someone own more than one fishing boat and employ others 
to fish from them?" 
1. Are applicants allowed to obtain only one licen se to import a fishing boat in their lifetimes, or 
 may they apply for additional licenses to import again?  
Answer:
 
They can apply for more than one license. They can apply for additional licenses to import again.  
2. For how long are the licenses valid? 
Answer:  
These are valid for 3 years.   
3. Is the purpose of the restriction to ensure  that fishermen do not become importers of 
 additional boats for sale, rather than for their own use? 
Answer:  
Yes. 
4.  Can someone own more than one fishing boat and employ others to fish from them? 
Answer:  
Yes. Follow up questions from the United States to Oman 
1.   Paragraph 89, page 67:   The Secretariat states that the Omani government "intends to open 
competition in the fixed-line segment and end Om antel's monopoly."  Yet based on Oman's GATS 
Schedule of Commitments, Omantel's monopoly was to  end no later than January 1, 2004 for cross-
border services and on a commercial presence basis with no foreign equity rest rictions as of January 
1, 2005.  Why is Omantel's monopoly still in place and no new licenses have yet been issued? This 
document references certain licensing fees charged to  Omantel for fixed and mobile services.  What 
licensing fees will be charged to new licensees, and upon what basis will the fee levels be set?  
Omantel does not have any monopoly on any services; please refer to the license conditions. Mobile 
licenses have been issued. As rega rds to the fixed license category, a Class I license activity is under 
process for issuing a full-fledged  fixed infrastru cture based service licenses which includes fixed 
wireless broadband are expected to be awarded before  the end of this year and there after individual 
fix service licenses shall be made available for license application.  
Omantel was authorised by previ ous laws as a service provider be fore new Telecom Act came into 
existence. The fees charged were for the formalizat ion process of issuing the new licenses and reflect 
only a cost recovery of TRA for issuing these licenses. 
In case of scarce resources, the licensee would be determined through bidding process. If it does not 
involve scarce resources, the licenses shall be made av ailable for applications and shall be based on 
technical and financial criteria.   WT/TPR/M/201/Add.1 
 Page 35 
 
 
U.S. Follow-up question: 
You indicate that Oman plans to issue "full-fledge d fixed infrastructure based service licenses which 
include fixed wireless broadband" by the end of this  year.  Only thereafter will it allow companies to 
apply for individual fixe d services licenses.  
Why is there currently a restriction on applying fo r a fixed service license and how is this consistent 
with your 2000 GATS commitments to liberalize the international long distance fixed line market as 
of 2004?  
Answer:  
GATS requirements are that market should be opened which has been done. Our present licensing 
requirement for Class I Fixed is "full-fledged fi xed infrastructure based service licenses". This is 
not violation of GATS. However, we are workin g to introduce new license regime which would 
comprise of individual Fixed Service licenses.  
2.   Page 67, Paragraph 88:  For each of the th ree types of telecommunications license categories 
(Class 1, Class 2 and Class 3), please indicate: a) the applicable licensing criteria, including licensing 
fees; b) the period of time normally required to r each a decision concerning an application for a 
license; and, c) the terms and conditions of the licenses, as required in Oman's Reference Paper 
commitments.  Please also indicate where this info rmation is made publicly available.  Why is the 
duration of a Class 1 license determined on a "case-by-case" basis?  How is this practice consistent with the principle of non-discrimination?  Please indicate the number of applications for telecommunications service Oman's telecommunications regulatory authority has received, and how many, and what type, of licenses have been granted. 
For each of the three types of telecommunications license categories (Class 1, Class 2 and Class 3), 
please indicate: 
a)  The applicable licensing criteria, including licensing fees. 
Answer:
 
Yes, the licensing criteria include licensing fees. The fees are given in the Licensing Framework on 
TRA website which is www.tra.gov.om. 
b)  The period of time normally required to r each a decision concerning an application for a 
 license. 
Answer:  
Two months from the receipt of the completed doc uments. Please see the last paragraph of Article 
(22) of the Act quoted above. 
3.   The Licensing Framework document availa ble on Oman's TRA website indicates that 
licensing fees for international long distance fac ilities-based services (both total and partial) are 
subject to a licensing fee of approximately US$52  million dollars (RO 20 million).  What is the 
purpose of establishing such extraordinarily high f ees, which could serve as a significant entry barrier 
for companies interested in developing competitive  alternatives to Omantel?  Given that these 
licensees do not receive any scarce resources (such as spectrum) to provide their services, please 
indicate how this level of licensing fee is consiste nt with GATS Article 6, numbers 4 a, b and c.  WT/TPR/M/201/Add.1 
Page 36  
 
Answer:
 
3.   We do not think that RO 20 million is high fee. The fee was set after detailed study carried 
out by an external consultant who recommended a basic fee RO 20 Million for international Long 
Distance facility provision based on economic valu e of market opportunity in the Sultanate of 
Oman and  was in fact the lowest fee suggested by the consultant.  
With reference to Article VI.4 a, b, & c, in ord er to be objective and transparent we have appointed 
international consultancy firm to formulate the cr iteria and to carry out the process of licensing. 
We do not think it is a barrier to entry. On average  the fees in the region are much higher than the 
one being asked by Oman. We don't believe that this is more burdensome than necessary nor  is it a restriction on the supply of services. 
BRAZIL
 
WT/TPR/G/201 paragraphs 17 and 18, pages 6 and 7  
Please detail further how the goal of economic divers ification is intended to  be achieved as regards 
the industrial area, specifically in sectors unrelated to resources such as oil or LNG. 
Answer:  
The salient features for industrial development is based on knowledge intensive industries, 
promotion of techno-park, gas based indu stries, food processing, petrochemicals and 
pharmaceutical industries. Foreign investment is most welcomed, establishment of free trade zone 
and reassembling plants for exports are important  part of the strategy. Quality education and 
training of skilled workers, are most rel evant to the industrial development. 
In the drive for diversification, the gas-based in dustries are a major achi evement for diversification 
of national income. The promoted industries are of high-value added with  forward and backward 
linkages, using natural gas as a major input, an d rely on local raw materials. Most of mega 
projects identified for accelerating growth and em ployment are being developed in the Sohar area. 
The prospects of developing an energy cluster in  the region are high. These projects range from 
power, petrochemicals, aluminium, iron and steel, to tourism. The successful initiatives in 
production, with technology and industry leaders,  can act as springboard for ancillary downstream 
projects. Sur, also, is hosting some mega indust ries, the LNG Project, the Fertilizer Project and 
some other vital projects. The development of Oman's  ports physical structure and the upgrading of 
the ports facilities were important for the effective utilization by Oman for its strategic geographical 
location advantage. The Salalah Port and Free Zone  shall turn Salalah into an active economic 
hub. The Duqum industrial area is coming as active economic hub too. 
The manufacturing of basic chemicals is expected to grow by an annual average growth rate of 
97.9% in the new Seventh Five Year Plan 2006-2010. 
WT/TPR/G/201 paragraph 69, page 14  
Please clarify whether the Trade Remedy Law applicab le to Oman as a GCC Member State allows for 
the imposition of trade remedies on behalf of other G CC Member States, or even simultaneously in all 
GCC Member States, rather than on a national basis only. 
Answer:  
The Trade Remedy Law of GCC does not allow for the imposition of trade remedies on behalf of 
other GCC Member States. The Law empowers GCC Permanent Committee to initiate  WT/TPR/M/201/Add.1 
 Page 37 
 
 
investigations and to apply anti-dumping or countervailing duties or take safeguard measures if the 
GCC industry is injured or threatened with in jury. The duties or measures are applied on a GCC 
basis and not on national basis. 
Replies to additional questions  
Question :    
Does Oman have intention to diminish, in a short term, the bound of tariffs which are bound in a high 
level (above 50% for example)? 
Answer:  
No. The high bound rates are for a handful of items. These are not for protectionist purposes. 
These high rates are for health and religious rea sons. There is no possibility of reducing these. 
Question:    
If Oman average tariffs are low, and Oman is a net importer of agricultural products why these tariffs 
of tobacco and other products are so high? Does Oman intend to decrease these high tariffs? 
Answer:  
No, Oman has no intention to decrease the high tariffs for alcoholic beverages, tobacco and 
tobacco products, and pork and pork products.  These are for health and religious reasons. 
Moreover the decision for having high tariffs on these products is a common GCC decision. The 
high bound rates for these items are not for pr otectionist purposes. Oman does not produce these 
products. Moreover, unlike many other WTO Memb ers, Oman does not apply VAT, Sales tax or 
any other internal taxes to these products 
AUSTRALIA  
QUESTIONS FROM AUSTRALIA ARISING FROM THE WTO SECRETARIAT REPORT ON 
OMAN  
I. ECONOMIC ENVIRONMENT 
(3) TRADE PERFORMANCE AND INVESTMENT (ii) Foreign direct investment 
1.    Australia notes that foreign land ownership in Oman is generally pr ohibited, but understands 
that Foreign Service providers are pe rmitted to lease land for fifty years. 
• Are foreign companies or individuals allowed to purchase or lease land to establish a commercial 
presence for activities other than services? 
Answer:  
Foreign companies or individuals are allowed to lease land to establish a commercial presence for 
activities other than services. Land can be leased  for a period of 50 years which is renewable.  WT/TPR/M/201/Add.1 
Page 38  
 
II. TRADE AND INVESTMENT REGIMES 
(5) INVESTMENT FRAMEWORKS 
2. Australia notes Oman's foreign investment pr ovisions.  Are GCC nationals and companies 
allowed to own 100 per cent of a publicly owned joint stock company (SAOG) and a closed joint 
stock company (SAOC)? 
Answer: 
 
Yes. III. TRADE POLICIES AND PRACTICES BY MEASURE (1) INTRODUCTION 
3. Australia notes that documentation for all imported goods must be authenticated by the 
Consulate of Oman or representative, or any Arab Embassy in the country of origin. 
• Does Oman have any plans to change this requirement? 
Answer:   
There are no plans at present to change this requirement. It is not violative of any GATT/WTO 
rule. However, the issue is under discussion in  the on-going Doha Round negotiations. Oman 
would go along with any decision taken by WTO Members by consensus. 
• Are there plans for GCC members to harmonise documentation authentication requirements? 
Answer:   
The issue of harmonization of documentation authentication requirements is under discussion 
among GCC member states . 
(2) MEASURES DIRECTLY AFFECTING IMPORTS (i) Registration and documentation 
4. Australia notes that a GCC embassy must auth enticate commercial invoices and certificates of 
origin, and that the Codex Committee on Food an d Import and Export Inspection and Certification 
Systems has agreed that legalisation is unnecessary.   Such a condition does no t provide additional 
security to Australian Government certificates.  
• Why does Oman require authentication of Government certificates?  
Answer:  
Because of fraudulent or fake certificates that are sometimes presented. (vii) Standards and other technical requirements 
5. Australia welcomes Oman harmonizing its st andards with GCC standards (Paragraph 32, 
page 31) wherever possible.  WT/TPR/M/201/Add.1 
 Page 39 
 
