RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/YEM/4 
29 September 2008 
 (08-4583) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Elements of a Draft Working Party Report  
 
 
 The attached Elements of a Draft Working Party Report on the Accession of Yemen to the World Trade Organization (WTO) has been prepar ed by the Secretariat, based on documentation 
under examination in the Working Party.  
 
_______________  WT/ACC/SPEC/YEM/4 
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  TABLE OF CONTENTS 
 
I. INTRODUCTION ................................................................................................................... .1 
DOCUMENTATION PROVIDED ......................................................................................................1  
INTRODUCTORY STATEMENTS....................................................................................................1  
II. ECONOMIC POLICIES..........................................................................................................2  
- Monetary and Fiscal Policy..................................................................................................... .2 
- Foreign Exchange and Payments ............................................................................................4  
- Investment Regime.............................................................................................................. ......5  
- State Ownership and Privatization .........................................................................................8  
- Pricing Policies ............................................................................................................... .........13  
- Competition Policy............................................................................................................. .....13  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................14  
- Powers of Executive, Legislative and Judicial Branches of Government ..........................14  
- Authority of Sub-Central Governments ...............................................................................16  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................16  
- Trading Rights ................................................................................................................. .......16  
A. IMPORT REGULATIONS....................................................................................................19  
- Ordinary cust oms duties ........................................................................................................ 19 
- Other duties and charges....................................................................................................... .20 
- Tariff rate quotas, tariff exemptions.....................................................................................20  
- Fees and charges for services rendered.................................................................................21  
- Application of internal taxes to imports ...............................................................................22  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............23  
- Customs valuation.............................................................................................................. .....28  
- Rules of origin ................................................................................................................ .........29  
- Other customs formalities ...................................................................................................... 31 
- Preshipment inspection ......................................................................................................... .31 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................32  
B. EXPORT REGULATIONS ...................................................................................................32  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........32  
- Export rest rictions ............................................................................................................ ......33  
- Export subsidies ............................................................................................................... .......33  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................35  
- Industrial policy, including subsidies....................................................................................35  WT/ACC/SPEC/YEM/4 
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  - Technical barriers to trade, standards and certification.....................................................36  
- Sanitary and phytosanitary measures...................................................................................40  
- Trade-related investment measures ......................................................................................42  
- Free zones, special economic areas........................................................................................42  
- Government procurement......................................................................................................43  
- Transit........................................................................................................................ ..............44  
- Agricultural policies.......................................................................................................... ......44  
(a) Imports........................................................................................................................ .............44  
(b) Exports........................................................................................................................ .............45  
(c) Internal policies.............................................................................................................. .........45  
- Textiles regime ................................................................................................................ ........46  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................46  
- GENERAL........................................................................................................................ .......46  
- Industrial property protection...............................................................................................46  
- Responsible agencies for policy formulation and implementation .....................................46  
- Participation in international intellectual property agreements ........................................47  
- Application of national and MFN treatment to foreign nationals......................................47  
- Fees and taxes................................................................................................................. .........47  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS ...........................................................................48  
- Copyright and related rights..................................................................................................4 8 
- Trademarks, including  service marks...................................................................................50  
- Geographical indications, including appellations of origin.................................................51  
- Industrial designs............................................................................................................. .......51  
- Patents........................................................................................................................ ..............52  
- Plant variety protection....................................................................................................... ...52 
- Layout designs of integrated circuits ....................................................................................53  
- Requirements on undisclosed information, including trade secrets and test data............53  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS......................................................................................................................... ..........53  
- ENFORCEMENT...................................................................................................................5 3 
- Civil judicial procedures and remedies.................................................................................53  
- Provisional measures ........................................................................................................... ...54 
- Administrative procedures and remedies.............................................................................55  
- Special border measures........................................................................................................ .55 
- Criminal procedures............................................................................................................ ...55  WT/ACC/SPEC/YEM/4 
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  VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................56  
VII. TRANSPARENCY .................................................................................................................60  
- Publication of information on trade......................................................................................60  
- Notifications.................................................................................................................. ...........60  
VIII.  TRADE AGREEMENTS .......................................................................................................61  
CONCLUSIONS .................................................................................................................... ..............61  
ANNEXES ........................................................................................................................ ....................62  
 
  WT/ACC/SPEC/YEM/4 
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  I. INTRODUCTION 
1. The Government of the Republic of Yeme n applied for accession to the World Trade 
Organization (WTO) in April 2000.  At its meeti ng on 17 July 2000, the General Council established 
a Working Party to examine the application of the Government of Yemen to accede to the World 
Trade Organization under Article XII of the Marrake sh Agreement establishing the WTO.  The terms 
of reference and the membership of the Working Party are reproduced in document 
WT/ACC/YEM/2/Rev.[8]. 
2. The Working Party met on 30 November 2004, 3 October 2005, 7 July 2006, 
2 November 2007, and […] under the Chairman ship of Mr. Hartmut Röben (Germany). 
DOCUMENTATION PROVIDED 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Yemen (WT/ACC/YEM/ 3), the questions submitted by Members on the 
foreign trade regime of Yemen, together with the replies thereto, and other information provided by 
the authorities of Yemen (WT/ACC/YEM/4 to 6, WT/ACC/YEM/7 and Revision 1, WT/ACC/YEM/8 and Revision 1, WT/ACC/YEM/9 and Revisions 1, 2 and 3, WT/ACC/YEM/10, WT/ACC/YEM/11 
and Revision 1, WT/ACC/YEM/12, WT/ACC/YEM/13 and Revisions 1 and 2, WT/ACC/YEM/14, 
WT/ACC/YEM/15 and Revision 1, WT/ACC/YEM/16, WT/ACC/YEM/17 and Revision 1, WT/ACC/YEM/18 to 19, WT/ACC/YEM/20 and A ddendum 1, WT/ACC/YEM/21 to 24, [...]), 
including the legislative texts and other documentation listed in Annex I.  
INTRODUCTORY STATEMENTS 
4. The representative of Yemen said that his Gove rnment was committed to Yemen's integration 
into the multilateral trading system, and its accession to the WTO as soon as possible.  Ongoing 
reforms complemented Yemen's WTO accession process, with trade liberalization a key component of the reforms.  Following on from a structural ad justment programme launched in 1995, Yemen had 
begun implementation of a poverty reduction progra mme with the assistance of the IMF, the World 
Bank and other development partners.  His Governme nt was also a beneficiary of the Integrated 
Framework initiative and looked forward to benef iting from trade-related technical assistance. 
5. He added that Yemen, as a least-developed c ountry (LDC), sought to benefit from all the 
special and differential provisions and the flexib ilities granted to LDCs, including the transitional 
periods and technical assistance foreseen in the WTO Agreements, and the General Council's 
Decision on Guidelines for LDCs Accession (WT/ L/508).  Customs valuation, sanitary and WT/ACC/SPEC/YEM/4 
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  phytosanitary measures, technical barriers to trad e, and intellectual property rights were areas in 
which his Government required particular  assistance and transitional periods.   
6. Members welcomed Yemen's application to join  the WTO and pledged to work constructively 
with Yemen to advance and conclude its accession on appropriate terms.  While appreciating the 
domestic reforms already undertaken, Members note d that further work w as needed to achieve 
compliance with WTO rules and disciplines.  Some Members indicated that they would continue to 
extend technical assistance to facilitate Yemen's ac cession to the WTO.  Yemen's status as an LDC 
was recognized, and in keeping with the guidelin es on LDC accessions, this would be a relevant 
factor in establishing Yemen's terms of accession.   
7. The Working Party reviewed the economic polic ies and foreign trade regime of Yemen and 
the possible terms of a draft Protocol of Accession to the WTO.  The views expressed by Members of 
the Working Party on the various aspects of Ye men's foreign trade regime, and on the terms and 
conditions of Yemen's accession to the WTO, are summarized below in paragraphs 8 to [..].   
II. ECONOMIC POLICIES 
- Monetary and Fiscal Policy 8. The representative of Yemen said that the Cent ral Bank of Yemen (CBY) was responsible for 
formulating and implementing monetary policy.  In this regard, the CBY's main objectives were to 
maintain price stability, to provide sufficient liqui dity to the economy, and to establish a stable 
financial system based on market principles.   
9. Law No. 14/2000 "On the Central Bank", La w No. 38/1998 "On Banks", Regulation 
No. 2/1997 "On Provisions and Procedures for Granting Licenses for Banking Activities" and Law 
No. 21/1996 "On Islamic Banks" regulated banki ng activities.  The CBY was responsible for 
monitoring and supervising the ba nking sector, and issuing licenses fo r banking activities.  Currently, 
the banking sector comprised nine Yemeni banks, f our branches of foreign banks and four joint 
venture banks. 
10. Reform and development of m onetary and credit policies focussed on reducing inflation; 
containing the growth of money supply; improving the banking system by easing restrictions on 
banking activities; maintaining macroeconomic stability  through low inflation, stability in exchange 
rates, and by building up foreign exchange reserv es; restructuring the public and mixed banking sector 
to stimulate savings, lending and investment; devel oping specialized financial institutions for exports, 
sectoral development, and introducing loans for ta rget groups (women, the poor, etc.); mobilizing  WT/ACC/SPEC/YEM/4 
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  domestic savings and increasing loans by banks a nd financial institutions to the private sector; 
minimizing the build-up of the Government's fo reign debt, particularly from non-concessional 
sources, and negotiating a new round of debt forgiv eness with the Paris Club; developing financial 
markets through a supportive legislative and institu tional environment; improvi ng the functioning of 
the treasury bills market; and enhanc ing the independence of the CBY.   
11. Efforts were ongoing to develop the monetary  policy and monetary system to maintain 
exchange rate stability and control inflation.  The Yemeni rial (YRl) had depreciated by less than 
2 per cent against the US dollar in 2006.  Inflation had been brought down from more than 57 per cent 
in 1995 to 8 per cent in 2000.  Since then, inflation had fluctuated year-on-year from a low of 4.3 per cent in 2004 to 22.4 per cent in 2005, before dropping to 16.4 per cent in 2006.  Interest rates 
had been stable over the same period with benchmark interest  earned on deposits pegged at 
13 per cent and lending rates ranging between 15 and 20 per cent.  The growth in broad money supply 
(M2) had ranged between 14.4 per cent in 2001 and 28.8 per cent in 2006.  The confidence in the national currency was rising, reflected in the declin e in the level of dollarization of the economy (from 
52.5 per cent in 2005 to 48.4 per cent in 2006).  
12. Yemen's fiscal policy aimed at stimulating economic growth.  GDP had grown from 
YRls 1,662 billion in 2001 to YRls 3,207 billion in 2005.  The non-oil sector had been expanding 
steadily during the period, at a pace of 4.5 to 5.5 per cent per year (in constant prices).  Government 
revenue, including aid and grants, had doubled from YRls 553.1 billion to YRls  1,121 billion between 
2001 and 2005.  Expenditure had kept pace with revenue growth and had expanded from YRls 506.7 
billion to nearly YRls 1,159 billion over the same period.   The budget had been in deficit in all years, 
except in 2001.  The ongoing reforms focussed on controlling the budget deficits by limiting the growth in current expenditure and financing defici ts from non-inflationary sources; restructuring the 
budget to increase outlays and i nvestment on infrastructure, educ ation and health; developing and 
diversifying the Government's re venue sources and tax base; impr oving tax laws and applying a 
simplified and transparent tax policy; eliminati ng discrimination against domestic production and 
exports in tax administration; and mobilizing domestic and foreign reso urces to finance public projects.  
Information on Government revenue is summarized in Table 1.  WT/ACC/SPEC/YEM/4 
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  Table 1:  Government Revenue  
 
Source:  Central Bank of Yemen.  
 