 
• Does Oman plan to harmonize its standards fully with GCC standards? 
• When providing notifications of Omani standard s, could Oman advise how its standards differ 
from GCC standards?  
Answer:  
As a matter of Policy and as a standing arrang ement between the six GCC Member States, all 
published GCC Standards (Gulf Standards) are a ccepted as Regional and National Standards by 
all GCC Member States, including Sultanate of Oman. 
Omani Standards are formulated only if there are no  GCC Standards on the subject and the need is 
felt in Oman for Omani National Standards; so th ere would be no need for the information on 
differences between GCC and Omani Standards in such cases. 
6.   Australia notes that Oman has indicated it is applying GCC laws on Veterinary Quarantine.  
Australia is aware that Oman is also introducing a veterinary act (the proposed Oman Veterinary Act 
– ref G/SPS/N/OMN/25). 
• Are the two sets of legislation consistent?  
• How will the GCC laws and the proposed Oman Veterinary Act differ?  
• How will inconsistencies between the two sets of legislation be addressed?  
Answer:  
The two sets of legislation (Vet. Quarantine laws ) are consistent. However, the basic law is a 
decision issued by the Head of States of all G CC countries. The second one is an Executive Order 
in which each country has the right to issue acco rding to its multilateral and bilateral obligations. 
In the case of the Sultanate of Oman the draft of this legislation has been circulated to all WTO members and all points raised by Australia have b een taken in to consideration in preparing the 
final draft of the legislation. 
7.   Australia notes that the proposed Oman Ve terinary Act would differ from the GCC law by 
prohibiting Hormonal Growth Promotants (HGPs) in meat (which the GCC law does not). 
Why is Oman proposing to continue this pr ohibition which differs from GCC standards? 
• How is this prohibition consistent with Article s 3.3 and 5.1 of the SPS Agreement (WTO Dispute 
DS26)? 
Answer:  
Regarding Hormonal Growth Promotants (HGPs) , Australia didn't raise this issue before. 
However, the Sultanate of Oman is in process of  studying this issue and revise any inconsistence 
with other GCC countries. 
8.   Australia notes that the proposed Oman Veterinary Act re-introduces a requirement for 33% 
of shelf life to be remaining for frozen meat and 50% for chilled meat, whereas the GCC has updated 
shelf life standards in GSO 150/2007, and in doing so made the requirements less restrictive. WT/TPR/M/201/Add.1 
Page 40  
 
• Why has Oman diverged from GCC standards and rest ricted entry time of meat imports to a fixed 
proportion of their shelf lives?  
• How does this issue constitute a 'pressing need' to develop a national standard (paragraph 32, 
page 31)?  
• How does this requirement benefit c onsumers, exporters or importers?  
Answer:  
GCC Standards GSO 150/2007 is being implemented an d the proposed Oman Veterinary Act is the 
process of modification to bring it into compliance with GSO 150/2007. 
9. Does the reference to 'Avian Flu' refer to Highly Pathogenic Avian Influenza (H5N1) only 
(Paragraph 44, page 33)? 
Answer:  
Yes, Avian flu meant highly pathogenic avian influenza (H5N1). (3) MEASURES DIRECTLY AFFECTING EXPORTS (iv) Intellectual Property Rights 
10. Does Oman's trademark law (Sultani Decree No.38 of 21 May 2000, WT/TPR/S/201, page 
42, paragraph 88) allow for the registration of new kinds of signs, including shape, colour, sound or 
scent, and are there any requirements th at marks be visually perceptible?  
Answer:
  
Sultani Decree No. 38/2000 has recently been supe rseded by Sultani Decree No. 67/2008, the Law 
on Industrial Property Rights. Section 1, Definitio ns of this new law provides for marks which can 
be graphically represented, including shape, co lour, scents and sounds to be registrable as 
trademarks, as follows: 
"Mark" means any sign susceptible of being specifically represented graphically that is capable of 
distinguishing goods ("trademark") or services ("se rvice mark") of one undertaking from those of 
other undertakings. A mark may, in particular, consist of words (including personal names), 
designs, letters, colours or combinations of co lours, numerals or the shape of goods or their 
packaging, holograms, geographical indications,  sounds, scents and tastes. Slogans, where they are 
not long enough to be protected by c opyright, shall be protected as marks. 
11. Australia notes that new laws on intellect ual property rights are being enacted as a 
prerequisite for the entry into force of Oman's bilateral trade agreement with the United States 
(page 40, paragraph 80).  
• What copyright changes, includi ng for the term of protection, are proposed under these new IP 
laws? 
Answer:  
A new Copyright law, Sultani Decree No. 65/ 2008 has recently been introduced to meet the 
Sultanate's copyright obligations under the recen t Free Trade Agreement with the United States.    WT/TPR/M/201/Add.1 
 Page 41 
 
 
Following are provisions relating to terms of protection for various types of copyright and 
neighbouring rights: 
First: Term of protection of the Economic rights Article (26): The term of protection for the economic  copyrights, stipulated under this law, shall be 
the life of the author and seventy years starting fr om the beginning of the Gregorian calendar year 
following the year of his death. 
Article (27): The economic rights of authors of joint works shall be protected for their life and 
seventy years starting from the beginning of the G regorian calendar year following the year of the 
death of the last surviving author. 
Article (28): The economic rights of the audio-vi sual works and collective works shall be protected 
for ninety-five years starting from the first day of the Gregorian calendar year following the year 
during which these works were legally published the first time, and if such works were not published during twenty-five years starting from th e date they were completed, the economic rights 
of these works shall be protected for one hundred tw enty years starting from the first day of the 
Gregorian calendar year following their creation. 
Article (29): The economic rights of the work s, published anonymously or under a pseudonym, 
shall be protected for ninety-five years starting fr om the first day of the Gregorian calendar year 
following the year during which these works were lega lly published for the first time. If such works 
were not published during twenty-five years st arting from the date of completion, the economic 
rights of these works shall be protected for one hun dred twenty years starting from the first day of 
the Gregorian calendar year following their creation,  and if the identity of the author is known or 
revealed during the mentioned period, the term of pr otection shall be according to the provisions of 
article (26) or (27). 
Article (30): The economic rights of the works of  applied arts shall be protected for ninety-five 
years starting form the first day of the Gregoria n calendar year following the year during which 
these works were legally published for the first tim e. If such works were not published during 
twenty-five years starting from the date of completi on, the economic rights of these works shall be 
protected for one hundred twenty years starting from  the first day of the Gregorian calendar year 
following their creation. 
Second: Term of protection of the neighbouring rights Article (31): The economic rights of the performers  shall be protected for ninety-five years starting 
form the first day of the Gregorian calendar year following the year du ring which the recorded 
performance was legally published for the first time.  If such work was not published during twenty-
five years starting from the date of completion, the economic rights of this work shall be protected 
for one hundred twenty years starting from the firs t day of the Gregorian calendar year following 
its creation. 
Article (32): The economic rights of the produ cers of sound recordings shall be protected for 
Ninety-five years starting form the first day of the Gregorian calendar year following the year 
during which the sound recording was legally publis hed for the first time. If such sound recording 
was not published during twenty-five years starti ng from the date of completion, the economic 
rights of such work shall be protected for one hundred twenty years starting from the first day of 
the Gregorian calendar year following the creation of such sound recording. WT/TPR/M/201/Add.1 
Page 42  
 
Article (33): The rights of br oadcasting programs of the broadc asting organizations shall be 
protected for twenty years starting from the first day of the Gregorian calendar year following the 
year in which the program was broadcasted for the first time. 
12. Australia notes that significant progress has been made in the last few years with respect to 
intellectual property rights enforcement (WT/TPR/S/201, page 43, paragraph 94). 
Could Oman provide statistics on the number and type of IP prosecutions that have been carried out 
since 2005?   
Answer:
 
These statistics are not readily available. 
• Have there been any legal actions taken against users of unauthorised transmission of broadcast 
signals?   
Answer:  
So far, it has not been reported by any party of any illegal activities in the country in this regard. 
• Could Oman provide statistics on the number of  Customs seizures of counterfeit and pirated 
goods in the same period?   
Answer:  
Currently the information is not available. 
13. Australia notes that Oman is a signatory to the GCC Patent Law.   
• What differences, if any, are there between the GCC patent law and Oman's patent law?   
Answer:  
The GCC patent law provides for a single GCC reg ion patent application, as distinct from a 
national application under the Omani law. Where the two laws may differ in effect, the Omani law 
takes precedence. 
IV. TRADE POLICIES BY SECTOR  (2) AGRICULTURE, FISHERIES, AND RELATED ACTIVITIES 
(ii) Agricultural Policy 14. Australia notes that imports of food products of animal origin must be accompanied by a 
health certificate declaring them to be free of ra diation.  Australia believes that no food product is 
'free of radiation' as all food products contain a level of natural radiation.  
• Is there scope to modify the requirement that "the  goods described in this certificate have not been 
contaminated by radioactive elements from nuclear fallout. Analysis of representative samples of 
similar products has shown that the radi oactivity level does not exceed 50 Bq/kg"?   WT/TPR/M/201/Add.1 
 Page 43 
 
 
Answer:  
The Sultanate of Oman will consider modification. (5) SERVICES (ii) Financial Services 
15. Australia understands that foreign banks can au tomatically acquire 10 per cent  of an Omani 
bank but ownership of up to 34.9 per cent requir es authorisation by the Central Bank of Oman, and 
any purchase of over 35 per cent requires Capital Markets Authority approval.  
• Is this understanding correct? 
• How many foreign banks have received approval to  acquire more than 35 per cent of an Omani 
bank? 
Answer:  
The limit came into effect in 1996 and since then there has been no authorization by the CBO for 
acquisition of more than 35 percent of an Omani bank. 
• What are the reasons for this policy? 
Answer:  
The rationale behind the limit is that CBO seeks to diffuse ownership and control in Omani banks. 
• Are there any plans to eliminate or re lax this limit in the foreseeable future? 
Answer:  
There are no plans to eliminate or relax this limit. 
16. Australia notes that there is a quantitative li mit on the number of foreign bank branches 
allowed in Muscat.   
• What limits apply? And  How many foreign bank  branches are allowed to operate in Muscat?  
Answer:  
The bank branch licensing policy has been lib eralized vide CBO Circular BM 991 dated 
22 October 2005. Hence, there is no quantitative limit in effect on the number of foreign bank 
branches allowed in Muscat or anywhere else in the country. 
• How many foreign bank branches are currently operating in Muscat?  
Answer:  
There are 10 foreign banks operating in the Sultanate of Oman at the present time with a network 
of 28 branches. 
17.  Are representative offices allowed to operate in Oman? WT/TPR/M/201/Add.1 
Page 44  
 
Answer:
 
Yes, they are. 
18. Australia notes that Oman allows foreign owne rship of up to 100 per cent in most insurance 
sectors, except for brokerage companies, which are restricted to a 70 per cent limit.   
• Why is foreign ownership of brokerage companies restricted to 70 per cent? 
• Are there any plans to eliminate or re lax this limit in the foreseeable future? 
Answer:   
This percentage was agreed upon during accession  negotiations for WTO membership. Presently 
there are no plans to eliminate or relax this limitation.  
19. Australia notes that motor insurance is co mpulsory and may only be provided by local 
companies. 
• Does this include Foreign Service providers who have a commercial presence in Oman? 
Answer:   
Yes, locally registered foreign service provid ers can provide the motor insurance service. 
(iii) Telecommunications and postal services 20. Australia notes that the Telecommunications Regulatory Authority (TRA) regulates the rates 
for interconnection and access services, and that the TRA reports to the Minister for Finance, who is a 
majority owner of Omantel and is on the Board of Omantel. 
• Does Oman have plans to change this? 
Answer:  
TRA is an autonomous body and directly reports  to the Council of Ministers. The TRA authority 
consists of two full time independent members wh o are not involved in any other professional 
activities. On the other hand, the Chairman, a Secretary General in the Ministry of National 
Economy, has no portfolio in the telecommunicatio ns sector. He is appointed in his own personal 
capacity. 
QUESTIONS FROM AUSTRALIA ARISING FROM OMAN'S REPORT TO THE WTO 
SECRETARIAT  
II. ECONOMIC DEVELOPMENT 
(5) MONETARY AND EXCHANGE RATE POLICIES 
21. Australia notes that Oman's stated po licy is to maintain the fixed peg.   
• Would Oman consider, at some stage in the near  future, a one-off revaluation of the Omani Riyal 
and/or remove the peg if the US  dollar continues to decline?  WT/TPR/M/201/Add.1 
 Page 45 
 