- Foreign Exchange and Payments 
13. The representative of Yemen said that the Centra l Bank, in consultation with the Government, 
formulated and implemented Yemen's foreign ex change regime and policies.  The CBY was 
responsible for simplifying payments procedures, working as a financial agent and advisor to the 
Government, and was the custodian and manager of Yemen's official reserves.   
14. The CBY was also responsible for issuing bank notes and coins.  The legal tender and national 
currency was the Yemeni rial (YRl).  Following  the abolition of a multi-exchange rate system 
in 1996, Yemen had adopted a floating foreign ex change regime.  In May 2007, the prevailing 
exchange rate was YRls 199 per US$1. 
15. Yemen had accepted the obligations of Article VIII of the Articles of Agreement of the 
International Monetary Fund in December 1996.  The CBY did not impose any restrictions on current 
transactions and guaranteed the re mittance of foreigners' earnings resulting from foreign transactions.  
Yemeni nationals or residents could also engage  in capital transactions such as foreign direct 
investment, trading in securities, foreign borrowing  or lending and maintain ing deposits abroad.   
16. As a result of debt rescheduling with the Paris Club, the foreign debt of Yemen had decreased 
from US$10.5 billion in 1995 to US$4.9 billion in 2000.  This foreign debt rescheduling, coupled with 
increased petroleum revenue, had relieved pressure  on the capital account and increased the current 
account surplus.  In 2005, the current account surplu s of YRls 122.5 billion had more than offset the 
capital account deficit of YRls 47.8 billion.  Yeme n's balance of payments had moved from a deficit 
of YRls 10.1 billion (2.8 per cent of GDP) in 1998 to a surplus of YRls 113.7 billion (3.9 per cent 
of GDP) in 2005.  With increasing oil prices, the merchandise trade balance had moved from a deficit of YRls 72.7 billion in 1995 to a surplus of nearly YRls 327 billion in 2005.  (Billions of Yemeni Rials) 
Items 2003 2004 2005 2006 
153 187 235 266 
 
64 73 89 100 
43 56 89 112 
42 52 52 36 Tax Revenue of which: 
Income Taxes Taxes on Goods and Services 
Custom Duties  
Other Taxes  4 5 6 17 
Non taxes  31 36 31 85 
Grants  8 16 14 1 
Oil Revenue 480 579 842 1,085 
Total Revenue and Grants  672  818 1,122 1,437  WT/ACC/SPEC/YEM/4 
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  17. In response to a query, the representative of Yemen said that a judicial order was required to 
freeze accounts in local or foreign currency.  A judicial order could be appealed and revoked if 
evidence for the revocation was provided.  
- Investment Regime 
18. The representative of Yemen said that the I nvestment Law No. 22/2002 regulated and 
encouraged foreign and domestic investment in almo st all sectors.  Excluded from the purview of the 
Investment Law were (i) activities considered contra ry to the Shari'a and banned in Yemen such as 
investments in casinos, night clubs, swine and pork pr oducts, and alcoholic beverages; (ii) investment 
in natural resources; (iii) manufacturing of weapons and explosive materials; (iv) industries harming 
the environment or health (his Government was comp iling a list of such industries); (v) investments in 
banks, exchange bureaus and financial companie s governed by the Law No. 38/1998 "On Banks", 
Law No. 21/1996 "On Islamic Banks", Law No. 14/2000 "On the Central Bank", Law No. 19/1995 
"On Financial Exchange", and as amended by Law No. 15/1996; (vi) investments in wholesale and 
retail trade regulated by Commercial Law No. 32/1991, as amended by Law No. 6/1998; 
(vii) investments in the telecommunications sector governed by the Wired and Wireless Telecommunications Law No. 38/1991; (viii) investme nts in the insurance sec tor regulated by Law 
No. 37/1992 "On Supervision and Monitoring of Insu rance Companies and Agents", as amended by 
Law No. 9/1997; and (ix) investments in free zones governed by the Free Zone Law No. 4/1993.   
19. The Investment Law contained no provision requi ring ownership in certain industries to be 
reserved for Yemeni nationals.  Foreign inv estors could establish firms or purchase existing 
enterprises from Yemeni owners in areas where fore ign investment was allowed.  However, Yemen's 
legislation limited foreign equity to 45 per cent in commercial banks, 20 per cent in Islamic banks, 
25 per cent in insurance companies, and 49 per cen t in wholesale and retail establishments.  The 
representative of Yemen considered it impractical to  attempt to draw up a definite list of activities 
considered contrary to Shari'a, but he assured th e Working Party that measures taken in accordance 
with Shari'a principles would be implemented in a non-discriminatory manner.  As for investment in 
natural resources (item (ii)), he noted that explor ation and extraction of oil and gas was governed by 
"Special Agreements" between his Government, repr esented by the Ministry of Oil and Minerals, and 
the petroleum companies in acco rdance with Article 18 of the Constitution.  The "Special 
Agreements" or "Production Sharing Agreements " covered hydrocarbon ex ploration concessions.  
These agreements were approved by the Council of  Ministers and subsequently forwarded to the 
House of Representatives (Parliament) for ratification and enactment into law.  Yemen applied such 
measures in a similar fashion to other countries ar ound the world and the agreements did not, in his WT/ACC/SPEC/YEM/4 
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  opinion, raise concerns under any WTO Agreement.  The exploration and extraction of minerals was 
regulated by the Mines and Quarries Law No. 24/2002.   
20. He added that the General Investment Author ity had been established in 1992, serving as a 
one-stop shop for investment.  The Authority pr ovided data requested by investors; streamlined 
procedures to initiate, expand, de velop and register investment projects in accordance with the 
Investment Law and by-laws; simplified procedures to establish investment companies and their branches; and simplified procedures to bring in fo reign expertise not available in Yemen.  The 
General Investment Authority considered the in vestment applications together with supporting 
documentation against criteria such as compliance with  applicable technical standards and disciplines; 
commitments to implement the project as per a pproved plans; and ensuring limited or no negative 
environmental impact.  Foreign and domestic inv estors were subject to the same registration 
procedures and requirements.  Applications were pr ocessed within 15 days.  More than 5,000 projects 
had been registered with the Authority between 1992 and 2004 (Table 2).   
Table 2:  Investment Projects Registered with  the General Investment Authority (1992 - 2004)
 
Sector  Number of enterprises 
Industrial  2,532 
Agricultural  503 
Fishery  138 
Services  1,186 
Tourism  679 
Total  5,038 
 
21. Guarantees and other benefits accorded to investment pursuant to the Investment Law 
included (i) non-discrimination and equality for Yemeni and foreign investors with respect to rights, 
obligations, rules and procedures; (ii) guarantees ag ainst nationalization of investment projects or 
confiscation by any decision other than a judicial  order; (iii) allowing all investors 100 per cent 
ownership of an investment project, including any real  estate associated with it; (iv) full freedom to 
manage the projects and export any resulting goods or services without limitations; (v) allowing 
insurance of investments against non-commercial risks at any international institution of which 
Yemen was a member; and (vi) free transfer of foreign currency in cash to or from Yemen, or re-export of the capital invested whether in kind or in  cash, in case of liquidation or disposal of the 
project.  In case of expropriation, foreign invest ors were entitled to the same compensation as that 
offered to domestic investors according to Article 5 of the Investment Law.  The Investment Law 
permitted investors to employ foreign nationals accordi ng to the needs identified in the project's list of 
requirements.  Non-Yemeni pers onnel could be granted three-year  renewable work permits and 
residence visas upon the recommendation of the General Investment Authority.    WT/ACC/SPEC/YEM/4 
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  22. The Investment Law also contained provisions for granting tax and import duty exemptions 
(Articles 18, 20, 21, 23 and 26).  All industries covere d by the Law could avail of the tax exemptions.  
The value of the fixed assets of the project should exceed YRls 50 million; except in agriculture and 
for small projects with at least 10 employees.  Incentives for tourist establishments and housing 
projects were contingent upon the hotel having no lower than a three star rating and the housing 
project having at least fifty housing units.  App lications for exemptions with supporting documents 
(the project's registration certificate and documents proving commercial registration and the start-up 
of production) had to be submitted within 90 days of commencing operations.  The General 
Investment Authority verified that the project fu lfilled the conditions to benefit from the incentives, 
and issued a tax exemption certificate within 60 da ys upon receipt of the application and supporting 
documentation.  The rights of the investor would not  be prejudiced in the unlik ely event that the issue 
of the tax exemption certificate was being delayed.   Tax and customs duty exemptions were granted 
for fixed assets included in the investment projects and inputs to fisheries, livestock and agricultural 
production.  A 50 per cent reduction in customs duties was available for inputs used in other sectors or 
projects.  Spare parts accounting for no more than 10 per cent of the fixed assets were exempted from 
customs duty.  Means of transport were duty exempt if  they formed an integral part of the investment 
(e.g. buses for tourism).  The duration of exempti ons from property taxes and fees, the income tax on 
dividends, the profit tax, fees a nd taxes on exports, etc. ranged fr om 7 to 16 years depending on the 
location of project, the percentage of Yemeni ownership in joint stock companies, and local content in 
the fixed assets.  To encourage investment in remo te areas an additional two-year tax exemption was 
granted to projects located outside a 20 to 25 kilo metre radius of the cities of Aden, Hodidah, 
Mukalla, Sana'a and Taiz.  Tax exemptions could be carried forward for up to three years for projects 
incurring losses.  The tax exemptions could also be applied proportionally in case of project expansions.  Profits from exports  were not taxed even after the exemption period had lapsed. 
23. Investments in joint stock companies were entitle d to an extra two-year tax exemption when 
at least 25 per cent of the equity was owned by Ye menis.  An additional two years of tax exemption 
could also be accorded to investments with a local component of not less than 25 per cent of the total 
fixed assets.  He added that the General Investment Authority could deny appl ications for duty and tax 
exemptions if equivalent fixed assets coul d be sourced locally (Article 18 (f)).  
24. Some Members noted that Yemen appeared to  apply investment incentives discriminating 
against foreign investors and contingent upon expo rt or the use of local content, reminding Yemen 
that the Agreement on Subsidies and Counterva iling Measures did not exempt LDCs from the 
prohibition of local content subsidies.  Yemen was urged to abolish such criteria from its investment 
incentives regime and to equalize the treatment of foreign and domestic investors.  In reply, the WT/ACC/SPEC/YEM/4 
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  representative of Yemen said that his Government was reviewing the Investment Law.  The 
investment incentives provided were ge neral in nature and not specifica lly targeted to any industry.  
He stressed the importance of encouraging the use of  local materials and equipment.  In his opinion, 
incentives were accorded to local and foreign inv estors without discrimination and in accordance with 
the flexibilities allowed for LDCs  within the WTO framework. 
25. Concerning the right of appeal of investment d ecisions, the representative of Yemen said that 
investors could submit objections in writing to th e President of the General Investment Authority 
within 30 days of the notification of the decision.  The appeal should be considered within 20 days of 
submission.  The appeal was considered accepted if  no reply had been received by the end of this 
period, and the relevant decision-making authority was accordingly expected to make the decision 
consistent with the investor's submission.  In case of rejection, the investor was entitled to appeal 
further to the Prime Minister, who would take a decision within 10 days, or to the Council of 
Ministers, which would decide on the matter with in 30 days.  Having exhausted the administrative 
channels of appeal, the investor could al so file an appeal with the courts.  
26. Investment disputes could be referred to arbitr ation by written agreement between the parties.  
The arbitrators' decisions had the same power and e ffect as rulings of Yemeni courts.  To settle a 
dispute with the Yemeni Government or State, an  investor could opt for arbitration under Yemeni 
rules and procedures or invoke the procedures of th e Unified Investment Agreement for Arab Capital 
Investment in Arab countries, the International C onvention for the Settlement of Investment Disputes 
between the State and the nationals of another Stat e, the commercial arbitration rules and procedures 
of the United Nations' International Law Committee; or any international or bilateral agreement to 
which Yemen was a signatory.  Yemen had conclude d bilateral investment treaties with Algeria, 
Austria, Belarus, Belgium, Bulg aria, China, Croatia, Djibouti, Egypt, Eritrea, Ethiopia, France, 
Germany, Hungary, India, Indonesia, Iran, Italy,  Jordan, People's Democrat ic Republic of Korea, 
Kuwait, Lebanon, Malaysia, Mauritania, Mongolia, Morocco, Netherlands, Oman, Pakistan, Qatar, 
Romania, Russia, South Africa, Sudan, Sweden, Syria, Tunisia, Turkey, Ukraine, United Arab 
Emirates and the United Kingdom.  Yemen was a me mber of the International Convention for the 
Settlement of Investment Disputes and the Islamic Corporation Agreement for Investment Guarantee 
and Export Credit.  However, Yemen was not a party to the Convention on the Recognition and 
Enforcement of Foreign Arbitral Awards.   
- State Ownership and Privatization 
27. The representative of Yemen said that State-owne d enterprises played a minimal role in the 
national economy.  Although data was scarce, he estimated that State-owned enterprises in the  WT/ACC/SPEC/YEM/4 
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  industrial sector accounted for approximately 1.2 per cent of the number of firms and around 
10 per cent of the output of the sector in 2005.   The operation of State-owned enterprises was 
governed by Law No. 35/1991 "On Public Authorities,  Corporations and Companies", as amended by 
Law No. 7/1997, or by the decrees establishing th ese enterprises.  The degree of State-ownership 
differed from one enterprise to another, as shown in Table 3.   
28. Asked whether the State-owned enterprises faced private sector competition, he said that the 
majority of them operated on free market principles.  However, monopolies had been established for 
fixed-line telephone services (the Public Te lecommunication Corporation), international 
telecommunication services (TeleYemen), electric ity production and distribution (the Public 
Electricity Corporation), and water and sewage (the  Public Corporation of Water and Sanitation).  
Yemen had no plans to break up the existing monopoli es, but would allow private sector participation 
gradually to ensure universal access to essential servi ces.  In this regard, public-private partnership 
had been introduced in the power sector with the private sector generating electricity for sale and 
distribution by the Public Electricity Corporation.   
29. The decree establishing a State-owned enterpri se stipulated the appointment mechanism for 
the members of the board.  As a general rule, the President or the Prime Minister would appoint the 
entire board for wholly-owned State enterprises.  In  part-owned enterprises with a majority State 
holding, the Council of Ministers approved the comp any's regulations and the President or Prime 
Minister appointed the chairman and the member s representing the Government as owner, while the 
private sector members were elected by the general a ssembly of the enterprise.  The formation of the 
Board of Directors and decision making in enterp rises with Government ownership of less than 
50 per cent was subject to the firm's Articles of Association.  These companies operated in a manner similar to private enterprises.  Questioned about th e corporate governance rules applied to wholly and 
partly-owned State enterprises - i.e. the type of d ecisions taken by the Board of Directors, how these 
decisions were made, whether written minutes were kept  of Board meetings and made available to the 
shareholders or the public, and whether State-owned enterprises issued annual reports available to the 
public - the representative of Yemen said that the Boards of Directors established the policies and 
objectives of the institutions; approved investment  plans; endorsed administrative and financial 
regulations; approved the annual fi nancial plan of the entity, the general budget, fiscal accounts and 
the annual inventory; decided on contracts regarding investments, loans and credits; appointed branch 
managers; and approved studies, recommendations, pr oposals and draft decisions for consideration of 
the Minister or the Prime Minister.  Decisions we re taken by majority voting, and minutes of the 
meetings and annual reports were  made available to the shareholder(s).  State-owned and 
State-controlled enterprises were subject to intern ational accounting standard s, and an independent WT/ACC/SPEC/YEM/4 
Page 10 
 
 
  audit was required by Yemeni law.  The enterprise s were also subject to the provisions governing 
bankruptcy in Articles 570-823 of Commercial Law No. 32/1991. 
30. Asked whether State-owned and State-controlle d enterprises were subject to Law No. 3/1997 
"On Government Bids, Tenders and Warehouses" and how these enterprises made purchases for 
operational purposes, he said that the Law excluded from the enforcement of its provisions units of 
the public sector "with productive nature" and unit s of the "mixed" sector in recognition of the 
commercial nature of their activities, and other le gislation governing the establishment and operations 
of such enterprises.   
31. As for privatization, the representative of Yemen said that privatization was carried out within 
the framework of his Government's economic reform programme, the national poverty reduction 
strategy, and economic needs.  Legislation related to privatization included the Decree No. 150/1994 
"On Privatization of Public Institutions"; Decree No. 8/1995 "On Regulatory and Executive 
Procedures for Privatization"; Republican Decree No. 399/1999; and Law No. 45/1999 "On Privatization".  The legislation had been adopted to regulate and streamline privatization procedures; 
limit or redefine the role of the State in the ma nagement of the economy; reduce the expenditure and 
increase the efficiency of State-owned enterprises; encourage private investment and ownership; and 
enhance the inflow of investment and advanced technology.  Local and foreign investors enjoyed 
equal opportunities to participate in the privatiza tion process.  Information on enterprises having been 
privatized, liquidated or undergoing  privatization is provided in Table 4.  None of these enterprises 
were bankrupt as defined in Articles 570-823 of the Commercial Law No. 32/1991.  Yemen had no 
fixed timetable for the completion of its privatization process.   
32. Privatization was carried out pursuant to Artic le 5 of Law No. 45/1999 by offering shares for 
public subscription; partial or complete sale to the employees; sale of assets or components; capital 
and operational partnershi ps; management contracts and leases; sale of State-owned shares in the 
mixed sector provided this did not contravene la ws or create monopolies; and denationalization or 
return of State-owned units to the previous owners.   
33. All privatizations involving either a partial or full transfer of ownership were subject to the 
Council of Ministers' approval.  The Supreme Committee for Privatization - chaired by the Prime Minister and comprising the Ministers involved in  privatization - together with the Technical 
Privatization Office (TPO) had been established to  ensure that privatization procedures were 
standardized, transparent, neutral and non-discrimin atory.  The TPO provided technical information 
and inputs (e.g. studies, proposals, design of pr ivatization programs, tendering procedures and 
contracts), and was the technical body servicing the Supreme Committee for Privatization.    WT/ACC/SPEC/YEM/4 
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  34. The functions of the Supreme Committee for Pr ivatization included (i) approving studies and 
proposals to assist decision-making and evaluation of  the privatization approach or methods under 
consideration; (ii) approving executive programs, documents and contracts drafted in accordance with 
the privatization procedures or methods specified in Article 5 of Law No. 45/1999.  These documents were submitted to the Council of Ministers for fi nal approval; (iii) appointing temporary members to 
the Executive Board of Directors in enterprises slated for privatization; (iv) addressing the financial, 
administrative and legal aspects of units being priv atized; (v) approving proposals for the liquidation, 
merger or division of units and branches, if th is was deemed necessary, and served economic or 
institutional interests; and (vi) approving designs of privatization programs prepared by the TPO, 
covering all phases of the privatization process from the preparatory phase to the final execution of 
the project.  He added that the tasks and functions of the Supreme Committee for Privatization were 
being modified in a draft amendment to the Law No. 45/1999.   
35. The representative of Yemen said that the TPO published announcements on privatization in 
"Althowrah" and "14
th of October" - two daily newspapers with  wide circulation in Yemen - to ensure 
transparency in the privatization process.  The la w allowed the publication process to include all mass 
media including the Internet.  The TPO provided leaflets describing the unit under privatization to 
potential investors.  The TPO also offered potential investors an opportunity to visit and inspect the 
enterprises to enable the investors to make appropriate bids. 
36. The representative of Yemen said that all St ate-owned enterprises operated on an equal 
footing with the private sector and on the basis of  market forces and principles.  In his view, no 
exclusive rights or privileges within the purview of Article XVII of the GATT 1994 were accorded to 
any enterprise.  Reminded that the obligations of Article XVII of the GATT 1994 applied to all 
State-owned or controlled enterprises regardless of  their privileged trading status, he confirmed 
Yemen's commitment to Article XVII of the GATT 1994.  
37. Responding to specific questions, he added that  the Yemen General Corporation for Oil and 
Gas (GCOG), owned by the Ministry of Oil and Natural Resources, was a State-owned holding 
company responsible for industry re gulation and all imports and exports of crude oil, natural gas and 
petroleum products.  In this respect, the holding co mpany and its affiliates - the Yemen Oil Company, 
the Yemeni Company for Distribution of Oil Deri vatives, the Aden Refinery Company, the Yemen 
Gas Company and the Yemen Refining Company - he ld exclusive rights in the exploration, 
distribution, refining, processing, marketing, im portation and exportation of oil, gas and refined 
petroleum.  The holding company was exempt from pa yment of all customs duties and taxes.  Trading 
in petroleum products was supervised to conserve an  exhaustible natural resour ce and to rationalize its WT/ACC/SPEC/YEM/4 
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  use.  Asked how the General Corporation could dete rmine the quantity of imports of crude oil and its 
derivatives in a transparent, objective and non- discriminatory manner when such goods were 
competing directly with the products of its affilia tes, the representative of Yemen said that the GCOG 
determined the quantity of crude oil and deri vatives required for domestic consumption through 
market research and in consultation with ot her institutions and Government bodies.  Local 
consumption of petroleum products was forecast annua lly on the basis of consumption in the previous 
year, adjusted for the estimated growth (5-10 pe r cent) in domestic demand.  The estimates were 
forwarded to the Aden Refinery Company, which su pplied up to 90 per cent of the petroleum products 
needed to satisfy domestic demand.  The balance was covered by the Marib refinery or through 
imports.  The imported quantity depended on the size of the estimated deficit and available storage 
capacity.  Domestic production was set to expand with  two privately-owned refineries in the pipeline.  
All petrol stations, private or State owned, pur chased petroleum products from the Yemeni Company 
for Distribution of Oil Derivatives.  Importation of  petrochemical products was handled by the private 
sector.   
38. Noting that the General Corporation in effect appeared to be controlling the importation of 
goods competing directly with the output of its aff iliates, a Member requested further information on 
how import needs were determined and the mech anism whereby imports were permitted.  This 
Member suggested that Yemen could consider creat ing a State-trading enterprise not affiliated with 
the General Corporation to set import quantities.  Yemen was also reminded that a GCOG affiliate 
being the sole distributor of derivatives to certain customers could constitute a State-trading enterprise 
for the goods involved, in which case Yemen shou ld explain how it ensured imported derivatives 
equal opportunity to compete with Yemeni derivatives. 
39. In reply, the representative of Yemen referred specifically to the importation of diesel and 
liquefied petroleum gas.  The private sector ha d no incentive to import these petroleum products as 
they were sold at prices below world market levels in Yemen.  As the two products were subsidized 
by the Treasury, the Ministry of Oil and Minerals  determined the imported quantities in consultation 
with the Ministry of Finance.  The Ministry th en assigned the respective GCOG affiliate to purchase 
and distribute the imports.  The decision on where to source the imports from were based on commercial considerations.  The private sector  imported non-subsidized petroleum products. 
40. Based on the available information, some Members considered the Yemen General 
Corporation for Oil and Gas a State-trading ente rprise in the meaning of Article XVII of the 
GATT 1994.  In response, the representative of Yemen agreed to notify the Yemen General 
Corporation for Oil and Gas as a State-trading enterprise upon accession.    WT/ACC/SPEC/YEM/4 
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  - Pricing Policies 
41. The representative of Yemen said that prices of goods and services supplied by the private 
sector were governed by market forces and not su bject to Government intervention.  For goods and 
services provided by State-owned enterprises, his Government determined the prices of oil 
derivatives, fixed telephone service s and public goods or essential ser vices such as water, sewage and 
electricity to accommodate the general public and, in particular, the poor and lower-income segments 
of the population.  The legal basis for the price controls on these items was the decree establishing 
each enterprise.  Some products were subsidized, not ably oil derivatives, while the prices of other 
products included a modest profit margin.  All cons umers paid the same prices for these products.   
42. His Government had reviewed the price regula tions on petroleum products with a view to 
further liberalization.  The prices of turbine aircra ft fuel and fuel oil had been liberalized.  In 
July 2005, Yemen had reduced the subsidies and br ought the administered prices more in line with 
international prices, raising the price (per litre) of petrol from 35 to 60 rial; diesel from 17 to 35 rial; 
kerosene from 16 to 40 rial; and LPG from 205 to 410 rial  per cylinder.  The new prices applied to all 
sectors and end users.  All other petroleum products we re sold at international market prices.  Crude 
oil had been exported at an average price of US$62. 93 per barrel in 2006.  Ye men's oil production had 
declined steadily from 160 million barrels in 2001 to 133 million barrels in 2006.  Local consumption 
of petroleum products had amounted to 5 million tonnes in 2006, and exports of oil had totalled 
63.6 million barrels.   
- Competition Policy 
43. The representative of Yemen said that Law No. 19/1999 "On Competition Promotion, 
Monopoly, and Commercial Deception Prevention" provided the legislative basis for promoting 
competition and preventing monopolistic behaviour a nd deceptive trade practices in Yemen.  The 
Law excluded from its scope provisional measures take n by the Council of Ministers in emergency or 
force majeure  instances; rights conferred through the prot ection of intellectual property; the activities 
of commercial enterprises linked to the Govern ment through valid concession agreements; State 
monopolies; commercial agencies; and franchising or li censing agreements with foreign producers.   
44. Law No. 19/1999 established a Government aut hority - the "Anti-Monopoly and Competition 
Protection Authority" - to define the policies and procedures needed to protect and encourage 
competition.  The Authority could intervene agains t monopolistic or anti-competitive behaviour in the 
form of monopolies; cartels; agreements limiting production, trade or competition in various forms; 
price fixing; collusion etc.  Individuals and enterprises could bring complaints against restrictive business practices to the Authority, which would investigate the claims.  Having established the WT/ACC/SPEC/YEM/4 
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  merits of a claim, the Authority would approach th e Ministry of Industry and Trade to hand over the 
matter to the general prosecutor for further inves tigation and action before the court against the 
perpetrator.  He added that a new law "On M onopoly and Anti-Competitive Behaviour" was expected 
to be enacted in 2008.   
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative and Judicial Branches of Government 45. The representative of Yemen said that the President was the Head of State in Yemen.  The 
President was elected for seven-year terms.  The President, toge ther with the Council of Ministers, 
exercised executive power in accord ance with the provisions of the Constitution.  The President 
endorsed the agreements falling within the jurisdicti on of the Council of Ministers.  In coordination 
with the Government, the President set out State policy and supervised the implementation of the 
Government's policies.   
46. The Council of Minister s was the highest executive and admi nistrative body.  Tasks carried out 
by the Council of Ministers included preparing th e Final Accounts Statements, the State Economic 
Plan, the annual public budget, and supervising the implementation of the annual budget.  The Council 
of Ministers was also responsible for drafting la ws, decrees, and a pproving treaties and agreements 
before submitting them to the House of Representatives or President for ratification and endorsement.   
47. The House of Representatives, whose 301 members were elected for six-year terms, was the 
legislative branch of the State.  Pursuant to the Constitution, all laws had to be enacted by the House 
of Representatives.  Members of the House of Representatives approved the Government's economic 
and social development plans, th e annual public budget, the Final Accounts Statemen ts, etc.  The 
President issued the decisions or decrees on treaties and agreements ratified by the House of Representatives.  In addition to the House of Re presentatives, the Shura (Consultative) Council had 
been established by Presidential Decree and comprise d 111 members.  Members of the Shura Council 
were appointed by the President and were neither  members of the House of Representatives nor local 
councils.  The Shura Council made recommendations and commissioned studies to assist the Government in drawing up its  development strategies.   
48. The judiciary was an independent, financia lly and administratively distinct power.  
Interference in legal proceedings  or any attempt to influence rulings was a criminal offence 
punishable by law.  Judges were nominated by th e Minister of Justice, approved by the Supreme 
Judge Council and appointed by Republican Decree.  Judges were required to meet the qualifications 
stipulated in the Judicial Authority Law No. 1/1990.  Courts were responsible for settling all disputes.   WT/ACC/SPEC/YEM/4 
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  As set out in the Judicial Authority Law, courts we re divided into Primary Courts, Courts of Appeal 
and the Supreme Court.  Furthermore, Repub lican Decree No. 378/1999 established Commercial 
Courts (primary level) and the Departments of Ap peal.  Commercial Courts were specialized courts 
handling claims and disputes of a commercial nature  while the Civil Courts had general jurisdiction 
on non-commercial disputes.  Judges at the Commerc ial Courts and the Commercial Department of 
Appeal were selected on the basis of expertise in commercial law and transactions.  Commercial Courts and Appellate Courts were located in Sana'a and in the cities of Aden, Taiz, Mukala and 
Hodieda.  The mandate of these courts extend ed to all the Governorates in Yemen.   
49. The Civil Procedure and Enforcement Law No. 40/2002 governed the filing, processing, 
adjudication, appeal and enforcement of civil a nd commercial cases.  Enforcement of civil cases was 
carried out through fines, detention, seizure, recei vership, etc.  Public authorities were obliged to 
assist in the enforcement of court rulings.  Crimin al cases were prosecuted in the Primary Courts and 
appealed in the Courts of Appeal as stipulated in Republican Decree Law No. 13/1994 "On Criminal 
Procedures".  Civil and criminal case rulings could be  appealed within 60 days of the court's decision 
through petitions for reconsider ation; and cassation through appeals in the Supreme Court.  The 
rulings of the Supreme Court were final.  The time required by a court to reach a final decision 
depended on the nature of the case; Article 243 of the Civil Procedure and Enforcement Law provided 
for expedited procedures in urgent cases.   
50. Arbitration was conducted in accordance with Republican Decree Law No. 22/1992 
"On Commercial Arbitration" and enforced in line with the procedures and provisions of the Civil 
Procedure and Enforcement Law.  The recourse to  arbitration could be stipulated in the written 
contract between the parties or be concluded in a separate written agreement.  The agreement to refer 
a matter to arbitration was binding, and implied that th e parties waived their right to resort to the court 
system.  The parties to the dispute chose the me mbers of the arbitration panel, which could hold 
hearings or seek expert opinions before issuing its decision in writing.  Arbitration decisions were 
binding and enforced by the courts pursuant to Article 58 of Decree Law No. 22/1992.  He added that 
Yemen was preparing a new Law "On Arbitration" based on the model law of the United Nations Commission on International Trade Law.   
51. In accordance with the Constitution, Yemen' s accession to international agreements or 
conventions required the endorsement of the Counc il of Ministers, approval in the House of 
Representatives, and Presidential ratification.  The President would ratify the agreement and issue a 
law or decree, which would be published in the O fficial Gazette.  The provi sions of international 
agreements approved by the House of Representatives and ratified and signed by the President were WT/ACC/SPEC/YEM/4 
Page 16 
 