 
Answer:  
Oman will continue to maintain its peg to the U.S. dollar and not consider any revaluation of the 
Omani Rial at the present time.  
22. Australia notes that Oman intends to remain out of the proposed GCC Monetary Union. 
• Does Oman have plans to join the GCC Monetary Union after 2010 when the union is 
implemented? 
Answer:  
The current policy of the government of Oman is  not to join the proposed GCC Monetary Union 
while still remaining part of th e GCC Common Market process. 
III. TRADE POLICY DEVELOPMENTS (3) OTHER MEASURES AFFECTING IMPORTS 
23. Australia notes that Oman does not apply Value Added Taxes (VAT).   
• Following the UAE's recent decision to introdu ce a VAT, does Oman plan to introduce a VAT in 
the future? 
Answer:  
The Government is currently in consultations with  the Gulf Cooperation Council on this issue.  
IV. SECTORAL DEVELOPMENTS (5) SERVICES – BANKING AND FINANCIAL, TELECOM, AND TOURISM 
24. Australia notes that Oman's telecommunications  sector has been opened up to Foreign Service 
suppliers. 
• What aspects of the telecoms sectors have been opened to competition? 
Answer:  
Infrastructure based mobile services, ISP and other value added services have already been opened 
for competition further Class III license for provision of private networks not connected to public 
networks 
• Are new entrants permitted to have their own international gateways or permitted resale? 
Answer:  
If the new entrant is awarded with a full fixed infr astructure based license, then they are eligible to 
have their own International gateway. It also applies for international service resale which is a 
stand alone license. 
• Will fixed licenses be granted to new entrants on the basis of undertakings to provide networks? WT/TPR/M/201/Add.1 
Page 46  
 
Answer:
 
Fixed license are available for both infrastructures and service based applicants.  REPUBLIC OF KOREA
 
TRADE AND INVESTMENT REGIME 
Investment Framework  
1.   The Secretariat Report (paragraph 27, page  18) notes that all foreign investments require 
approval under the Foreign Capital Investment Law a nd that foreign ownership is allowed up to 70% 
as per Oman's WTO commitments and implementing regulations.  Please elaborate the Omani government's plans, if any, to ease the restriction regarding the maximum allowed foreign ownership. 
Answer:
  
In Computer and related services, Courier services, Telecommunication services, Insurance 
services, Banking and other Financia l services, wholly foreign-own ed subsidiaries are permitted. 
In the case of Insurance, Banking and other financial services, branches of foreign services 
suppliers are also allowed. 
2.   The Secretariat Report (paragraph 27, page 18)  also notes that land ownership for foreigners 
is generally prohibited in Oman, except in designa ted tourist areas.  Please elaborate the Omani 
government's plans, if any, to ease the restric tion regarding land owne rship for foreigners. 
Answer:  
No, we do not have any plans to ease the restri ction regarding land ownership for foreigners.   
TRADE POLICIES AND PRACTICES BY MEASURE 
Measures Directly Affecting Imports - Government Procurement  
3.   The Secretariat Report (paragraph 54, page 34) notes that the Omani government gives price 
preferences of 10% to products of Omani origin, and of 5% to those originating from other GCC 
states. It is our understanding that the overa ll procedures of government procurement are well 
supervised and conducted in a fair and transpar ent manner. However, the Omani government still 
seems to give priority to the bid price rather than the quality of the bidder, such as technology 
capability and past performance, especially in the fi elds of construction and engineering. Korea would 
like to know the Omani government's opinion on this matter. 
Answer:  
No, Oman does not give priority to the bid pr ice rather than the quality of the bidder.  
ECONOMIC DEVELOPMENT 
Human Resource Development  
4.   The Government Report (paragraph 44-46, pa ge 9) explains the Omanization policy. Korea 
fully understands the intent of the Omani governme nt in implementing this policy. However, it is 
often the case that many foreign companies face serious difficulties in finding properly skilled Omani 
labour. Considering that the Omanization policy is aimed at enhancing the education and training of  WT/TPR/M/201/Add.1 
 Page 47 
 
 
the national workforce, there may be room for flex ible application of the Omanization policy when 
foreign companies provide skill training to Omani wo rkers rather than simply hiring the workers for 
unskilled jobs.   Please elaborate the Omani government's  plans, if any, for flexibility in implementing 
the Omanization policy.  
Answer:  
Oman report, document WT/TPR/G/201, explains the Omanization programme in paragraphs    
43-46 in some detail. The Omaniz ation programme is designed to  facilitate the employment of 
qualified Omanis. It is not meant to shut out foreign personnel and foreign workers. The 
programme does not stand in the way of employ ment of foreign personnel and foreign workers 
where Omanis with requisite qualifications and skill are not available. 
ARGENTINA 
WT/TPR/S/201, REPORT BY THE SECRETARIAT I. TRADE AND INVESTMENT REGIMES 
(2) Trade policy formulation and implementation Paragraph 12, page 13 
 Paragraph 12 notes that investment in Oman is regulated by the foreign capital investment 
law, adopted by Sultani Decree No. 102/94, and by the law for the organization and encouragement of 
industry of 1978 and the amendments thereto (t he latest amendment being though Sultani 
Decree No. 1/79).  Would Oman please provide further details about the content of the law for the organization and encouragement of i ndustry of 1978 and its amendments , in particular as regards the 
treatment of foreign investment and the provision  of tax and credit incentives for specific sectors? 
Answer:
 
The Sultani Decree 61/2008 dated 15 April 2008 issued the Unified Industrial Law for GCC which 
supersedes the Omani Law for the Organization an d Encouragement of Industry 1978. It will be 
notified to WTO.  
Foreign investment and the provision of tax and Credit incentives for specific sectors  
The major features of the laws concerning th e provision of tax and credit incentives are: 
• No personal income tax, Corporate income tax at  the flat rate of 12% is amongst the lowest 
in the region and the world. 
• Tax exemptions for a period of five years on profits of foreign investment projects. This 
exemption can be renewed for a period of another five years. 
• The general permissible limit of foreign equity  in joint ventures is being raised to 70% 
(100% in special cases); companies with foreign eq uity up to 70% will also be treated at par 
with wholly Omani companies for tax purposes. 
• Exemption for import duties for import of raw materials and plant equipment for 
manufacturing and strategic industries. All other imports are subject to a nominal duty of 5%. WT/TPR/M/201/Add.1 
Page 48  
 
• Duty free market access of product from Om an to GCC countries and Greater Arab Free 
Trade Area. 
• Long-term use of land is granted at favourable rate. 
• Reduce price for natural gas input, electri city, water and advanced port facilities. 
• Protection of investment is granted by law. 
• Loans from development Bank can be given at reduced rates. The Bank focused on 
financing development projects of large, medium and small enterprises including handicraft. Economic sectors include: Indu stry, Agriculture, Animal resources, Fisheries, 
Tourism, Education, etc. Loans will be paid for a period of ten years depending on the 
nature of the project with a grace period no lo nger than half of the total credit period. The 
Bank also grants multiple loans to indivi duals simultaneously subject to conditions. 
• Seven Industrial Estates and Free Trade Zones available. 
• Modern State of the Art Technology Park near  Muscat to cater specially for the need of 
information technology enterprises. 
• Salalah Port offer large sca le investment opportunities in export-oriented and light 
manufacturing units and Sohar Port to gas based heavy industry and hydrocarbons. 
(3) Policy objectives 
Paragraph 15, page 14  Paragraph 15 refers to the c onclusion by Oman of regional ag reements and bilateral trade 
agreements, such as with the United States.  Woul d Oman please provide further details about the 
content, and in particular the current status, of this bilateral agreement? 
Answer:
 
The Oman-United States Free Trade Agreements is  a comprehensive agreement which require the 
complete liberalization of Industrial and Agricultura l products. It has extensive coverage of market 
access for services, rights of establishment with  very few exceptions for foreign investment. It 
expands on the commitments to protect IPR more th an those Oman has already taken as a member 
of the WTO under TRIPs Agreement. It includes commitments in Government Procurement (GP), 
e-commerce, policy of transparency, sanitary an d phytosanitary measures (SPS), technical barriers 
to trade (TBT) as well as include provisions to  adhere to labour and environmental standards that 
are enforced by dispute settlement agreement. Th e FTA however, does not include commitments on 
agricultural subsidies and antidumping rules.  
(5) Investment framework Paragraph 29, page 19 
 Paragraph 29 notes that the Oman Centre fo r Investment Promotion and Export Development 
(OCIPED) serves as an enquiry point for investors a nd that its main tasks include assisting investors 
in obtaining approvals, registering companies, obt aining up to 100% owners hip, facilitating business 
contact meetings, and advising investors on the in centives available for their projects, as well as 
helping firms market and promote their products.  Would Oman please specify whether the Centre  WT/TPR/M/201/Add.1 
 Page 49 
 
 
also provides services to foreign investors, and if so, whether the services in question cover all 
sectors? 
Answer :  
Yes. OCIPED provides the above mentioned assist ance to all investors whether they are local or 
foreign. As per Sultani Decree the mandate for OCIPED is to work out plans for investment 
promotion in the light of the following: 
1.  To concentrate on industrial, tourist, service, agricultural and fisheries projects giving 
priority to the projects concerned with the utilization of natural resources and transfer of 
technology. 
2.  The project must result in added valu e to the national economy and provide job 
opportunities for Omani nationals. 
II. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures directly affecting imports (i) Registration and documentation Paragraph 5, page 22 
 Paragraph 5 notes that all companies must be registered with the Commercial Registration 
Department under the Ministry of Commerce and Industry.  Would Oman please explain what the 
registration requirements are and how long it ta kes for registration to become effective? 
Answer:
 
Registration formalities:  
The Ministry of Commerce and Industry Investors Service Department is established as one-stop-
shop to facilitate the investment formalities. That involves: 
• Completion of relevant registration forms. 
• Completion of forms pertaining to the co ncerned departments in the one-stop-shop. 
• Licenses shall be issued by all Government Departments participating in the one-stop-shop 
(investor's service department). 
• Fees payable to different entities shall be paid under a single receipt voucher, as per the 
situation and the nature of the business activity. 
Time taken for registration of new companies is drastically reduced to one to two working day 
except where environmental impact has to be studied. 
(vii) Standards and other technical requirements 
(b) Sanitary and phytosanitary measures Paragraph 44, page 33 WT/TPR/M/201/Add.1 
Page 50  
 
 Paragraph 44 notes that poultry and poultry pro ducts from countries affected by avian flu are 
prohibited from entry into Oman.  Would Oman please  provide a full list of the countries concerned in 
addition to the examples given in footnote 26 on page 33? 
Answer:
 