 
  considered part of the domestic law.  His G overnment implemented th e ratified international 
agreements by deploying the same mechanisms a nd instruments available to implement domestic 
laws.  As outlined in the provisional legisla tive action plan (document WT/ACC/YEM/9 and its 
Revisions), domestic ratification of the WTO acces sion package was expected to take up to six 
months.   
52. The Ministry of Industry and Trade was respon sible for formulating and implementing Yemen's 
trade policies.  Other relevant Ministries and agen cies were the Ministry of  Planning and Development; 
the Ministry of Finance; the Customs Authority and Taxation Authority, supervised by the Ministry of 
Finance; the Central Bank of Yemen; the Ministry  of Agriculture and Irrigation; the Ministry of 
Fisheries; the Ministry of Tourism and Environment;  the Ministry of Communi cations; the Ministry of 
Public Health and Population; the Ministry of Soci al Affairs and Labour; the Ministry of Culture; and 
the Ministry of Transportati on and Maritime Affairs.   
- Authority of Sub-Central Governments 
53. The representative of Yemen said that the Lo cal Councils Law No. 4/2000 outlined the 
authority of the central Government to draw up general policies; formulat e rules and regulations; 
train, supervise and implement nation-wide project s; and, upon request, to implement projects local 
councils found difficult to execute.  He stated that  the central Government had full control and powers 
to implement the requirements of the WTO Agreem ents.  The central Government retained the 
authority to impose taxes, investment regulations, and the granting of benefits, and local authorities 
had no jurisdiction on these matters.  Sub-central au thorities did, however, have jurisdiction on land 
allocation and zoning decisions.   
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights 54. The representative of Yemen said that all natu ral or legal persons wishing to engage in 
importation were required to register with the Ge neral Directorate for Commercial Registration under 
the Ministry of Industry and Trade.  Decisi on No. 314/1996 outlined the commercial registration 
requirements for imports.  Exporters were also re quired to obtain a Commercial Registration Permit 
(Export Category) from the branches of the Ministry of Industry and Trade to engage in export activities.  The registration fee depended on the lega l form of the registered entity, i.e. individual 
merchant (YRls 15,000); joint stock company (YRl s 20,000); limited liability company or general 
partnership (YRls 15,000); limited partnership (YRls 10,000); and agency or branch of a foreign  WT/ACC/SPEC/YEM/4 
 Page 17 
 
 
  company (YRls 30,000).  The fee covered a period of  five years and re-registration was automatic 
upon payment of the same fees.   
55. In his view, the registration requirements fo r importation and exportation were simplified, 
inexpensive and a convenient regulatory require ment.  The registration procedures could be 
completed within one week.  For imports, the a pplication and supporting documents were submitted 
to the General Directorate for Commercial Registration, or to the Registration Departments at the Ministry of Industry and Trade's Governorate offi ces.  For individual traders or natural persons, 
supporting documents included a copy of their Yemeni  ID card or passport; proof of fixed premises in 
Yemen; and possession of a municipal commercial licence (a business licence not specifically related to importation and exportation).  Commercial compan ies (partnerships, limited  liability, joint stock 
companies, etc.) were required to submit a copy of their Articles of Association; and the 
memorandum of association (for joint stock companies) .  A Ministerial Decision on the registration of 
the firm was subsequently issued.  The Minister 's approval of the establishment of a firm for 
importation was obtained by submitting an application t ogether with copies of IDs or passports of the 
company's founders; a bank certificate declaring th e capital assets; and the firm's articles and 
memorandum of association.  He stressed that a trading company registered only once to practice all 
the activities described in its memorandum of associ ation and articles of association.  Renewal of 
commercial registration was automatic and did not require ministerial approval.  
56. Asked whether every business operating in Yemen needed registration and had its registration 
approved by a Minister, and whether Yemen ha d any intention to streamline its commercial 
registration procedures to make them less burdensom e for importers and investors, the representative 
of Yemen said that the establishment of a joint-stoc k company required a decr ee issued by the Prime 
Minister and, when the underwriting had been comp leted, a ministerial decree to allow the company 
to commence operation.  Limited liability compani es and closed-stock companies also needed to 
obtain a ministerial decree, while joint liability co mpanies and limited partnerships did not need a 
ministerial decree for commercial registration.   
57. Concerning the right to engage in importation or exportation, the representative of Yemen 
said that Yemeni nationals had the right to impor t for commercial use.  Although Yemen recognized 
the distinction between the right to import and the right to distribute goods, a non-resident entity was 
not permitted by law to register as an importer of re cord.  A foreign company wishing to engage in  
import operations would need to establish a Yeme ni company in which the foreign share did not 
exceed 49 per cent, or appoint an agent based in Yemen.  Foreign-owned enterprises established in 
Yemen had the right to import produc ts related to their activities.   WT/ACC/SPEC/YEM/4 
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  58. Several Members questioned Yemen's policy to r eserve importation for Yemeni nationals.  In 
addition, the requirement that an importer be a Yeme ni resident went against the fundamental right of 
the WTO to import goods without investing in a member country.  Article III of the GATT 1994 
required imported products to have access to the same channels of distribution as domestic like 
products with no requirements or c onditions imposed on such importation unless also applied to like 
domestic products.  Yemeni products appeared to be sold directly to consumers.  Article XI of the 
GATT 1994 conveyed upon natural and legal persons of any WTO Member the right to trade with any 
natural and legal person of any other WTO Memb er.  The practice of limiting importation and 
exportation rights to Yemeni natura l and legal persons explicitly di scriminated against natural and 
legal persons of other WTO Members, limited the competition in trade in goods, and created a 
de facto  quantitative restriction on trade.  The physi cal presence requirement appeared to be an 
onerous condition going beyond what was permitte d under GATT Article XI.  Yemen's policy would 
need to be altered to reflect Articles III and XI of  the GATT 1994.  Some Members also noted that the 
registration fees for importation and exportation did not  seem to reflect the costs of services rendered.  
Although the registration requirements were the same for all types of commercial companies, the fees 
were not identical, being highest for agencies or br anches of a foreign company.  Yemen was urged to 
bring its registration fees into conformity with Articles III and VIII of the GATT 1994 and set them to 
the level reflecting the services rendered regardless of  the nationality of the companies concerned.   
59. The representative of Yemen replied that me asures restricting the importation of goods to 
Yemeni nationals or companies established in Ye men were applied across-the-board to encourage 
Yemeni nationals and enterprises to  engage in economic activities.  In his view, physical presence was 
required to ensure the payment of taxes, complia nce with import regulations, consumer protection, 
and the provision of after-sale services in Yeme n.  However, his Government was reviewing its 
trading rights regime and the commitments to be undert aken in this area.  In this regard, Article 28 of 
the Commercial Law had been amended to eliminat e the 49 per cent cap on the foreign share in a 
trading enterprise and thereby allow foreigners to establish a trading company without a Yemeni 
partner.  As for the registration fees, his aut horities were revising the fees in 2008 to ensure 
conformity with WTO requirements.  The repres entative of Yemen presented an action plan in 
document WT/ACC/YEM/24 and requested a transition period (until 2012) and technical assistance to 
introduce legislation, institutions and mechanisms  to implement Yemen's commitments on trading 
rights.   
60.  [The representative of Yemen confirmed that  [from the date of accession], Yemen would 
grant any natural or legal person, dom estic or foreign, the right to be the importer of record of any 
product allowed to be imported into Yemen.  He also  confirmed that, [from the date of accession], full  WT/ACC/SPEC/YEM/4 
 Page 19 
 