The ban of poultry and poultry product from countri es affected by Avian flu is a temporary sanitary 
measures, therefore, the list mentioned here chang es frequently depending on countries statues of 
avian flu (HPAI) and in accordance with OIE final reports. 
(4) Measures affecting production and trade (i) Incentives Paragraph 70, page 38 
 Paragraph 70 states that in addition to import duty concessions, general incentives are 
available to national and foreign investors, includi ng:  exemption from tax on profits for five years 
(renewable for another five years);  long-term use of land at favourable  rates;  subsidized electricity, 
water, and natural gas for production;  and soft loan s for up to 10 years, with a moratorium period of 
up to three years, at a subsidized interest rate .  Would Oman please specify the requirements for the 
granting of these incentives to foreign investors? 
Answer:
 
Refer to our reply to Q 1. III. TRADE POLICIES BY SECTOR 
(2) AGRICULTURE, FISHERIES, AND RELATED ACTIVITIES 
(iii) Fisheries Paragraph 21, page 49 
 Paragraph 21 details the main c onstraints affecting Oman's fisheries, which include the small 
size of fishing boats and their limited upgrade potential.  Would the Government please explain why 
there is limited potential for upgrading the fishing fleet? 
Answer:
 
The following reasons limiting upgrade the fishing fleet: Traditional fishermen prefer to use small boats to  fish in shallow waters. The government is 
training them to use artisanal boats to fish in deep seas. 
Paragraph 23, page 49  Paragraph 23 notes that in recent years Oman's development policies have centred inter alia  
on modernizing the traditional fleet of 13,706 vessels.  Would Oman please specify whether foreign enterprises have been involved in  modernizing the fleet, and whether any joint ventures (with Omani 
and foreign capital) have been set up for the design,  construction and maintenance of the fishing fleet?  WT/TPR/M/201/Add.1 
 Page 51 
 
 
Answer:  
The option of foreign investments has not been in cluded in the Sultanate's plan of updating 
artisanal fishing fleet. However, the field is open for the participation foreign investors in the manufacturing of fishing boats and equipment.  
Paragraph 25, page 50 
 Paragraph 25 notes that Oman provides subsid ies to purchase fibreglass boats and outboard 
engines; to construct workshops, cold storage fac ilities, and jetties along the coastline; and to establish 
companies to market fish both domestically and internationally.  Would Oman please indicate 
whether such subsidies are available for the purch ase of foreign vessels and for the establishment of 
foreign-owned fish marketing companies? 
Answer: 
 
Recently, government support has been given to he lp artisanal fishing fleet on developing its 
fishing gears and methods including fishing boats and equipment noting that artisanal fishing boats is possessed only by Omani individuals. 
EUROPEAN COMMUNITIES 
 
I. ECONOMIC ENVIRONMENT  
(4)OUTLOOK WTO Secretariat's Report, page 10, para. 22 
According to the Report, further integration within  the GCC area, including planned monetary union 
by 2010 is expected to improve Oman's macroeconomic performance. 
1. Could Oman explain further on the next steps towards fully functioning GCC custom union? 
Answer: 
  
GCC is working on a few issues. We hope will be finalized by the end of the year. 
WTO Secretariat's Report, page 10, para. 23 The Report states that demographic factors, such as Oman's young population structure, and trends in 
international migration may also play an important  role.  In addition, Oman's main economic and 
social challenge seems to be the creation of em ployment opportunities for local workers, through the 
"Omanization" programme. 
2. Could Oman provide more deta ils regarding this programme? 
Answer:  
 
Oman report, document WT/TPR/G/201, explains the Omanization programme in paragraphs    
43-46 in some detail. The Omaniz ation programme is designed to  facilitate the employment of 
qualified Omanis. It is not meant to shut out foreign personnel and foreign workers. The 
programme does not stated in the way of employ ment of foreign personnel and foreign workers 
where Omanis with requisite qualifications and skill are not available. WT/TPR/M/201/Add.1 
Page 52  
 
II. TRADE AND INVESTMENT REGIMES
 
(4) TARDE AGREEMENTS (ii) Regional Agreements (a) Gulf Cooperation Council Report by Oman, page 19, para 106 
The Report states that the GCC Member States upgraded the FTA and established GCC Customs 
Union from the beginning of 2003.   
3. Could Oman provide further information on its pa rticipation in regional integration, and in 
particular on the implementation of its  customs union with the GCC countries?  
Answer:
 
The GCC has adopted a Common External Tariff whic h is in operation. The rates of the CET are 
0% and 5%. These rates are being applied by G CC Member States including Oman. The rates of 
CET are applicable to 98% of tariff lines(reference paragraph 17 at page 24 of the Secretariat report). Thus, substantially all trade is covered by the CET. 
Report by Oman, page 19, para 107 
The Report states that from the beginning of 2008, GCC Common Market has been  established.   
4. Could Oman elaborate on the consistency between its tariff structure and its participation in 
the customs union with the GCC countries? 
Answer:
 
Oman is applying the 0% and 5% rates of CET. Please see reply to Question 3. In the light of the communication WT/REG222/ N/1/Corr.1, GCC Members have requested to 
change the provisions under which the Gulf  Cooperation Council Customs Union had been 
previously notified – this is, under Article XXIV of GATT 1994 and the Understanding on the Interpretation of Article XXIV of GATT 1994 – to Paragraph 4(a) of the Enabling Clause.  
5. Could Oman elaborate on the reasons for having requested this change? 
6. Could Oman elaborate on what basis it considers that a Customs Union falls within 
paragraph 2(c) of the Enabling Clause? 
Answer (5, 6):
 
Oman has neither notified GCC customs union under Article XXIV of GATT 1994 and 
Understanding on the Interpretation of Article XXIV of GATT 1944 nor changed the notification to 
paragraph 4(a) of the Enabling Clause.  This issue of notification is under discussion among GCC 
Member States.  
(iii) Bilateral Agreements 
Report by Oman, page 19, para 111  WT/TPR/M/201/Add.1 
 Page 53 
 
 
The Report states that GCC is in the process of FTA negotiations with certain countries. 
7. Could Oman furnish information on how many FTAs it is currently negotiating, and when 
they are envisaged to enter into force?  C ould Oman spell out the main objectives pursued 
under the FTAs that it is negotiating? 
Answer:   
GCC of which Oman is a member is currently in the process of FTA negotiations with European 
Union, Australia, New Zealand, China, Japan, Indi a, Pakistan, Turkey, South Korea and Southern 
Common Market (MERCOSUR). GCC has conclu ded FTA negotiations with Singapore and 
European Free Trade Association (EFTA). These are e xpected to enter into force soon after all the 
necessary legal requirements have been completed. 
The main objective pursued under the FTAs th at GCC is negotiating is usually complete 
liberalization of industrial and agricultural goods. Greater market access for services and 
investment will improve consumer welfare by red ucing domestic prices and increase competition. 
8. Could Oman elaborate on the objectives of its  regional and bilatera l trade policy, in 
particular on the consistency between its FTA policy and its participation in the customs 
union with the GCC countries? 
Answer:  
Oman's objectives in regional and bilateral trade policy is to achieve virtually complete 
liberalization of trade in goods, further opening up  of services trade, and increase in investment 
opportunities.  
Participation in the customs union with the G CC countries complies with trade policy of GCC.  
GCC, of which Oman is a member, is now coll ectively negotiating FTAs, with WTO Members.  
9. Could Oman elaborate on the bilateral agreem ents concluded with third countries, in 
particular on recently concluded FTA with Singapore? Could Oman also specify the 
coverage and scope of this Agreement, in both tariff lines and trade value figures? Are 
liberalization commitments symmetric for both Parties? 
Answer:  
GCC-Singapore FTA recently concluded might be signed this year. It covered the following: 
services and the establishment, rules of origin, government procurement and goods (including 
specifications and standards SPS and TBT).  
The methods of classifying goods and products tr aded between the Parties under the Agreement are 
the Harmonized Commodity Description and Coding  System shall be adopted. GCC offer in goods 
consist of three lists:  
List A: goods originating in Singapore shall liberalize from the first of day. 
List B: goods originating in Singapore shall remain  at base rates for five years from the date of 
entry into force of the Agreement. 
List C: not be subject to any elimination or reduction of duties under the Agreement. 
Singapore does not impose customs duties on imports  except few of them such cars and alcoholic. WT/TPR/M/201/Add.1 
Page 54  
 
So, the elimination and reduction being a greed between the parties under this agreement depends 
on each party interests and exports to the other party. 
(5) INVESTMENT FRAMEWORK WTO Secretariat's Report, page 18, para. 27 
The Report states that in practice, foreign owne rship is allowed up to 70% as per Oman's WTO 
commitments and implementing regulations. In add ition, subject to approval by the Cabinet of 
Ministers, upon recommendation from the Minister of  Commerce and Industry, foreign ownership of 
100% may be accepted in projects with total cap ital exceeding RO 500,000 provided the project 
contributes to the national economy. Projects are evaluated on a case-by-case basis.  
10. Could Oman specify whether there are sectors where foreign ownership beyond 70% is more 
often allowed in practice?  
Answer:
 
In Computer and related services, Courier services, Telecommunication services, Insurance 
services, Banking and Other Financial services, wholly  foreign-owned subsidiaries are permitted.  
In the case of Insurance, Banking and oth er Financial services branches of foreign service 
suppliers are allowed. 
11. Where foreign ownership of 100% is accepted (i .e. wholly foreign-owned subsidiaries), is 
foreign participation in Joint Ventur es between 70% and 100% also allowed? 
Answer:  
Although we are not committed in WTO we allow in autonomously more than 70% foreign equity 
in case by case basis. 
Report by Oman, page 9, para 27 
In its Report Oman states that the 12% rate of co rporate income tax is applicable to all companies 
registered in Oman, whether wholly Omani owned, wholly foreign-owned or joint ventures with any 
percentage of foreign equity. However, branches of  foreign companies are taxed at a different rate 
which is under review. 
12. Could Oman furnish information what are the di fferent tax conditions applying to branches 
of foreign companies?  
Answer:    
Existing rate of tax on the branches of foreign companies is shown in table below: 
Taxable income (Rials Omani) Rate (%) 
Up to 5000 Exempted 
Over 5000 and up to 18000 5 
Over 18000 and up to 35000 10 
Over 35000 and up to 55000 15 
Over 55000 and up to 75000 20 
Over 75000 and up to 100000 25 
Over and above 100000 30 
13. When could the outcome of the current review be expected?  WT/TPR/M/201/Add.1 
 Page 55 
 
 
Answer:   
The government intends to unify tax rates for all companies including foreign branches to be 12%. 
The new law is expected to be enforced by the year 2009.  
III. TRADE POLICIES AND PRACTICES BY MEASURE  
(2) MEASURES DIRECTLY AFFECTING IMPORTS (v) Import prohibitions, restrictions and licensing WTO Secretariat's Report, page 30, para. 29 
The Report states that imports of food products must  be accompanied by a certificate declaring them 
to be free of radiation and dioxin. The EC notes th at Oman requires a radioactivity certificate for the 
importation of European black olives. The justifica tion for the certificate came up in the aftermath of 
the accident in the nuclear plant of Chernobil (Ukraine ). The EC would like to stress that in view of 
the geographical distance between Ukraine and th e countries in the European Union, there is no 
genuine health concern.   
14. Could Oman provide information whether it is  considering reviewing the radioactivity 
certificate requirement for the importation of European black olives from all members of the EC? 
Answer:
 
Radioactivity certificate is require d only on import of milk and milk products. No certificate 
required for European black olives.  
(vii) Standards and Other Technical Requirements WTO Secretariat's Report, page 33, para.44, footnote 26 
The Report states that poultry and poultry products from countries affected by Avian Flu are 
prohibited and lists in footnote 26 some of the affected countries. Furthermore, bovine imports from 
Europe and Japan are prohibited on grounds  of bovine spongiform encephalopathy (BSE). 
The EC would like to note that this list, as included in footnote 26, needs to be corrected since Oman 
has lifted the import ban against Germany. Germany is  currently classified as "free of Avian Influenza 
concerning poultry" since 26 March 2008, according to the rules of the O.I.E.  
With regard to BSE status of a country, it should be  noted that the OIE categorisation of the EC has 
been changed to 'controlled risk status'.  Differen ces are made according to the BSE-status of the 
exporting country. As a consequence the import rul es are different in the OIE recommendations of 
chapter 2.3.13. of the "Terrestrial Animal Health Code" of the O.I.E. 
15. Could Oman confirm whether it is following the OIE recommendations in this respect? 
Answer:
 
The ban on poultry and poultry products from count ries affected by Avian flu is a temporary 
sanitary measures, therefore, the list mentioned here changes frequently depending on countries 
status of avian flu (HPAI) and in accordance with OIE final reports.  
Regarding BSE, the GCC countries have adopted a common approach to deal with BSE affected 
European countries, which is generally based on OIE recommendations.  WT/TPR/M/201/Add.1 
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(viii) Government Procurement 
WTO Secretariat's Report, page 34, para. 54 
The Report states that Sultani Decr ee No. 64/1984 and the Unified Rules provide for price preferences 
of 10% to products of Omani origin, and of 5% to those originating from other GCC states. 
16. Could Oman furnish information whether it is  considering lowering or abandoning the 10% 
price preference in the future? 
Answer:
 
Oman is not at present a party to the Agreement  on Government Procurement. As such, under the 
relevant GATT rule Oman can give preferences. It is  not obliged to provide national treatment. As 
and when Oman joins the GPA, it will abide by the relevant provisions and the terms and 
conditions of its accessions to the GPA. 
WTO Secretariat's Report, page 34, para. 55 
According to the Report the TB awarded over 2,00 0 tenders during 2003-07, mostly related to the 
construction of schools, health centres, medical care,  electricity, water, water treatment, pavements, 
and landscapes.  
17. Could Oman provide statistics of its procurement for the year 2006 or 2007, both local and 
international, and according to  supplies, services and works? 
Answer:  
These will be provided later.  WTO Secretariat's Report, page 34, para. 56 
Oman is an observer to the WTO Plurilateral Ag reement on Government Procurement. Despite its 
observer status, Oman has not been present in the GPA Committee in the recent months.  
18. In view of the new developments, in partic ular the new GPA text, would Oman consider 
starting the GPA accession process any time soon? 
Answer:
 
Yes, Oman is considering starting negotiations for membership in the Agreement on Government 
Procurement. 
(4) MEASURES AFFECTING PRODUCTION AND TRADE (iv) Intellectual Property Rights WTO Secretariat's Report, pp. 42-43, paras 88 and 91  
According to the Report Sultani Decree No. 38 of 2000 regulates trademarks, trade secrets, and the 
protection of unfair competition and Sultani Decree No. 40 of 2000 regulates geographical 
indications.  
19. Could Oman provide indicate whether it envi sages any amendments to the above-mentioned 
Decrees and their subsequent implementing re gulations and decisions? If so, could Oman  WT/TPR/M/201/Add.1 
 Page 57 
 
 
explain the rationale of those amendments  and under what timeframes would they be 
implemented? 
Answer:  
Sultani Decrees No. 38/2000 and 40/2000 have recentl y been superseded by Sultani Decree 
No. 67/2008, the Law on Industrial Property Righ ts. This new law provides for marks which can be 
graphically represented, including colours, scents an d sounds to be Registable as trademarks.   
(d) Trademarks WTO Secretariat's Report, page 42, para. 88  
The Report refers to well-known trademarks. 
20. Could Oman describe the scope of the concep t of "well-known trademark" in the Omani 
Trademark Law? 
Answer:
 
Sultani Decree No. 67/2008, Section 36(2)(v) provides that: "(v) if it is identical with, or 
confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in 
Oman for identical or similar goods or services of  another enterprise, or if it is well-known in 
Oman for goods or services which are not identical  or similar to those in respect of which 
registration is applied for, provided, in the latter case, that use of the mark in relation to those 
goods or services would indicate a connection betwee n those goods or services and the owner of the 
well-known mark and that the interests of the owner of the well-known mark are likely to be damaged by such use." 
(g) Enforcement 
WTO Secretariat's Report, page 43, para. 94  
The Report states that during the last few years,  Oman has made significant progress in enforcing 
IPRs protection. 
21. Could Oman provide a comprehensive scheme of  the different administrative bodies engaged 
in the administrative enforcement of intellectua l property rights, including their respective 
competences? 
Answer:
 
The administration of intellectual property rights lies mainly with the Ministry of Commerce and 
Industry. The administration of the protection of plant breeder's rights rests with the Ministry of 
Agriculture. 
Copyright is administered by the Ministry of Commerce and Industry and to a limited extent also by 
the Ministry of Information and the Ministry of Heritage and Culture (in respect of importation of 
video material and clearance for public resale). 
22. Could Oman provide statistical data on the ex officio  actions against IPR violations 
undertaken by the different administrative bodies engaged in the enforcement, classified by administration? WT/TPR/M/201/Add.1 
Page 58  
 
Answer:
 
The following table shows the results of IPR viol ations undertook by MOCI, ROP and Ministry of 
Information. 
Type 2006 2007 2008 
Tooth Paste NA 168 14 
Shampoos NA 27 72 
Soap NA 313 NA 
Hand shampoo NA 5518 NA 
Peuty Items NA 228 14 
Perfumes NA 924 NA 
Pens NA NA 1 package 
Tea NA NA 3 boxes 
Snacks NA 24 cartoons NA 
Telephones NA NA 5 
Video and software 26815 11835 14201 
Copy cassette  NA NA 51 
23. Could Oman explain the mechanism of transfer  of cases to be settled from administrative 
actions to judicial measures? 
Answer:  
Sultani Decree No. 67/2008 provides for infringeme nt cases to be prosecuted by the Public 
Prosecutor on complaint from the right holder in a criminal matter or direct by the right holder in 
a civil matter. 
24. Could Oman provide information whether its legislation has implemented the provision of 
Article 47 TRIPS (Right of Information)? If no t, does Oman intend to introduce it in its 
legislation? 
Answer:  
Sultani Decree 67/2008, Title III: Protection agai nst Unfair Competition, Sections 60-65 
implements the provisions of TRIPS Article 47. 
25. Could Oman furnish information on the border measures provided in Omani legislation for 
ensuring the enforcement of IPR? Could Oman pr ovide the relevant provisions of the law? 
Answer:  
Border measures by the Customs Department include suspension of clearance of goods if a right 
holder informs of infringements, and seizure of  counterfeit goods subject to further legal 
proceedings. 
26. Could Oman provide data on how many customs actions have been undertaken on request / 
ex officio  against IPR infringing imports / exports? Are Customs authorities empowered to 
intercept infringing goods in transit / transshipment? 
Answer:  
This information is currently not available.  WT/TPR/M/201/Add.1 
 Page 59 
 
 
WTO Secretariat's Report, page 43, paras 92-93 
The Report outlines some cases in wh ich a criminal penalty is imposed for infringement of IPRs. 
27. Could Oman furnish information on which grounds  Omani legislation distinguishes between 
civil and criminal IPR infringements. Could Om an provide the relevant provisions of the 
law? 
Answer:   
Sultani Decree 67/2008, Title V General Provisio ns, Section 94(8) provides that the Public 
Prosecution Office may initiate legal action ex officio with respect to the offences described in this 
Title, without the need for a formal complaint by a private party or right holder. In such circumstance, the matter proceeds as a criminal case. 
28. Could Oman provide information regarding the quantitative thresholds for criminal 
prosecution of the respective IPRs? 
Answer: 
   
There is no such thing in the law. 
29. Could Oman assess the deterrent effect mentione d in Article 61 TRIPS with regard to the 
Omani legislation? 
Answer:  
The Omani IP laws are having deterrent effect as  evidenced by lower incidence of infringements. 
IV. TRADE POLICIES BY SECTOR  
(5) SERVICES  (ii) Financial Services 
(a) Banking 
WTO Secretariat's Report, page 63, para. 68 
The Report states that commercial presence in the ba nking sector is allowed in the form of wholly 
foreign-owned subsidiaries and branches of forei gn banks and of other fi nancial service suppliers. 
30. Are there limitations on the foreign participati on in the capital of joint-ventures with Omani 
investors?  
Answer: 
 
Foreign ownership in a locally incorporated ban k is restricted to a maximum of 70 percent as 
specified in the Schedule of Specific Commitments of Oman to the WTO.   
31. Are there limitations on the voting shares that foreign shareholders can exercise in banking 
and, if so, what is their legal or regulatory basis? WT/TPR/M/201/Add.1 
Page 60  
 
Answer:
  
There is no limitations. (iii) Telecommunications and Postal Services WTO Secretariat's Report, page 66, para. 83 
The Report outlines that the general policy for the su bsector aims to, inter alia, introduce competition.  
32. Could Oman furnish information on the steps it is planning to take in order to introduce 
competition in the fixed services market?   
Answer:
 
An international consulting has been appointed to  assets the regulator in the process of a warding 
fully fledged fix service infrastructure base li cence that includes fixed wireless broad band service 
which are planned to be aw arded before and this year and there after individual fixed service either 
infrastructure or service based shall made  available for licence applications.  
33. Is Oman interested in promoting services or network competition or both of them? 
Answer:  
Oman is interested in promoting co mpetition in both network and services. 
WTO Secretariat's Report, page 66, para. 86 The Report describes some of the TRA's main objec tives which include also the use telecom services 
to promote exports.   
34. Could Oman provide information how it is pla nning to use the telecom services to promote 
exports? 
Answer:
 
The Act states "to use telecommunications service s with the aim of encouraging other economic 
sectors and the visible and non visible exports su ch as accountancy, engineering, auditing and 
consultancy services", thus, it is the function of th e Authority to ensure that telecommunication 
services are available in kind and quality o ffered at reasonable cost. By this means 
telecommunication services shall have an indirect im pact in promoting other industries in their 
export and import activities.   
WTO Secretariat's Report, page 68, para. 90 
The Report refers to the plan to hold an open tender for licensing universal services requirements as 
set up by the MTC, with subsidies to the in cumbent to be financed by the Treasury.  
35. Could Oman provide information on whethe r the licensing requirements for universal 
services will include a single provider at nationa l basis or is it anticipated to issue them on 
the basis of different regions?   WT/TPR/M/201/Add.1 
 Page 61 
 