 
  rights to trade would be granted in a non-discrimin atory and non-discretionary manner, and that any 
requirements for obtaining trading rights would be for customs and fiscal purposes only, and would 
not constitute a barrier to trade.]    
A. IMPORT REGULATIONS 
- Ordinary customs duties 
61. The representative of Yemen said that Yemen had liberalized trade unilaterally with tariff 
reduction and simplification a key component of  the trade reforms.  All tariffs were ad valorem  with a 
weighted average tariff rate of 10.5 per cent.  Customs duties were calculated on the c.i.f. import 
value.  In July 2005, Yemen had issued a new Ta riff Law No. 41/2005, reducing the numbers of tariff 
bands from four to three (5, 10 and 25 per cent).  Yemen applied seasonal tariffs on certain 
agricultural products, including apples, which were subject to an additional duty of 35 per cent 
between April and September.  Yemen was applyi ng the 2002 version of the Harmonized Commodity 
Description and Coding System (HS) pursuant to the Tariff Law No. 41/2005.   
Table 5:  Tariff Rate Distribution  
Tariff Rate 
(per cent) Number of Items (HS) Percentage of Items Share of Import Value 
(2006) 
0 82 1.4 13.2 
5 4,417 73.0 67.6 
10 1,285 21.2 17.3 
25 265 4.4 1.9 
Total 6,049 100 100 
Source:  Customs Authority of Yemen. 
62. The Tariff Council considered proposals to ame nd the tariff rates and made recommendations 
to the Cabinet.  Proposals approved by the Cabinet would be forwarded to the House of 
Representatives for ratification and enacted into law by the President.  Article 24 of the Investment 
Law No. 22/2002 allowed tariffs to be imposed or  increased to protect domestic production.   
63. Some Members stressed that Article 24 of the Investment Law providing for tariffs to be 
imposed or increased on imports competing with  domestic production relying on local inputs was 
WTO incompatible, and urged Yemen to abolish th is provision of the Law.  In response, the 
representative of Yemen said that Yemen had never app lied this provision thus far.  He confirmed that 
as a WTO Member, any future resort to this pr ovision would be within Yemen's bound rates and its 
obligations under Article II of the GATT 1994.   WT/ACC/SPEC/YEM/4 
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  [Yemen submitted an initial offer on goods in September 2005 and revised offers in June 2006 and 
July 2007.  The latest revised offer of August 20 08, with applied tariff rates, is available for 
consultation (see notice in docum ent WT/ACC/SPEC/YEM/3/Rev.3).]    
- Other duties and charges  
64. The representative of Yemen said that th e governorates collected YRls 10 per package 
arriving by land or sea, and YRls 20 per package at airports, to finance economic and social plans and 
projects.  In addition, consignments entering Yemen by air, land or sea were subject to a charge of YRls 1 per package for the benefit of the "Herita ge and Cultural Development Fund".  Yemen also 
levied YRls 1 per pack of imported cigarettes to fund the "Illiteracy Eradication and Adult Learning 
Agency".  Pursuant to Law No. 2/2002, YRls 100 wa s collected for each custom s declaration form as 
a contribution to the "Handicapped Care and Re habilitation Fund".  These charges are listed in 
Table 6.  He added that local producers, either directly or through the Taxation Authority, also contributed to these funds with the collections at the point of production.         
65. Some Members encouraged Yemen to bind its other duties and charges within the meaning 
of Article II:1(b) at zero upon accession.   
- Tariff rate quotas, tariff exemptions 
66. Some Members noted that Yemen did not appl y tariff rate quotas but sought to reserve the 
right to apply them to sensitive products, and request ed more specificity.  A Member urged Yemen to 
reconsider any notion of introducing tariff quotas on accession.   
67. The representative of Yemen replied that no d ecision to use tariff-rate quotas had been taken 
as yet.  Any future resort to such a system would conform to the relevant WTO provisions.   
68. The representative of Yemen said that the Qura 'an, bank notes, un-circulated coins (except 
gold coins), traveller's cheques, and serial numbe red stocks and bonds were exempt from custom 
duties.  Tariff exemptions were also provided in accordance with the Customs Law No. 14/1990 for 
(i) donations and contributions to the Governme nt, local councils, NGOs and social charity 
associations, subject to specific conditions and pro cedures; (ii) personal effects imported by members 
of diplomatic missions, in accordance with internatio nal agreements; (iii) trade samples; (iv) local and 
foreign investment projects, in accordance with the Investment Law No. 22/2002; (v) fishery and 
agricultural inputs, equipment, machinery, and sp are parts used in agri culture and fisheries; 
(vi) machinery, equipment, tools, materials and pr oducts imported by the Ministry of Agriculture and 
Irrigation for use in governmental infrastructure projects and rural development.  Customs duty  WT/ACC/SPEC/YEM/4 
 Page 21 
 
 
  exemptions could be provided for projects relate d to general agricultural services, subsistence 
farmers, and agricultural cooperatives; and (v ii) products imported un der agreements with 
international organizations and bi lateral donors.  The Yemen General Corporation of Oil and Gas was 
also granted full exemption from custom duties and taxes.   
69. A Member sought further detail on the agricultural and fisheries projects exempt from 
customs duties, how exemptions were applied, and whether they were made contingent in any way on 
domestic production or exports.   
70. The representative of Yemen said that tariff exem ptions were provided for machinery, tools, 
materials, and inputs used by associations and coope ratives supervised by the Ministry of Agriculture 
and Irrigation and the Ministry of Fisheries, as we ll as to investment projects in these areas.  The 
exemptions were granted without  precondition based on domestic pr oduction or exportation and were, 
in his view, in conformity with WTO Agreements.   
- Fees and charges for services rendered 
71. The representative of Yemen provided information on fees and charges for services rendered 
on imports (Table 7), notably for (i) customs declarat ions; (ii) publication fees for customs declaration 
forms, overtime forms, and forms for the customs processing of vehicles; (iii) overtime fees; (iv) 
warehousing; (v) quarantine services; (vi) veterinary  certificates; (vii) laboratory examinations; (viii) 
conformity assessment certificates; (ix) import pe rmits for various goods; and (x) miscellaneous 
service charges.   
72. Some Members noted that many of the fees charged by Yemen were either ad valorem  or 
weight- or quantity-based in a manner that did not re flect the cost of services provided.  In particular, 
Yemen was asked to explain how the ad valorem  fees for quarantine services on imported dog and cat 
food, and drugs, vaccines and antiseptics used in an imal feedstock (1 per cent); goods in warehouses 
(3 per cent); and the import licence fees for explos ives and fireworks, pesticides, drugs and medical 
appliances, were related to the cost of the services provided.  An explanation was also sought for the 
wide differences in fees to issue assessment certificates for "goods subject to accredited standards" (YRls 10,000-200,000), and why import licenses for ci nema films and video films and cassettes cost 
twice as much as import licenses for publications, stationery, audio tapes and CDs.  A Member 
considered high fees for goods in warehouses and the service fees for handling parcels to be non-tariff 
barriers, and requested Yemen to consider consolid ating or eliminating these fees.  Another Member 
noted that Article 25 of the Investment Law indicated that higher fees and charges applied to imported WT/ACC/SPEC/YEM/4 
Page 22 
 
 
  goods comparable to locally-produced goods, th an to other goods.  This requirement was 
WTO-incompatible and Yemen was urged to abolish it.   
73. The representative of Yemen replied that the cu rrent fees for quarantine services covered the 
costs of processing applications, port inspection and examination, and the issue of permits and relevant documents.  The amount of  work required to issue assessment certificates could vary 
significantly depending on the nature and size of th e imported consignments.  The import permit fees 
for books and printed materials had been reduced to  serve public policy objectives.  He said that the 
fees for goods in warehouses covered customs servic es, including sorting, inventory, supervision and 
late payment of due fees; and the service fees for pa rcels covered the costs of the services provided in 
customs yards or warehouses.  He added that Yeme n was in the process of revising its import permit 
fees and other fees and charges to approximate th e costs of the services rendered and to ensure 
conformity with WTO requirements.   
74. A Member requested further details on the specific steps Yemen was taking to bring its fee 
structure in line with WTO obligations.  A request  for a transition period should be accompanied by 
an action plan outlining the precise steps and tim e periods needed for staged implementation.  
75. [The representative of Yemen confirmed that [within three years] from the date of accession, 
any fees or charges imposed on or in connection with importation would be  applied in accordance 
with the provisions of the WTO Agreement, in  particular with Article VIII of the GATT 1994.] 
- Application of internal taxes to imports 
76. The representative of Yemen said that domes tically-produced and imported goods and 
services were subject to the same rate of genera l sales tax applied pursuant to the Law No. 19/2001 
"On the General Sales Tax", as amended by Law No. 42/2005.  Most goods and services were taxed at 
the general rate of 5 per cent with some exceptions  and deviations (Table 8).  Exported goods and 
services were zero-rated.  Yemen had not established any Value Added Tax (VAT) system.  He also provided an indicative list of fees applicable to both imported and locally-produced goods (Table 9).  
In his view, no discrimination existed between lik e domestic and imported goods for the purposes of 
internal taxation.  WT/ACC/SPEC/YEM/4 
 Page 23 
 
 
  Table 8:  General Sales Tax  
General rate of 5 per cent.  Goods  and Services subject to other rates: 
No. Description Tax (per cent) 
1. Cigarettes of all types 90* 
2. Cigars  90 
3. Qat 20* 
4. Arms and ammunitions 90 
5. Valuable metals of gold and ordinary gold coated metals:   
 (a) half manufactured  2 
 (b) Jewellery, goldsmithery and other manufactured items  3 
6. Mobile telephone services  10 
7. International telephone services  10 
* Denotes tax as a percentage of consumer sale price. 
 
Goods exempt from General Sales Tax pu rsuant to Article 40 of the Law: 
No. Description 
1. Wheat and wheat flour 
2. Rice 
3. Medicines 
4. Ore gold 
5. Personal effects of travellers coming from abroad 
6. Paper money and circulated coins 
 
Services exempted from General Sales Ta x pursuant to Articl e 40 of the Law: 
No. Description 
1. Financial and banking services  
2. Insurance services 
3. Health services 
4. Educational services of all types  
5. All not-for-profit services carried out by NGOs, so cieties and organizations recognized by competent 
authorities  
6. Internal land transport services, namely: good transport services (except speed carrier services); 
passenger transport services; and highway maintenance services. 
7. Services of renting, operation or exploitation of land and real estate for private housing purposes. 
8. Water services (except mineral and bo ttled  water), sewage  and electricity  
9. House and street cleaning service; environment services, viz. combating pollution and collection of 
waste and garbage  
10. Historical monuments reparation services 
11. Pilgrims' services (pilgri mage and Omra agencies)  
12. One star hotels and below services  
 
77. Asked whether taxes were applied differently  on imported products depending on origin, the 
representative of Yemen said that all products were treated equally irrespective of origin.  Goods 
imported from countries that had bilateral or regiona l trade agreements with Yemen were subject to 
the same internal taxes as imports from any other source.   
- Quantitative import restrictions, including prohibitions, quotas and licensing systems  
78. The representative of Yemen said that imports were prohibited or restricted for 
environmental, health, national security and religi ous reasons, i.e. if considered contrary to WT/ACC/SPEC/YEM/4 
Page 24 
 
 
  Shari'a Law.  Products subject to import prohibitions are listed in Table 10.  In his view, these import 
prohibitions were consistent with Articles XX a nd XXI of the GATT 1994.  Yemen also prohibited 
the importation of coffee and mango, and maintained seasonal restrictions on potatoes (other than 
seed potatoes), tomatoes, lettuce and chicory, citrus fr uit, grapes, melons and papayas (Table 11).  The 
seasonal restrictions consisted of periods when im portation was prohibited, and "allowed" periods 
when the goods were subject to an additional duty of  35 per cent over and above the ordinary tariff of 
25 per cent.  He added that the import ban on coffee and mango and the seasonal restrictions on 
agricultural products were under review and woul d conform with WTO rules from the date of 
accession. 
Table 11:  Seasonal Import Restrictions  
H.S Code Item Prohibition Periods 
0701.90 Potato: other than seeds January - September 
0702.00 Tomatoes, fresh or chilled January - March, May - November 
07.05 Lettuce, etc. March - November 
07.06 Carrots, turnip, etc. December -August 
08.05 Citrus fruit fresh or dried  
0805.10 Oranges October - April 
0805.20 Mandarins, etc. October - April 
0805.50 Lemons, etc. April - September 
08.06 Grapes, fresh or dried May - December 
08.07 Melons (including watermelons) 
and papaws (papayas), fresh January - September  
 
79. Some Members considered the list of import prohibitions to be unduly lengthy and urged 
Yemen to consider other less restrictive means to  achieve the desired objectives.  Information was 
sought on comparable restrictions, if any, on the domestic production a nd consumption of goods 
prohibited to import.  Noting the import prohibitions affecting certain types of motor vehicles and 
accessories, Yemen was requested to explain the pur pose of these restrictions and provide the legal 
citation banning the domestic sale of these items.  In  response, the representative of Yemen said that 
local production of goods prohibited to import was not permitted.  His Government had updated the 
list of import prohibitions and reduced it to the exte nt possible (Table 10).  Most of the listed goods 
were prohibited in accordance with international conventions, i.e. the Vienna Convention on the 
Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone 
Layer; the Convention on International Trade in Endangered Species of Wild Fauna and Flora; the 
Stockholm Convention on Persiste nt Organic Pollutants; the Rotterdam Convention on the Prior 
Informed Consent Procedure on Certain Hazardous Ch emicals and Pesticides in International Trade; 
and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.  Cars with tinted glass were prohi bited to import for safety and security reasons, and  WT/ACC/SPEC/YEM/4 
 Page 25 
 
 
  the other prohibitions affecting motor vehicles and accessories were road safety and public security 
measures applied pursuant to Law No. 41/2005 on "C ustoms Tariff".  The domestic sale of vehicles 
that had already entered the Yemeni mark et prior to the import ban was allowed. 
80. Import licensing had been abolished through Law No. 16/1996 "On Foreign Trade".  
However, he acknowledged that several Government  agencies issued permits and approvals or 
performed technical clearance in a manner resembli ng an automatic licensing procedure.  Technical 
clearance required an application in special form(s ) or format, clearance was granted within three to 
seven working days, applications could not be refu sed for minor documentation or procedural errors, 
and clearance could be obtained for a product even if  it arrived in separate consignments.  Existing 
legislation did not extend an opportunity for ot her countries to comment on new procedures, but 
Yemen would consider the introduction of such provis ions.  Information on goods subject to technical 
clearance is provided in Table 12.  
Table 12:  Imports Subject to Technical Clearance  
Item Responsible Agency 
Plants  and plant products, seeds, seedlings, 
fertilizers, pesticides and live animals. Ministry of Agriculture and Irrigation 
Explosives and fireworks. Ministry of Interior 
Artistic and literary works.  Ministry of Culture  
Magazines and newspapers. Ministry of Information 
Medicines, medical appliances, narcotic drugs, 
psychotropic substances, precursors and chemicals. Supreme Authority for Drugs and Medical 
Equipment (SADME) 
 