 
Answer:  
No, it is not stipulated in the telecom act or reg ulations that only a single provider shall be a 
licensee for the universal service. It is anticipated that they will be awarded on the basis of different 
regions; and as per Article (39) of the Act quoted below:  
The Authority shall float the services and works stated in Article (38) of this Act in a public tender 
to be handled according to the same terms and regulations issued  by the Authority. 
If no suitable bid is received for the tender, th e Authority shall delegate the provision of the 
services or the implementation of the works ment ioned above to the company. In this case, the 
Public Treasury shall pay the Company the net cost of providing the services or implementing the 
works, plus a return calculated on the basis of the yield to redemption of medium term Government 
bonds plus an additional 2%. 
(company means Omantel)  
WTO Secretariat's Report, page 68, para. 92 
The Report states that postal services are under the c ontrol of Oman Post Company, a state-owned 
monopoly.  
36. Could Oman explain whether foreign services providers are allowed to provide courier 
services and, if so, what are the limitations or conditions applying to them? 
Answer:  
Oman has made a commitment on courier services with foreign equity limited to 70% wholly 
foreign-owned subsidiaries are also allowed.   
(iv) Transport  
WTO Secretariat's Report, pp. 69-70, paras 97-98 The Report states that the Port Services Corporati on (PSC) is the only supplier of maritime auxiliary 
services in ports. Furthermore, in the context of the GCC, rules and regulations for seaports have been 
approved to bring port infrastructure, equipmen t, systems, and services into accord with best 
international practices, standards, and norms. 
37. Could Oman provide its opinion on the progress so far achieved and on the extent to 
which the market for the supply of services auxiliary to maritime transport is open to international services suppliers? 
38. Could Oman furnish information on its future plans in this regard? 
Answer 37 and 38:
 
Port Services Corporation (PSC) is not the only  supplier of maritime auxiliary services in ports. 
The Omani Commercial and Industrial ports are managed on commercial basis with high 
efficiency. They are able to attract world shippi ng companies and provide relevant industrial 
business transactions and logistics with added valu e, hence offering good quality products, better 
work opportunities and augment the investments.  Currently, three major corporations work in 
association with their strategic partners are in volved in managing and operating Sultan Qaboos 
Port managed by Port Services Cooperation (Natio nal) (major port for import/export) Salalah Port WT/TPR/M/201/Add.1 
Page 62  
 
in partnership with MARESK  USA (hub port for container tran s shipment in the region) and 
Sohar Industrial Port managed by Rotterdam port company which succeeded in attracting industrial investments exceeding US 14 Billion since establishment until 2008.  
(v) Tourism WTO Secretariat's Report, page 73, para. 115 
The Report states that tourist guide services are reserved for Omani nationals.  
39. Could Oman explain why this activity is reser ved for Omani nationals and whether it has any 
intention to open up this sector to foreign ser vice providers in the future and if so, when? 
Answer:
  
One of the government's top priorities is to pr ovide employment to a growing number of young 
Omani entering the labour market every year. He nce, the government has reserved some limited 
number of activities for Omani nationals with tour ism guide services being one of them. To this 
effect Sultani Decree No. 33/2002 on Tourism Guid e is in force stipulating that only Omani 
nationals and enterprises owned by Omani natio nals can provide tourist guide services. 
JAPAN  
The Government Report (WT/TPR/S/201) 
I.  ECONOMIC ENVIRONMENT (4) OUTLOOK 
(Question 1: page 10, paragraph 23) 
[Government Report (page 10, paragraph 43)] 
The Government of Oman requires companies operating in Oman to comply with the quota 
requirement of hiring Oman labours. According to the Secretariat report, companies that do not 
comply with quota requirements face fines, bans on hiring expatriates, and restrictions when seeking government contracts. As an incentive, the Gove rnment also allows companies that meet the 
Omanization quotas to bring in additional expatria te workers through a "green-card" system of 
expedited labour clearances (Economist Intelligence Unit, 2007). Japan understands that the Ministry 
of Manpower provides information on Omani labours seeking jobs, to those co mpanies which need to 
newly hire Omani labours. Despite education and training programmes by the Government of Oman, 
a number of workers with good skills required by compan ies is not freely available. It is seen in many 
cases that in order to comply quota requirement, companies hire workers without high level of skill 
such as drivers and guards. Japan is of the view  that such quota requirement results in increasing 
human costs for these companies, leading to an adve rse effect on companies newly entering into the 
Omani market.    
(1)  From this perspective, Japan would like to  be informed of specific measure to strengthen 
training and education programmes to be  made by the Government of Oman. 
(2)  Please indicate future prospects of easing or eliminating such quota requirement of hiring 
Omani labours.  WT/TPR/M/201/Add.1 
 Page 63 
 
 
Answer:  
Oman report, document WT/TPR/G/201, explai ns the Omanization programme in     
paragraphs 43-46 in some detail. The Omanizatio n programme is designed to facilitate the 
employment of qualified Omanis. It is not meant to shut out foreign personnel and foreign workers.  
The programme does not stand in the way of empl oyment of foreign personnel and foreign workers 
where Omanis with requisite qualifications and skill are not available. 
II. TRADE AND INVESTMENT REGIMES 
(4) TRADE AGREEMENTS 
(iii) Bilateral agreements 
(Question 2: page 17, paragraph 23) 
The Secretariat report states, "Oman has signed bilateral economic coopera tion agreements with 
20 countries".  
(1)  Please provide specific names of the ag reements designated as the term "economic 
cooperation agreement". 
(2)  Please indicate specific names of th e signed countries of these agreements. 
Answer (1, 2):  
Country name  Document  No.  
Jordan  Trade economy agreement  1 
Tunisia  Econometrical and commercial agreement  2 
Algeria  An agreement about the cor porate committee institution  3 
Syria  Economical and commercial cooperation agreement  4 
Iraq Economical and Commercial cooperation agreement 5 
Egypt  Technical and economical cooperation agreement  6 
Morocco  Economical and Technical cooperation agreement 7 
Morocco A commercial agreement  8 
Yemen  Cooperation frame agreement  9 
Iran  Understanding note establishing the common committee of economical cooperation  10 
Iran The commercial agreement  11 
Pakistan  Economical commercial and  technical cooper cal agreement  12 
Turkey  Commercial reciprocation and economical tec hnical and scientific cooperation agreement  13 
India  A treaty of friendship trade and navigation  14 
India Economical, commercial and tec hnical cooperation agreement  15 
Germany  Commercial reciprocation agreement, a nd economical and tec hnical cooperation  16 
USA  Economical and technical cooperation agreement   17 
USA Understanding note about continuing the limite d services in accordan ce with the economic 
and technical cooperation agreement  18 
Ukraine  Reciprocal encouragement and protection of industry agreement  19 
Ukraine Economical, commercial and technical (initial letters)  20 
Ukraine Cooperation agreement  21 
Italy  Economical and technical cooperation agreement  22 
Belgian Luxembourg economic 
union An agreement for economic and technical cooperation  23 
Portugal  Economic, commercial, and technical cooperation agreement (initial letters)  24 
Southern Korea  Reciprocal encouragement and protection of industry agreement  25 
(cont'd) WT/TPR/M/201/Add.1 
Page 64  
 
Country name  Document  No.  
UK and Ireland  Friendship commerce and navigation agreement  26 
UK and Ireland  Encouragement and protection of industry agreement  27 
UK and Ireland  Understanding note for t echnical cooperation  28 
Thailand  Commercial reciprocation agreement  29 
South Africa  Reciprocal encouragement and protection of industry agreement 30 
Russia  Economic, commercial, and technical cooperation agreement 31 
Russia commercial agreement 32 
Sweden  Reciprocal encouragement and protection of industry agreement 33 
China  Economic and technical (commercial) agre ement adjustment of the economic and 
technical(commercial) agreement 34 
China Encouragement and protection of industry agreement  35 
France  Economic and industrial cooperation agreement 36 
France Reciprocal encouragement and protection of industry agreement 37 
Finland  Reciprocal encouragement and protection of industry agreement 38 
Kazakhstan  Economic , commercial . and financial agreement (of limited subjects)  39 
Kazakhstan Understanding note for common cooperati on (enhancing ) cooperation in energy, 
economic, trade, and technology in addition to encouraging visits   40 
Austria  Reciprocal encouragement and protection of industry agreement 43 
Netherlands (Holland)  Economic and technical cooperation agreement 45 
Netherlands (Holland)  Reciprocal encouragement and protection of industry agreement 46 
Greece Economic and technical cooperation agreement 47 
(5) INVESTMENT FRAMEWORK 
(Question 3: page 18, paragraph 27) According to the Secretariat report, all foreign i nvestments require approval under the Foreign Capital 
Investment Law; foreign investment in companies with capital of RO 150,000 or less is banned. The Law allows foreign investors to own up to 49% of companies with minimum capital of RO 150,000 
(US$390,000). In practice, foreign ownership is allowed up to 70% as per Oman's WTO 
commitments and implementing regulations. Japan unde rstands that the investment law, which is 
being finalized, will reflect this provision.   
(1)  In light of promoting investment in Oman  by Japanese companies, Japan would like to be 
informed of the prospect and schedule regarding the amendment of the Foreign Capital Investment 
Law. 
Answer:
 
The amendment of the Foreign Capital Investment La w is in the process of preparation and study. 
(2)  Please indicate future prospects of further deregulating the restriction on foreign capital 
participation. 
Answer:  
For major services such as banki ng, insurance, other financial services and telecommunication, 
wholly-foreign owned subsidiaries are already allo wed. In the case of Insurance, Banking and 
other financial services branches of foreigner servi ce suppliers are also allowed. The amended law 
will allow 70% foreign equity for most other sub-sectors.  WT/TPR/M/201/Add.1 
 Page 65 
 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) MEASURES AFFECTING PRODUCTION AND TRADE (iv) Intellectual property rights 
(Question 4: page 43, paragraph 91) Please respond to the following questions related to the protection of geographical indication (GI). 
(1)  Please explain the objective of Sultani D ecree No.40 of 21 May 2000. What should be 
protected legally?  
(2)  Please indicate specific requirements to be registered as the GI. How GI is defined? (3)  Please explain beneficiary by the protection of the GI. Who is a right holder of the GI in case 
that a GI is registered? 
(4)  Please explain how the GI is protected. Are there any differences in protection between 
registered GI and unregistered GI? What kind of  action is regarded as illegal in this Degree? 
Answer (1, 2, 3, 4): 
 
Sultani Decree No. 40/2000 has recently been super seded by Royal Decree No. 67/2008, the Law on 
Industrial Property Rights. Section 48 to 59 of th is new law provides for GI protection as follows: 
PART II:  GEOGRAPHICAL INDICATIONS Section 48 
For the purposes of this Part: 
(a)  "good" means any natural or agricultural product or any product of handicraft or 
 industry; 
(b)  "producer" means: 
(i) any producer of agricultural products or any other person exploiting natural 
products, 
(ii) any manufacturer of products of handicraft, or industry, and 
(iii) any trader dealing in the said products. 
Section 49 Protection under this Act shall be available:   (a) against a geographical indication which, althou gh literally true as to the territory, region 
 or locality in which the goods originate, falsely represents to the public that the goods 
 originate in another territory. 
(b) against a geographical indication that is iden tical or similar to a trademark, for related 
 goods or services, if the use of that geographic al indication is likely to cause confusion, or 
 to cause mistake, or to deceive or risk a ssociating the geographical indication with the WT/TPR/M/201/Add.1 
Page 66  
 
 owner of the trademark, or constitutes unfair exploitation of the reputation of the 
 trademark.  
Section 50 In the case of homonymous registered geographi cal indications for goods, protection shall be 
accorded to each indication, subject to paragraph  (b) of Section 49. The Registrar, in cases of 
permitted concurrent use of such indications, sha ll determine the practical conditions under which 
the homonymous indications in question will be diff erentiated from each other, taking into account 
the need to ensure equitable treatment of th e producers concerned and that consumers are not 
misled. 
Section 51 
The following shall not be protected as geographical indications: 
(a)   indications which do not correspond to the definition in Section 1; (b)   indications which are cont rary to public order or morality; 
(c)   geographical indications which are not or cease to be protected in their country of origin, 
 or which have fallen into disuse in that country; 
(d)  indications with respect to goods that are identical with the term customary in common 
 language as the common name for such goods in Oman; 
(e)  indications that may be confusingly sim ilar to a mark currently registered or pending 
 registration in good faith; and 
(f)  indications that may be confusingly similar to a preexisting mark for which the rights have 
 been acquired in accordance with national law. 
Section 52 
(1)  The application for registration of a geogr aphical indication shall be filed with the 
 Registrar. The following shall have the right to file an application: 
(a) natural persons or legal entities carrying on an activity as a producer in the 
geographical area specified in the application, with respect to the goods specified in 
the application, as well as groups of such persons;  
(b)   any competent authority. 
(2)  The Registrar may, ex officio or per req uest of any of the persons designated in 
 Subsection 2(a), file for, obtain and enforce the registration of geographical indications 
 with respect to goods where the producers of  those goods are not formally organized or 
 associated and therefore may not apply fo r, obtain and enforce the registration of 
 geographical indications. In such an event, those geographical indications are governed by 
 the other provisions of this Act except for the competence for seeking their registration and 
 protection in Oman as well as in other countries. The Registrar shall be the custodian of  those geographical indications until he or the Court is satisfied that the persons or entities  
 entitled to own and enforce rights in geographical indications are organized under the 
 applicable laws or regulations.   WT/TPR/M/201/Add.1 
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(3)  The rights conferred by the registration of geographical indications shall be without 
 prejudice of the protection of geographical in dications as trademarks, collective marks or 
 certification marks as well as under the prov isions relating to the repression of unfair 
 competition, under this Act.  
Section 53 
(1)   The Registrar shall examine whether the application complies with the requirements of 
 Sections 1, 51, 52(2) and 53 and the Regulations pertaining thereto. 
 Where the Registrar finds that the conditio ns referred to in Subsection (1) hereof are 
 fulfilled, he shall cause the application, as accepted, to be published in the prescribed 
 manner. 
 Any interested person or competent authority may, within the prescribed period and in the 
 prescribed manner, give notice to the Registrar of opposition, which shall be reasoned and  in writing, to the registration of the geograph ical indication on the grounds that one or 
 more of the requirements mentioned in Subsection (1) have not been met. 
(2)  
(a) The Registrar shall give notice of the opposition to the applicant, who, within the 
period of ninety (90) days from receiving that notice, shall send to the Registrar a counter-statement, in writing, of the grounds on which he relies for his application;  if he does not do so, he shall be deem ed to have abandoned the application. 
(b)   If the applicant sends a counter-statement, the Registrar shall furnish a copy 
thereof to the person giving notice of opposition and, after hearing the parties, if 
either or both wish to be heard, and consid ering the merits of the case, shall decide 
whether the geographical indication should be registered. 
(3)   Where the Registrar finds that the conditio ns referred to in subsection (1) are fulfilled. 
 The registration of the geographical indicatio n has not been opposed within the prescribed 
 time limit. 
 The registration of the geographical indi cation has been opposed and the opposition has 
 been decided in the applicant's favour, he shall register the geographical indication,  publish a reference to the registration and issue to the applicant a certificate of registration.  
 Otherwise, he shall refuse the application. 
(4)   Both the decisions of refusal or of accep tation by the Registrar may be the subject of an 
 appeal to the Court, in accordance with the provisions of Section 111. 
Section 54 
(1)  Producers carrying on their activity in the geographical area specified in the Register 
 relating to a particular geographical indicatio n shall have the right to prevent all third 
 parties from using in the course of trade id entical or similar signs for goods or services 
 which are identical or similar to those in respect of which the geographical indication is 
 registered. 
(2)  The provisions of Section 40 apply mu tatis mutandis to geographical indications. WT/TPR/M/201/Add.1 
Page 68  
 
Section 55 
(1)   Any interested person or any competen t authority may request the Court to order: 
(a) the invalidation of a registration of a geographical indication on the ground that it 
does not qualify for protection as such having regard to Sections 1, 51, 52(2) and 53;  
(b)  the rectification of a registration of an geographical indication on the ground that 
the geographical area specified in th e registration does not correspond to the 
geographical indication, or that the indication of the products for which the geographical indication is used or the indication of the quality, reputation or other characteristic of such products is missing or unsatisfactory. 
(2)  In any proceedings under this Section,  notice of the request for invalidation or 
 rectification, shall be served on the person who filed the application for registration of the 
 geographical indication or his successor in title and shall, by a publication in the Official  Gazette, be given to all persons having the right to use the geographical indication under 
 Section 54. 
The persons and any other interested person ma y, within a period which shall be specified 
by the Court not less than ( 30 days ) in the sa id notice, apply to join in the proceedings. 
Section 56 The Court shall, ex officio or at the request of an interested party, refuse or invalidate the 
registration of a trademark which contains or cons ists of a geographical indication with respect to 
goods not originating in the territory indicated, if  use of the indication in the trademark for such 
goods in Oman is of such a nature as to misle ad the public as to the true place of origin. 
Section 57 The registration of a trademark for goods which co ntains or consists of a registered geographical 
indication shall be refused or invalidated by the Regi strar or the Court, ex officio or at the request 
of an interested party, with respect to such goods not having this origin. 
Section 58 
(1)  Nothing in this Act shall prevent continued and similar use in Oman of a particular 
 geographical indication of another country in  connection with goods or services by any 
 national or domiciliary of Oman who have used that geographical indication in a  continuous manner with regard to the same or  related goods or services in the territory of 
 Oman for at least 10 years preceding April 15,  1994 or in good faith preceding that date. 
(2)   Where a distinctive sign has been applied fo r or registered in good faith in Oman, or where 
 rights to a distinctive sign have been acqu ired through use in good faith in Oman or 
 through its having become well-known in Oman before November 9, 2000 or before the 
 geographical indication is protected in its country of origin, 
(3)  This Act shall not prejudi ce the registrability of or the va lidity of the registration of a 
 distinctive sign, or the right to use a distinctive sign, on the basis that such a distinctive sign 
 is identical with, or similar to, a geographical indication.  WT/TPR/M/201/Add.1 
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(4)   Nothing in this Act shall apply in respect of a geographical indication of any country with 
 respect to goods or services for which the releva nt indication is identical with the term 
 customary in common language as the co mmon name for such goods or services in Oman 
 or in respect of a geographical indication of  any other country with respect to products of 
 the vine for which the relevant indication is identical with the customary name of a grape 
 variety existing in Oman as of January 1, 1995. 
(5)   Any request for relief made under Title IV  of this Act in connection with the use or 
 registration of a distinctive sign must be presented within five years after the adverse use of  the protected indication has become genera lly known in Oman or after the date of 
 registration of the trademark in Oman, provid ed that the trademark has been published by 
 that date, if such date is earlier than the date on which the adverse use became generally 
 known in Oman and provided that the geograph ical indication is not used or registered in 
 bad faith. 
(6)   This Act shall in no way prejudice the right of  any person to use, in the course of trade, that 
 person's name or the name of that perso n's predecessor in business, except where such 
 name is used in such a manner as to mislead the public. 
Section 59 Subject to the provisions of Title IV, any inter ested person and any interested group of producers or 
consumers may institute proceedings in the Co urt to prevent, in respect of geographical 
indications, 
(a)   the use of any means in the designation or  presentation of a good that indicates or suggests 
 that the good in question originates in a geog raphical area other than the true place of 
 origin in a manner which misleads the public  as to the geographical origin of the good; 
(b)   any use which constitutes an act of unfair competition within the meaning of Article 10 bis 
 of the Paris Convention; or 
(c)   use of a registered geographical indicatio n identifying any goods not originating in the 
 place indicated by the geographical indication in question, even where the true origin of the 
 goods is indicated or the geographical indicatio n is used in translation or accompanied by 
 expressions such as "kind", "type", "style", "imitation" or the like. 
IV. TRADE POLICIES BY SECTOR (5) SERVICES (iii) Telecommunications and postal services 
(Question 5: page 67, paragraph 87) According to the initial offer by Oman in the ser vice negotiations of the DDA, we understand that 
Oman has the specific reservation such as "commercial presence in the form of wholly foreign-owned 
subsidiaries permitted" in Mode 3 of market a ccess column from sub-sector "(a) voice telephone 
services' to sub-sector "(n) on-line informati on and/or data processing, including transaction 
processing." This means that the establishment of wholly-owned subsidiaries may be permitted in 
Oman.  WT/TPR/M/201/Add.1 
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The Secretariat report explains that any operat or wanting to establish, operate, and provide 
telecommunications system and service must obtain a licence from the Telecommunications Regulatory Authority (TRA).  
(1) Please clarify whether or not Oman has any other measures such as numerical restriction of 
licence in order to limit market access of foreign companies providing telecommunication service in 
Oman. 
Answer:
 
There is no numerical restriction of license; ho wever the licensee must  have commercial presence 
in Oman. 
(2)  If no, Japan would like to recommend the Govern ment of Oman to offer "none" in Mode 3 of 
the market access column in all sub sectors in its specific commitment of services. If Oman has some 
difficulties, please explain specific reasons why Oman does not to do so. 
Answer:  
Oman would consider the suggestion. (Question 6: page 67, paragraph 88) 
According to the Secretariat report, there are th ree types of telecom licenses in Oman, namely, 
"class I", "class II" and "class III" licenses. 
Please provide latest information on these licenses issu ed to foreign telecommunication carriers (i.e. 
number of issued licenses, companies' names, etc.), respectively.  
Answer:
 
Second mobile operator is a majority foreign ow ned investment; however it is registered as a local 
company. Recently five Class II licenses has been  issued, most of these licensees have foreign 
investment.  
COLOMBIA  
Since 1973, the Rial Omani has been pegged to the U.S. dollar (US$ 2.6 per 1 RO as from 1986). On 
the other hand, table AI.4 says that imports from the US account only for 5.2% of total imports. 
• Have the Oman authorities considered linking the value of its currency to a basket of 
currencies as other GCC members have already done? 
Answer:   
Under study till the government find out the best solution to serve Omani economy.  
CANADA  
REPORT BY THE GOVE RNMENT (WT/TPR/G/201)  
No questions.   WT/TPR/M/201/Add.1 
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REPORT BY THE SECRETARIAT (WT/TPR/S/201)  
II. Trade and Investment Regimes; (5) Investment Framework; page 18, paragraph 26:  
The Secretariat Report notes that according to Oman i authorities, the Commercial Companies Law is 
in the process of being revised.   
1. Could Oman explain the nature of the revisi ons being undertaken, if and how these changes 
will impact foreign investors, and the antic ipated timeframe for the adoption of the 
revised Commercial Companies Law? 
Answer:  
The plan is to merge the two laws; the Comm ercial Companies Law and the Foreign Capital 
Investment Law under one law in order to make the new law more liberalized and more investment 
friendly.   
III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(vii) Standards and other technical requirement s; (b) Sanitary and phytosanitary measures; 
page 33, paragraph 44: 
2. Oman states that "poultry and poultry products from countries affected by Avian Flu are 
prohibited."  Does Oman apply regionalisation (Ar ticle 6 of the SPS Agreement) with respect 
to the prohibition of poultry and poultry products from countries affected by Avian Flu?   
Answer:  
Yes, it does. 
3. What is the status of the Gulf C ooperation Council (GCC) food import policy 
(G/SPS/N/OMN/22 notified to the WTO on April 10, 2007) with respect to revision based on WTO member input and the implementation of the policy? 
Answer:
 