81. A Member requested an exhaustive explanation of  the legal basis and the criteria, including 
lists of all documents to be submitted and qualifi cation requirements for the applicant/importer, for 
the technical clearance of seeds and fertilizer, pl ants, explosives and fireworks, books, newspapers, 
audiovisual and artistic works, and drugs and medical equipment.   
82. In response, the representative of Yemen pr ovided information on import licensing 
procedures in document WT/ACC/YEM/20 and its Addendum  1.  According to this information, the 
import permits for plants and plant products, includi ng seeds, fruits and vegetables were administered 
pursuant to Law No. 32/1999 "On Plant Quarantine" and Regulation No. 54/2001.  The permits were 
granted by the Ministry of Agriculture and Irrigatio n (i.e. the General Department for Plant Protection 
upon submission of an application and with the approval of the General Department for Plant 
Production for the importation of plants and seeds; an d the General Department for Marketing for the 
importation of all plant products, including fruits a nd vegetables).  Import consignments had to be 
accompanied with documents indicating the terms an d specifications (based on international standards 
and consistent with the terms stipulated in the technical permit), a plant health or seed inspection WT/ACC/SPEC/YEM/4 
Page 26 
 
 
  analysis certificate, certificate of origin, invoi ces and any other relevant documents issued by 
specialized international agencies.  Permits for pl ants and plant products, including seeds, fruits and 
vegetables were valid for three mont hs and could be extended for an additional three months.  Permits 
for imported animals, birds, poultry, animal produc ts and animal health and production appliances 
were administered pursuant to Law No. 17/2004 "On Animal Resources Regulation and Protection" 
and the implementing Decree No. 1/2006.  The permits  were granted by the Ministry of Agriculture 
and Irrigation (General Department for ِAnimal Resources) upon submission of an application 
together with a pro-forma invoice.  Import consi gnments needed to be accompanied by a veterinary 
certificate, a certificate of origin and a quality co nformity certificate from the country of origin.  
Permits for animal resources were valid for 21 days  from the date of issue and could be used for a 
single shipment only.  Import permits for fer tilizers were granted pursuant to Law No. 20/1998 
"On Seeds and Plant Fertilizers" upon submission of a written request together with an inspection 
analysis certificate, certificate of origin and invoi ces.  The Ministry of Agriculture and Irrigation 
(General Department for Plant Protection) undertook the technical clearance of pesticides pursuant to 
Law No. 25/1999 "On Organizing the Circulation of Plant Pesticides" and Regulation No. 10/2002.  
The volume of imported pesticides was fixed annually to  avoid the build up of stocks and any risk to 
plant, animal or human health and to the environmen t.  Permits for fertilizers were valid for 3 months 
and could be extended an additional three mont hs, while the permits for pesticides were 
non-renewable and issued for six months.  Technical  clearance to import fertilizers and pesticides was 
granted only to Yemeni nationals. 
83. Clearance to import explosives for developmen t projects and fireworks was granted through 
the Ministry of Interior to resident natural persons or legal entities pursuant to Law No. 40/1992 "On Regulation of Carrying and Tr ading of Arms and Ammunitions" and its Regulation No. 1/1994.  
The import permit served to prevent accidents and safeguard public safety and security.  Applications 
were received only from persons with  proven experience to deal with explosives, against payment of a 
permit fee, as well as a medical certificate and a deposit in a Yemeni bank as surety or guarantee to 
ensure the usage of the explosives and fireworks as prescribed in the permit.  Applications could be 
refused to those having handled explosives previously  without a permit.  Permits were valid for one 
year, and renewable. However, Article 40 of La w No. 40/1992 permitted the licensing authority to 
cancel, amend or suspend granted permits without notice or justification.    
84. Import permits for medicines and medical equi pment were regulated by Republican Decree 
No. 231/1999 "On Reorganizing the Supreme Board for Drugs and Medical Appliances" and the 
Cabinet's Decree No. 333/
 2004 "On the Regulation for Manufacturing and Trading in Drugs and 
Medical Appliances and the Like".  Law No. 3/1993 "On Combating Illicit Trade and Use of Narcotic  WT/ACC/SPEC/YEM/4 
 Page 27 
 
 
  Drugs and Psychotropic Substances" and internati onal conventions (i.e. the Single Convention on 
Narcotic Drugs; the Convention on Psychotropic S ubstances; and the UN Convention against Illicit 
Traffic in Narcotic Drugs and Psychotropic Substan ces) provided the legal basis for import permits on 
narcotic drugs, psychotropic substances and precurs ors and chemicals.  For the importation of drugs 
and medical equipment, the importer needed to (i) be registered with the Supreme Board for Drugs and Medical Appliances, which issued the import permit; (ii) be an agent for a drug or medical 
equipment company; (iii) be a full time pharmacist  or hire a full time pharmacist as a technical 
supervisor; (iv) register with the commercial regist rar; and (v) maintain a store in good condition for 
the storage of the drugs and medical equipment.  Only Government health agencies and Yemeni 
private entities registered with the Board were gran ted technical clearance to import pharmaceuticals 
and medical equipment.  He provided deta ils concerning the registration process in 
WT/ACC/YEM/10 (page 26).  
85. Applications for a permit to import artistic a nd literary works or magazines and newspapers 
were submitted to the Ministry of Culture and th e Ministry of Information, respectively.  In 
accordance with the Press and Publications La w No. 25/1990, Republican Decree No. 49/1993 
(magazines and newspapers) and Republican D ecree No. 6/1994 (literary and artistic works), 
applications were only accepted from Yemeni nati onals, and required a copy of the commercial 
registration, personal ID and a ddress, and a document indicating the approval of the publication or 
distribution company.  Foreign individuals residing in Yemen could import publications and artistic works for personal use, but not for commercial pur poses.  Foreign companies legally established or 
operating in Yemen, and licensed for importation, could import these items as inputs in their 
production processes or for commercial sale after obtai ning technical clearance.  The purpose of the 
permit was to collect statistical information, prev ent forgery or unauthorized use or distribution of 
creative works, and to ensure that only perm itted magazines and news papers were imported by 
approved agents.  Products violati ng Islamic values, public order, security and public morals were 
denied clearance.  Permits were valid for one year from the date of issue and could be renewed with 
an application attached to the original permit.   
86. Some Members noted that only Yemeni nationals  could be granted the technical clearance 
needed to import medicines, medical equipmen t, fertilizers, pesticides, books, newspapers, 
audiovisual and other artistic or literary works, and asked how this restriction could be in conformity 
with Articles III and XI of the GATT 1994.  Yemen was urged to equalize the treatment of foreign 
and Yemeni nationals in accordance with WTO requ irements.  In reply, the representative of Yemen 
referred to the general requirement to reserve importation for Yemeni nationals or enterprises WT/ACC/SPEC/YEM/4 
Page 28 
 
 
  established in Yemen, and requested a transition peri od to bring the regime in conformity with WTO 
requirements (see "Trading Rights").     
87. The representative of Yemen included information on import permit fees in Table 7.  As 
noted in the table, fees were expressed in specifi c amounts for many types of goods (plants, seeds, 
fertilizers, artistic and literary works) and in ad valorem  terms for pesticides (0.2 per cent), explosives 
and fireworks (2 per cent), drugs and medical app liances (1 per cent).  He added that Yemen was 
revising the fees to ensure conformity with WTO requirements, in particular Article VIII of the 
GATT 1994. 
88. The representative of Yemen said that Yemen would comply with the WTO Agreement on 
Import Licensing Procedures, including the notifica tion requirements, upon accession.  He added that 
if the need for an import licensing regime arose in  the future, the regime would be implemented in 
accordance with the WTO Agreements.   
- Customs valuation 
89. The representative of Yemen said that Yemen's valuation system was based on the Brussels 
Definition of Value in accordance with the Cu stoms Law No. 14/1990 and its amendments.  The 
existing system allowed importers, upon request, to  obtain a detailed written explanation on how the 
valuation of goods had been undertaken.  The Custom s Law also provided importers with the right to 
appeal valuation decisions.  Disputes could be reso lved by a panel of two experts - one representing 
the Customs Authority, the other the importer - if so  agreed by the parties.  However, if the two 
experts were unable to settle the issue, the dis pute would be referred to a three-member committee 
consisting of a permanent commiss ioner appointed by the Minister of Finance, one member 
representing the Customs Authority, and one member  appointed by the Chamber of Commerce and 
Industry.  The three-member committee 's decision was final and binding.   
90. A Member reminded Yemen that Article 11:2 of the Agreement on the Implementation of 
Article VII of the GATT 1994 (Customs Valuation Agre ement) provided importers the right to appeal 
administration determinations to an independent judicial authority, and a committee comprising 
representatives of the Ministry of Finance and the cu stoms authority was not an independent judicial 
body.  Yemen was urged to amend the Customs Law to  make the right of appeal consistent with the 
requirements of the Agreement.   
91. Some Members noted that Yemen was considering amendments to its customs legislation, 
and having examined an Explanatory Memorandum of the draft Customs Law, a Member pointed out 
that Yemen foresaw to include a representativ e of the Chamber of Commerce in a committee  WT/ACC/SPEC/YEM/4 
 Page 29 
 
 
  reviewing customs determinations, and that the incl usion of a non-Government representative in such 
a committee would violate the WTO requirement to pr otect confidential information (Article 10 of the 
Agreement).  Yemen was urged to amend the dr aft to limit representation in the committee to 
Government officials.  A Member was also concer ned that the timelines laid down in Article 231 of 
the draft law would not provide sufficient time for importers to prepare appeals.   
92. The representative of Yemen replied that th e draft Customs Law was being reviewed to 
conform to the provisions of the Customs Valuation Agreement.  As outlined in the customs valuation 
action plan (document WT/ACC/YEM/19), the updating of customs legislation, including enactment 
of implementing regulations in accordance with WTO requirements, was due to be completed by 2009.  Yemen was requesting technical assistance  and a transitional period to comply fully with 
the Customs Valuation Agreement.  He noted that according to the work programme outlined in the 
action plan, efforts to implement the agreemen t - with technical assistance - would continue 
through 2013.   
93. Noting that Yemen was planning to establis h a value database, a Member reminded Yemen 
that value databases were to be  used as a risk assessment tool and not as a substitute value for 
imported goods or as a mechanism to establish minimum values.  While supportive of Yemen's 
eligibility to seek a transition period for the impl ementation of the Customs Valuation Agreement, 
some Members were disappointed with the long timefra me foreseen by Yemen, particularly given the 
amount of work already accomplished and the substa ntial assistance being made available to Yemen 
to strengthen its customs valuation framework.  These Members encouraged Yemen to seek out all 
technical assistance needed and take full advantag e of the resources put at Yemen's disposal, and 
invited Yemen to provide interested Members oppo rtunities to review draf t legislati on and submit 
comments and suggestions.   
94. In reply, the representative of Yemen submitte d a copy of the draft amendments to the 
Customs Law.  He said that the value database would serve only as a  reference for guidance among 
other tools to establish import values.  He reaffirm ed his Government's commitment to implement the 
Customs Valuation Agreement with a transition peri od and the provision of technical assistance.   
- Rules of origin 
95. The representative of Yemen said that, in accord ance with the Customs Law No. 14/1990, the 
"origin" of goods was the country of production, and the "source" of goods was the country from which the goods had been imported directly.  Goods  imported from a country other than the country 
of origin were subject to the tari ffs applicable to the country of origin or the country of source, WT/ACC/SPEC/YEM/4 
Page 30 
 
 
  whichever was higher.  He added that the applicab le tariff rates did not influence or determine the 
origin of goods.   
96. As per the Customs Law, the substantial tr ansformation criterion (i.e. change of tariff 
heading) applied to manufactured goods.  The origin  of goods manufactured in more than one country 
was determined on the basis of the value added.  In  this context, the Minister of Finance Resolution 
No. 356/1990 established the country of manufacture as the country of origin when the degree of 
manufacturing or the value of labour and material inputs amounted to not less than 40 per cent of the 
total cost of production.   
97. A certificate of origin, or a commercial i nvoice endorsed by the Chamber of Commerce and 
specifying the place of origin of goods, was require d for all products imported into Yemen.  However, 
this requirement was waived for (i) personal postal p ackages; (ii) advertising materials and samples of 
goods of no commercial value; (iii)  personal luggage and other bel ongings brought by tourists or 
travellers for personal use and within permitted limits; (iv) pe rsonal luggage, furniture and home 
appliances imported by Yemeni expatriates, with in permitted limits; (v) books, newspapers, 
magazines, periodicals and catalogues; (vi) waste fr om anchored, sunk, or wrecked ships present in 
Yemeni territorial waters; (vii) grants, donati ons, presents and assistance received by Yemen; 
(viii) goods imported by Embassies, High Commissions  and Foreign Consulates for official use, and 
on a reciprocal agreement basis; and (ix) goods import ed by members of the diplomatic corps, or by 
foreigners working in Yemen for personal use and within permitted limits, on a reciprocal agreement 
basis.  He added that the authority of the Mini ster of Finance to exempt certain items from the 
certificate of origin requirements was not discretionary.   
98. Yemen had no detailed rules of origin for non-pr eferential trade.  Provisions on preferential 
rules of origin were contained in Yemen's prefer ential agreements with Saudi Arabia and Iraq.  
Preferential treatment required a minimum of 40 per cent of local value added in the goods imported under these agreements.   
99. Asked to elaborate on Article 35 (b) of Yemen' s Customs Law regarding the clarifications 
issued by the League of Arab States, the repres entative of Yemen said that as Arabic was not an 
official language of the World Customs Organization (WCO), clarifications issued by the League of 
Arab States were unofficial translations of documents  circulated by the WCO with respect to customs 
classification and the Harmonized System.  Such tr anslations were publicly available.  On the 
treatment of the European Community (EC) as one entity for origin purposes, he stated that the EC 
could be considered as one entity unless an individua l Member State had been identified for the origin 
of the goods.    WT/ACC/SPEC/YEM/4 
 Page 31 
 