The revision on the policy is in progress in the light of WTO members' comments. The policy will 
be implemented in 2009. 
III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(viii) Government procuremen t; page 34, paragraph 53: 
The Secretariat Report notes that tender notices must  be published in well-spread local newspapers 
and in the Official Gazette for purchases of at least RO 500,000.  
4. What is the practice for publishing purchases that are less than RO 500,000? 
Answer:  
The same practice is applicable for publishing  purchases that are less than RO 500,000.  
III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(viii) Government procuremen t; page 34, paragraph 54: 
The Secretariat Report notes that the Sultani Decr ee No. 64/1984 and the Unified Rules provide for 
price preferences to products of domestic origin and to those originating from other GCC states.  WT/TPR/M/201/Add.1 
Page 72  
 
5. Please explain the steps Oman intends to take to  in order to open its government procurement 
market to other foreign suppliers.  
Answer:
 
Oman is not at present a party to the Agreement  on Government Procurement. As such, under the 
relevant GATT rule Oman can give preferences. It is  not obliged to provide national treatment. As 
and when Oman joins the GPA, it will abide by the relevant provisions and the terms and 
conditions of its accessions to the GPA.    
III. Trade Policies and Practices by Measure; (4  ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights: page 41, paragraph 85: 
According to the Secretariat Report, "The Government  may also authorize one of its agencies, in the 
public interest and against payment of fair compensati on, to exploit a patent without the consent of the 
patent owner, based on the same criteria. Such a decision may be appealed."  
6. The appeal lies to the Minister of Commerce and Industry who decided the case after 
considering all the circumstances and after hearing the parties if they request for a personal hearing Could Oman please provide further in formation on whether use within Oman is 
necessary for protection of non-registered indications? 
Answer:
 
The appeal lies to the Minister of Commerce and Industry who decides the case after considering 
all the circumstances and after hearing he parties if they request for a personal hearing. Appeal 
against Minister's decision lies with the Administrative Court. 
III. Trade Policies and Practices by Measure; (4 ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights: page 43, paragraph 91: 
Canada notes that in regards to Geographical I ndications (GIs), "Agricultural, industrial or 
handicraft products having a distinctive character istic or reputation attributable to their 
geographical origin are protected (the time frame for protection is unspecified), whether registered or not."  
7. Could Oman please provide further information on whether use within Oman is necessary for 
protection of non-registered indications? 
Answer:
 
Yes. III. Trade Policies and Practices by Measure; (4 ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights: page 43, paragraph 92: 
According to the Secretariat Re port, "According to Article 24 of Sultani Decree No. 82/2000 on 
Patents, any person who commits an offence shall be penalized by imprisonment for not more than 
two years and/or a fine." 
8. Canada would be grateful if Om an could provide more information as to what level of patent 
offence would be needed to justify imprisonment.  WT/TPR/M/201/Add.1 
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Answer:  
It would depend on a case- to-case basis considering  the gravity of the offenc e as determined by the 
court. 
III. Trade Policies and Practices by Measure; (4 ) Measures Affecting Production and Trade; 
(IV) Intellectual Property Rights; page 43, paragraph 94: 
The Secretariat Report states that, "Moreover, the MOCI conducts periodic raids on unlicensed 
distributors of pirated satellite signals in res ponse to industry complaints. Nonetheless, under-the-
counter sales of unauthorized software and DVDs ar e reported to persist in some locations."  
9. Could Oman please provide details on the results of these periodic raids?  
Answer:  
Raids are undertaken frequently and also on receipt  of specific information about violations. In 
2006, 2007 and 2008, the number of pirated videos and software seized was 26815, 11835 and 14201 pieces. 
IV. Trade Policies by Sector; (5) Services; (iii)  Telecommunications; page 67, paragraph 89: 
Paragraph 89 notes that the government of Oman intends to open competition in the fixed-line 
segment and end Omantel's monopoly.   
10. Could Oman please provide information on its  progress in opening competition in this 
segment as well as plans or timelines for moving forward? 
Answer:
 
A fully fledged fixed infrastructure based in cluding fixed wireless broadband service licenses are 
planned to be awarded by end of this year. Int ernational consultants have been appointed to assist 
TRA in the process of issuing these licenses and there after individual fix service licenses shall be 
opened for applications. 
IV. Trade Policies by Sector; (5) Services;  (v) Tourism; page 73, paragraph 115: 
According to the Secretariat Report, under the Fo reign Capital Investment Law, foreign investors 
may own up to 70% of total equity in the tourism subsector. This can be raised to 100% in the 
case of "strategic" projects. 
11. Canada notes, however, that Oman's schedule of  commitments maintains the level at 49%. Is 
the Government contemplating reflecting the hi gher limit of 70% in Oman's next services 
offer? 
Answer:  
Oman's WTO commitment in the tourism sector relates to hotels and restaurants. The foreign 
equity limit for hotels is already 70%, whereas for restaurants it is 49% because of the sensitivity of 
investment in restaurants. 
12. Also, what is meant to be captured by "strat egic" projects? What guidelines or criteria are 
used to determine what qualifies as a "strategic" project? Canada would be grateful if Oman could provide any examples of "strategic" projects. WT/TPR/M/201/Add.1 
Page 74  
 
Answer:
 
The Ministry of Tourism applies certain guidelines to  determine if the project can be considered as 
strategic. They include the following:  
• A new project idea and new concept wh ich better serves the long-term development 
objectives of the country.  
• Financial and know-how capabilities of the investor. 
• Feasibility study proves that the project is eco nomically and financially viable and meets 
the needs of the sector. 
Appendix Tables; Table AIV.2 - Summary of Oman's Specific Commitments in Services, 2008, 
page 95: 
With respect to tourism, the table identifies Hotels and restaurants among the sub-sectors where 
specific commitments have been taken. Howeve r, we note that Oman has taken commitments 
only in respect of specific sub-categories su ch as Hotel lodging services (CPC 64110), Motel 
lodging services (CPC 64120), and Food serving services (CPC 642).  
13. In respect of Other Lodging Services (CPC 6419) and Beverage Serving Services for 
consumption on the premises (CPC 643), are there any barriers to entry in these categories?  
Answer:  
With respect to tourism and related services, Oman has taken commitments in hotel and 
restaurants (CPC 64110, 64120, 642).as well as travel agencies and tour operations services 
(CPC7471). In case of other lodging services (CPC 6419) and beverage serving services for 
consumption on the premises (CPC 643) Oman  has not taken commitments in its accession 
package. 
HONG KONG, CHINA  
Registration and documentation  
(WT/TPR/S/201, P. 22, Para. 6) 1. We note from the Secretariat Report that all impor ts into Oman, except those of low pecuniary 
value and those intended for own use, must be  accompanied by, inter alia, a commercial invoice 
and a certificate of origin (if required) authenti cated by an Omani Consulate or representative in 
the country of origin. Besides, importers must be registered with the Commercial Registration 
Department under the Ministry of Commerce and Industry for a fee ranging from RO 33 to 
RO 1,500, are required to join the Oman Ch amber of Commerce and Industry, and pay an 
annual membership fee ranging from RO 33 to RO 6 25.  In addition, there is a municipality free 
of RO 25 to RO 100.  Since the formalities involved and the fees charged could have impeding effects on imports into Oman, we are interested to know if Oman has any plan to remove such import requirements. 
Answer:
 
These fees are related to commercial registra tion fees and not related to import fees.   WT/TPR/M/201/Add.1 
 Page 75 
 
 
Customs procedures and valuation  
(WT/TPR/S/201, P. 23, Para. 11) 
2. We note from the Secretariat Report that Oman is implementing the WTO Agreement on 
Customs Valuation and that it has yet to notify the WTO of its current legislation on customs 
valuation.  We also note from the Secretariat Report that Oman still maintains minimum import 
price on products such as tobacco and tobacco products.  We are interested to know Oman's 
timetable for full implementation of th e WTO Customs Valuation Agreement. 
Answer:  
Oman will be notifying its Customs Valuation shortly. There was some difference of opinion 
between the WTO team and Omani Customs Officials on the question of minimum price on 
tobacco and tobacco products. Omani customs officials do not think there is minimum price. We 
will discuss the issue with the customs valuation e xperts of the WTO to sort out this issue. There 
are no minimum prices on any other products. 
Contingency Measures  
(WT/TPR/S/201, P. vii, Para. 6; and P. 30, Para. 30) 3. According to the Secretariat Report, Oman has been reviewing and ame nding its laws, including 
those on contingency trade remedies.  The Re port also indicated that the implementing 
regulations concerning the contingency trade remedies under the GCC Treaty have not yet 
finalized.  Would Oman provide more details of  its review concerning the laws on contingency 
trade remedies?  Is it related to the implemen tation of the GCC Treaty?  And, is there a 
timetable for the finalization of the implemen ting regulations on contingency trade remedies? 
Answer: 
  
In accordance to the comments of  the specialized WTO committee re garding the short comings of 
some the article of the Trade Remedies Law of the GCC countries with the WTO Agreements on 
trade remedies, the GCC states formed a technica l committee to review and amend the law to bring 
it into conformity with the WTO agreements.  The study and the required amendments are expected 
to be completed and approved du ring the second half of 2008. 
Standards and technical requirements  
(WT/TPR/S/201, P. 32, Para. 36) 
4. We note that the Gulf Standards Organisation, together with national standardization bodies of 
the GCC, is in the process of establishing a Regional Conformity Assessment System (RCAS).  We are interested to know details of the RCA S and the target dates for the completion and 
implementation of the System. 
Answer:
 
The aim of the contemplated RCAS is to introdu ce harmonized Conformity Assessment Standards 
and Procedures and the Accreditation System based on International Standards and Practices, to 
be implemented by all the Member States of GC C, for better regional and international trade 
facilitation between GCC Member States and also between GCC and other countries 
internationally. The details are being worked out by high level technical committees represented by 
stakeholders and experts from the six GCC Member States.  WT/TPR/M/201/Add.1 
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Tourism Services
 
(WT/TPR/S/201, P. 73, Paras. 111 and 115) 
5. We note from the Secretariat Report that tourism is a key policy objective in Oman.  We also 
note that under Oman's Foreign Capital Investme nt Law, foreign investors may own up to 70% 
of total equity in the sector and this can be rais ed to 100% in case of "strategic" projects whereas 
with respect to Oman's GATS commitments, foreign equity for restaurants is limited to 49%.  
We would like to seek clarification from Oman  on the difference and would like to encourage 
Oman to narrow the gap between the commitm ents undertaken under the GATS and the more 
liberal de facto regime in its next offer. 
Answer:  
It is true that Oman's GATS commitment with respect to restaurants foreign equity is 49%. 
However, if we receive a request in the contex t of the DDA negotiations Oman will consider to 
negotiate. 
__________