 
  100. A Member invited Yemen to identify provisions in its legislation providing interested parties 
a determination of a good's origin prior to impor tation as required by Article 2(h) and Annex II, 
paragraph 3 (d) of the Agreement on Rules of Origin .  Yemen was also asked to clarify provisions in 
the Customs Law concerning the right to appeal adve rse decisions regarding the origin of an imported 
good.  A Member also requested an explanation for a provision in the draft Customs Law (Article 28) 
regarding the tariff treatment of imported goods.   
101. The representative of Yemen confirmed that Ye men did not have rules corresponding to the 
requirements of Article 2 (h) and pa ragraph 3 (d) of Annex II of the Agreement at present.  As for the 
right of appeal, he pointed to the provision in  the existing Customs Law (Article 76) allowing 
disagreements to be decided by a two-member pane l or, in case of continued disagreement, to refer 
the matter to a three-member committee, whose deci sion would be final and binding.  He added that 
Yemen was reviewing the draft Customs Law to en sure compliance with the Agreement on Rules of 
Origin from the date of accession.   
- Other customs formalities 
102. The representative of Yemen said that his Government, in co-operation with the IMF, had 
facilitated and simplified customs clearance procedur es for imports.  An electronic automated system 
(ASYCUDA) had been set up at the Customs Authority  Headquarters, Sana'a International Airport, 
Al-Hudaida Seaport and Haradh Landport.  As a resu lt, time taken for customs clearance had been 
reduced considerably.   
103. In lieu of a certificate of origin, customs declarations could be accompanied by a commercial 
invoice, specifying the place of origin of the goods, and endorsed by the Chamber of Commerce or any other body accepted by the Customs Authority.  This endorsement verified the origin of the 
imported good.  A Yemeni or Arab Consulate Mission, present in the country or city from which the 
goods were exported, could endorse such invoices. 
104. He added that imported goods were released  upon examination of accompanying documents 
and payment of the applicable duties.  In case the documents were delayed, an importer could secure 
release of the goods against payment of the duties pr oposed by the Customs Au thority.  The decision 
would subsequently be verified upon arrival of the documents.  
- Preshipment inspection 
105. The representative of Yemen said that Yemeni importers could resort to preshipment 
inspection, but on a private basis and at their ow n initiative.  No Government-mandated preshipment WT/ACC/SPEC/YEM/4 
Page 32 
 
 
  inspection regime existed in Yemen.  Any such  system introduced in the future would be 
implemented in compliance with the WTO Agreement on Preshipment Inspection.   
- Anti-dumping, countervailing duties, safeguard regimes 
106. The representative of Yemen said that his Government had not resorted to anti-dumping, 
countervailing, or safeguard meas ures on imports due to lack of infrastructure and necessary 
mechanisms, including WTO-consistent trade remedy  legislation.  Although Articles 12 and 13 of the 
Customs Law No. 14/1990 provided for the introducti on of "compensating duties" on subsidized or 
dumped imports, and authorized his Government to adopt "appropriate measures" against "harmful 
measures" inimical to the interests of the Yeme ni economy, these provisions had never been used.  
Yemen planned to introduce a new Law "On Safe guards and National Production Protection from 
Impact of Harmful International Trade Practices" by 2009.  Yemen would also consider establishing 
administrative institutions with appropriately trained staff.   
107. The representative of Yemen confirmed that  Yemen would not a pply any anti-dumping, 
countervailing or safeguard measure until it had no tified and implemented appropriate laws and 
regulations in conformity with the provisions of the WTO Agreements on the Implementation of 
Article VI, on Subsidies and Countervailing Measures,  and on Safeguards.  In the elaboration of any 
legislation concerning such anti-dumping, count ervailing and safeguard measures Yemen would 
ensure their full conformity with the relevant WTO provisions, including Articles VI and XIX of the 
GATT 1994 and the Agreements on the Implementati on of Article VI, the Agreement on Subsidies 
and Countervailing Measures and the Agreement on Safeguards.  After such legislation was 
implemented, Yemen would also only apply a ny anti-dumping duties, countervailing duties and 
safeguard measures in full conformity with the relevant WTO provisions.  The Working Party took 
note of these commitments. 
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
108. The representative of Yemen said that Yemen did not levy export duties or taxes.  However, 
as indicated in the list of duties, charges or f ees, circulated in document WT/ACC/YEM/11/Rev.1, 
Yemen applied fees and charges on certain exports, including an ad valorem  permit fee of 0.2 per cent 
on exports of pesticides (Table 13).   
109. A Member noted that several export fees were ad valorem  or weight- or quantity-based, and 
did not appear to correspond to the costs of servic es provided.  Yemen was requested to bring all its  WT/ACC/SPEC/YEM/4 
 Page 33 
 
 
  fees and charges in compliance with WTO rules.  In  response, he said that Yemen was in the process 
of revising its fees and charges.  From the date of accession, the fees would approximate the costs so 
as to ensure conformity with WTO requirements, in particular Article VIII of the GATT 1994.   
- Export restrictions 
110. The representative of Yemen said that exports we re not subject to quantitative restrictions, 
nor did Yemen apply any voluntary export restrictio ns, orderly marketing arrangements, or minimum 
export price requirements.  However, an e xport permit was issued for pesticides and technical 
clearance was required from the competent author ities for the exportation of (i) fish and marine 
products; (ii) ingots, coins, gold, silver, platinum, jewels and precious stones inspected by the Yemeni 
Standardizations and Metrology Organization (YSMO), who issued a certificate of conformity; and 
(iii) antiquities and items of historical value (approval of the Ministry of Culture).  The technical clearance of exports of fish and marine produc ts aimed at regulating and enforcing safety and 
inspection measures, and maintaining the reputation of Yemeni fish and marine products in export 
markets.  The technical clearance from the Ministry  of Fisheries was granted automatically after the 
appropriate sanitary certificate had been issued.   
111. Yemen was a signatory to the CITES Agreement and prohibited the export of endangered plants 
and animal species.  Certain rare birds, flora, faun a and exhaustible materials we re also subject to export 
bans.  Export of charcoal was not permitted to preven t desertification and mass felling of trees.  Goods 
subject to export bans are listed in Table 14.   
Table 14:  Products Subject to Export Ban
 
Item Reasons for Export Ban Measures Taken to Achieve the Purpose 
Charcoal Desertification and conservation of 
the environment  Charcoal is not licensed to exit across customs 
entry points 
Rare Birds and 
Animals Extinction  Rare birds and an imals are not licensed to exit 
across customs entry points 
 
- Export subsidies 
112. The representative of Yemen said that Ye men provided no export subsidies or export 
financing schemes at present.  No benefits were  linked to export performance.  No specific export 
promotion plans had been formulated.  Republi can Decree No. 127/1997 had established a Supreme 
Council for Export Promotion (SCEP) to promote Ye meni exports.  A Technical Office serviced and 
served as the secretariat for the SCEP.  The tasks of the SCEP and the Technical Office are detailed in WT/ACC/YEM/23 (pages 10-11).  The SCEP studied potential foreign markets, organized trade 
missions and trade fairs, and provided informa tion to domestic and foreign exporters.  Studies on WT/ACC/SPEC/YEM/4 
Page 34 
 
 
  Yemen's neighbouring markets, commissioned by the SCEP, would be an input in his Government's 
future export policies.  The SCEP did not provide any type of financial support to export-oriented 
enterprises at present.       
113. An import duty drawback scheme had been cr eated through the Customs Law No. 14/1990.  
Provisions on duty drawback were also included in  the amendments currently considered to the 
Customs Law.  The duty drawback scheme allowed fo r partial or complete refund of import duties on 
raw materials and inputs used in the production of th e exported final product.  The application of this 
scheme was based on actual costs, and the refund could never exceed the amount of duties actually 
paid.  Requests for duty drawback were ev aluated by a technical committee comprising 
representatives of the Customs Authority, the Mini stry of Industry and Trade, the Ministry of 
Agriculture, or the General Investment Authorit y.  The applicant specified and documented the 
quantity of raw materials imported throughout the year and the amount of fees and duties paid, and 
the technical committee conducted field visits to veri fy the percentage of imported materials used in 
the exported product.  The committee prepared a detailed report, supported by invoices and import 
records, to ensure that the duty drawback applie d only to the imported inputs used in the exported 
goods.  In his opinion, the import duty drawback schem e was operated in a manner consistent with the 
guidelines outlined in Annex II of the Agreem ent on Subsidies and Countervailing Measures 
(ASCM).   
114. A Member noted that Yemen's investment legi slation included export- contingent and import-
substitution subsidies.  Custom duty and tax exemp tions were provided to export oriented projects 
pursuant to Article 26 of the Investment Law No. 22/2002.  The benefits included exemption from all 
fees and taxes levied on exports; recovery of cust oms duties paid on imported inputs used in exports; 
and exemption from profit tax on export earnings.  Yemen was asked to explain how these incentives would be consistent with Article 3.1 (a) of the AS CM.  Yemen was also asked to confirm that its duty 
and tax incentives on fixed assets were consistent wi th Annexes II and III of the ASCM, specifically 
that the qualifying inputs were consumed in th e production of the exported product.  The 
representative of Yemen replied that, in his opini on, Yemen did not operate any subsidy programmes 
that were inconsistent with the WTO Agreements.  Yemen would be exempt from the obligations of 
Article 3.1 (a) of the ASCM by virtue of  Article 27.2 of the same Agreement.   
115. The representative of Yemen stated that any export promotion programmes introduced by 
Yemen, as an LDC, would be fully consistent w ith WTO provisions.  His Government reserved the 
right to avail itself of all provisions of the Agreement of Subsidies and Countervailing Measures, in particular Article 27 of this Agreement.    WT/ACC/SPEC/YEM/4 
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  C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies 116. The representative of Yemen said that the industrial sector had a potentially important role to 
play in economic development and generation of employment.  Yemen had not developed a full-
fledged industrial policy, but had identified some  general objectives to encourage and develop the 
industrial sector.  These objectives included the deve lopment of infrastructure needed for industry; 
encouraging local and foreign investment in the industrial sector; the development of natural gas 
reserves for electricity generation; diversifying Yemen's economic and industrial base; establishing 
industrial projects within and outside free zones,  including small and medium-sized enterprises 
(SMEs); and establishing industrial zones operating on a build-operate-transfer (BOT) or other basis.  
Yemen, as an LDC, intended to avail itself of bot h local content and export performance requirements 
in the industrial zones, should such measures be needed for Yemen's industrial development.   
117. Yemen was also considering revising its legisl ation on investment and industrial activities; 
simplifying export procedures; enhancing the invest ment climate; and promoting Yemen's SMEs and 
handicrafts.  He added that Yemen was seeking assist ance to develop its infrastructure and strengthen 
the production base in manufacturing, mining and traditional handicraft.   
118. The representative of Yemen said that no subsidies were geared specifically towards 
industrial activities or exports at present.  Howe ver, his Government was examining options to 
promote the industrial sector in conformity with the provisions of the WTO Agreements.  Custom 
duty and tax exemptions were provided to investor s in Yemen pursuant to Articles 20 and 21 of the 
Investment Law No. 22/2002.  In response to a sp ecific query, he said that Yemen failed to see any 
connection between Article 24 of the Investme nt Law and Article 3.1 (b) of the ASCM. 
119. Having reviewed the investment legislation, a Member noted that Yemen's investment 
incentives included subsidies contingent upon export  and the use of domestic over imported goods.  
Noting Yemen's reference to the special and diff erential provisions of the ASCM, the Member 
nevertheless encouraged Yemen to revise its legisl ation to eliminate any prohibited subsidies as 
defined in Article 3 of the Agreement as soon as possible, as Yemen's ability to apply such measures 
within WTO rules would expire once it was no l onger recognized as an LDC.  If Yemen could not 
eliminate such measures from the date of accession, an action plan should be proposed for the gradual 
elimination of the prohibited subsidies by a certain  date, e.g. 31 December 2015.  Yemen was asked to 
identify any subsidies based on local content, an d confirm that it would notify to the WTO all 
subsidies, prohibited or otherwise, in accordance wi th Article 25 of the Agreement, and thus provide 
data on the form, amount, purpose, duration and trade effects of the subsidies.  A Member reminded WT/ACC/SPEC/YEM/4 
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  Yemen that the Agreement on Subsidies and C ountervailing Measures exempted LDCs from the 
prohibition of export subsidies, but not from the pr ohibition of local content subsidies.  Yemen was 
therefore urged not to resort to local content subs idies in its industrial zones or should it decide 
otherwise to specify a transition period to phase out these subsidies.   
120. In reply, the representative of Yemen stressed that the investment incentives granted pursuant 
to the Investment Law were genera l in nature and did not target any specific industry or enterprise.  
The subsidies accordingly lacked the specificity that would require them to be notified under 
Article 25 of the ASCM.  He confirmed his Govern ment's intention to notify any subsidy programmes 
introduced in the future, including any local content subsidies, and to apply all WTO provisions, including Article 27 of the ASCM.  He also not ed the decisions of the Sixth WTO Ministerial 
Conference in favour of LDCs.     
- Technical barriers to trade, standards and certification  
121. The representative of Yemen said that Yemen was a member of the International 
Standardization Organization (ISO), the Basle Convention and some regional organizations.  
International standards, recommendations and guidelines served as a basis for the preparation and application of national standards, technical re gulations and conformity assessment procedures.  
Yemen also used standards issued by the Gulf St andardization Authority as the basis for technical 
regulations.  The Gulf standards adopted by Ye men were based on international standards.   
122. Law No. 44/1999 "On Standardization, Metrology and Quality Control", together with its 
by-laws, had established the procedures for the pr eparation, adoption and application of standards, 
technical regulations and conformity assessment pro cedures.  In his view, and as highlighted in the 
TBT checklists (documents WT/ACC/ YEM/5 and 22), the principles of the Agreement on Technical 
Barriers to Trade (TBT Agreement) were covered in the existing legislation.  However, full compliance 
with the TBT Agreement would require  technical and financial assistan ce and an appropriate transition 
period.  He presented an action plan for the implementation of the TBT Agreement in document 
WT/ACC/YEM/15, and elaborated on priorities and specific needs for technical assistance in document 
WT/ACC/YEM/16.   
123. Pursuant to Republican Decree No. 52/2000,  the Yemeni Standardization and Metrology 
Organization (YSMO), a Government body, had been created as a focal point on TBT matters.  The 
YSMO was responsible for the prepar ation, adoption and appl ication of standards, technical regulations 
and conformity assessment procedures .  The YSMO circulated notifica tions, responded to enquiries, and 
provided related documents or information.  The YSMO also published ne wsletters and organized  WT/ACC/SPEC/YEM/4 
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  seminars to generate awareness on standards and related activities.  The Board of Directors of the 
YSMO consisted of representatives from the Ministri es of Industry and Trade, Finance, Information, 
Agriculture, Public Works, Higher Education, the Supreme Authority for Medicine, the Federation of 
Chambers of Commerce and Industry, the Genera l Authority for Environment Protection, and 
representatives of the YSMO.   
124. The YSMO ensured intra-governmental coordina tion and cooperation in the development of 
standards, technical regulations and conformity assessment procedures.  The YSMO Board of 
Directors determined whether a technical regulation or standard or conformity assessment procedure 
was needed in consultation with other competent en tities, such as the Ministry of Agriculture, the 
Ministry of Public Works, and the Ministry of Pu blic Health and Population.  Specialized national 
committees, sub-divided in main committees, s ub-committees and technical committees, had been 
created to prepare draft standards or norms.  The YSMO circulated draft standards to the competent 
entities within the Government and to the private sect or, universities, scientific centres etc. for review 
and comment.  If no comments were received with in two months, the drafts were considered 
acceptable and approved.  Entities pr oviding comments were invited to meet with the technical 
committee and the main committee, where their co mments would be duly considered.  The revised 
draft standard was forwarded to the Follow-Up Depart ment (Directorate of Specifications) within the 
YSMO for finalization.  The final draft was submitted  to the YSMO's Board of Directors for approval.  
Concerning comments from foreign interested partie s and their consideration while finalizing draft 
measures, he added that no comments had been received from foreign entities so far, and comments 
received in the future would be treated in accordance with the TBT Agreement.  
125. Domestic products, including goods destined for export, required a certif icate of conformity 
issued by the YSMO.  The purpose was to ensure th e quality of locally-produ ced and exported products, 
and to enhance the competitiveness of Yemeni products in foreign markets.  The YSMO took samples from the consignment and performed tests to de termine whether the product met the applicable 
standards.  The exporter was notified in writing if  the sample did not meet the standards, and a 
compliance certificate could not be issued.  Cer tificates issued by the YSMO were recognized for 
domestic products only.  For goods imported into Yemen, certificates accompanying the shipment were recognized if issued by an accredited laborator y in the country of origin.  Products requiring a 
certificate of conformity are listed in Table 15.  Im porters and domestic manufac turers were subject to 
the same requirements.  The specific requirements th at the products were expected to conform to were 
those issued by the ISO, IEC, ISO/IEC, Codex Alimentarius Commission and Yemeni requirements 
concerning health, consumer safety and the environment.  The measure was not trade-restrictive, in 
his opinion, as the purpose for mandating certification of these products was prevention of deceptive WT/ACC/SPEC/YEM/4 
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  practices and to ensure conformity with internatio nally accepted technical regulations and standards.  
He added that the objective of the conformity asse ssment procedures - as de scribed in the relevant 
Yemeni regulations - varied with the nature of the product and its effect on health, safety and the 
environment.  Concerning the selection of products subject to conformity as sessment, he said that 
domestic capacity to undertake the necessary inspec tion procedures determined the product coverage 
under the "International Conformity Certification Program".  Lack of adherence to standards or technical regulations also necessi tated inspection and conformity as sessment of products.  The YSMO 
published the list of products subject to conformity  assessment and would ma ke available, for public 
comment, any proposed changes to this product list. 
126. The Yemeni Quality Mark, an optional mark, coul d be sought by and gran ted to domestic or 
foreign producers in accordance with the proc ess outlined in Decision No. 27/2006 "On By-Law of 
Granting Yemeni Quality Mark".   
127. Asked whether Yemen would accept without furthe r testing the product certifications of bodies 
accredited with the International Laboratory Accred itation Corporation and In ternational Federation of 
Inspection Agencies, the representative of Yemen st ressed the principle of  mutual recognition and 
requested technical assistance in the area of accreditation.  The conformity assessment system, 
including the accreditation of laboratories and the implementation of mutual recognition agreements, 
would be developed further over th e period 2007-2012.  YSMO intended to recognize the international 
ISO/IEC17025 standard, i.e. genera l requirements for the co mpetence of standard ization, testing and 
inspection laboratories.  Laboratories based in other countries were eligible for recognition in Yemen if 
considered technically competen t and meeting the required c onditions (i.e. IS O/IEC17025).   
128. He stated that Yemen did not discriminate between domestic and imported products when 
standards, technical regulations and conformity assessment procedures were developed and applied.  
For domestic production, technical regulations were  enforced through inspections of factories, 
businesses, or warehouses.  Decision No. 2/2003 of the Minister of Industry and Trade 
"On Regulations of Conformity Assessment of G oods and Enterprises to Accredited Standards" set 
the fees for issuing certificates of conformity (Tab les 7 and 13).  Inspection fees levied pursuant to 
Ministerial Decision No. 11/2004 "On the Regulation of Inspection Fees and Costs for YSMO Laboratories" on domestic and imported products were non-discriminatory and commensurate to the 
cost of the services rendered.   
129. He added that an Information Centre and webs ite (www.ysmoqco.com) had been developed by 
the YSMO for the publication of information on standards, technical regulations and conformity assessment procedures.  Draft technical regulations were posted online and the website was being  WT/ACC/SPEC/YEM/4 
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  improved to make draft conformi ty assessment procedur es available for review and comment.  
Approved technical regulations a nd conformity assessment procedures entered into force immediately 
upon publication of the decision in the three o fficial newspapers.  A pproved measures were 
subsequently reproduced in the "Specifications" maga zine published three times a year by the YSMO.  
The framework for making draft standards, technical regulations and conformity assessment procedures available for public review and comment would be strengthened.  In this context, the 
transparency requirements of the Code of Good Pr actice (Annex 3 of the TBT Agreement) would be 
covered by replacing By-Law No. 22/2001 with a new By-Law "On Regulation of Standards 
Preparation Procedures".  The Information Centre of  the YSMO would serve as the TBT Enquiry Point 
(Decision No. 10/2004 "On Esta blishment of the TBT Enquiry Point").  The regulations related to the 
enquiry point were in preparation.  A special divisi on within the enquiry point would be responsible for 
TBT notifications.  The Information Ce ntre would coordinate with the re levant ministries and bodies to 
discharge its functions.  The action plan envisaged the enquiry point and notification authority to be 
fully operational by 2007-2008.     
130. A Member asked whether any harmonized rules or principles governed the development of 
regulations by individual ministries, and whether an executive body would review standards, technical 
regulations and conformity assessment procedures of the various bodies to ensure these were not 
duplicative, unnecessary, outdated or otherwise not in line with the principles of good regulatory practice.  Noting the role of the YSMO in intr a-governmental coordination, Yemen was asked to 
elaborate on the setting-up of a national mechanism for coordination between relevant agencies and 
the technical assistance needed for this purpose.  In reply, the representative of Yemen said that a 
national mechanism was required to coordinate and avoid overlap or duplication in the updating and 
revision of the relevant laws, regulations and procedures.  Th e national coordination mechanism 
would also serve to liase with the private sector, civi l society, media, science and research centres etc.  
To establish the mechanism, Yemen requested t echnical experts, training, awareness generation 
activities, and building the necessary infrastructure.   
131. Although generally not supportive of transition peri ods for acceding countries to implement the 
TBT Agreement, a Member nevertheless recognized that Yemen, as an LDC, could seek transition 
periods.  However, this Member found Yemen's requ est for a seven-year transition period difficult to 
reconcile as Yemen had already indicated that th e principles of the TBT Agreement were covered by 
existing legislation; had established mechanisms for inter-ministerial coordination in the development 
of standards, technical regulations and conform ity assessment procedures, and to publicize and 
receive comments on drafts; and was in the process of establishing its enquiry point.  This Member 
reminded Yemen that the development of additional technical regulations and conformity assessment WT/ACC/SPEC/YEM/4 
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  procedures was not a condition of WTO compliance, but  such strengthening of Yemen's infrastructure 
should be viewed as an ongoing interest and target for additional assistance. 
132. In response, the representative of Yemen reaffirmed his Gove rnment's commitment to fully 
implement the TBT Agreement with a transition period.   He presented a revise d action plan (document 
WT/ACC/YEM/15/Rev.1) covering the period 2007-2012.  As per the revised action plan, Yemen 
would review and update  the relevant laws, decrees, regulations  and procedures; establish an enquiry 
point, with a special division for notifications, and further develop the websit e created to meet the 
transparency provisions of the TBT Agreement; set-up a national mechanism for coordination between  
relevant agencies; continue to implement and develo p standards, technical re gulations and conformity 
assessment procedures in line with international standards and guidelines; work on mutual recognition 
agreements; and esta blish a council for the accreditation of la boratories.  He stressed the need for 
technical assistance for the implementation of the TBT Agreement. 
- Sanitary and phytosanitary measures 
133. The representative of Yemen said that Yemen was a member of the Codex Alimentarius 
Commission, the World Organization for Animal Hea lth (OIE) and the International Plant Protection 
Convention (IPPC).  Yemeni representatives attende d Codex, OIE, and IPPC  meetings on a regular 
basis, but Yemen did not participate in the techni cal committees of the Codex and OIE due to lack of 
resources.  Yemen's SPS measures were applied in line with the standards of these international bodies.  International standards were also take n into account in devel oping and introducing new 
SPS measures in Yemen.  Law No. 32/1999 "On Plant Quarantine"; Law No. 17/2004 "On the 
Organization and Protection of Livestock" 
(Animal Wealth); and Law No. 44/1999 
"On Standardization, Metrology a nd Quality Control" provided the le gislative basis for the protection 
of plant life and health; animal life and health; an d food safety.  A new Law "On Plant Quarantine" 
was being drafted.   
134. The key regulatory bodies responsible for the control, inspection and approval of 
SPS measures were the Ministry of Agriculture and Irrigation overseeing the preparation and 
implementation of phytosanitary measures; the Ministry  of Public Health and Population; the Ministry 
of Civil Works and the YSMO in the area of contro l and circulation of foodstuff.  The Ministry of 
Agriculture and Irrigation enforced plant and anim al quarantine according to the Plant Quarantine 
Law No. 32/1999 and the Animal Wealth Law No. 17/ 2004.  The YSMO assessed the conformity of 
imported animal and food products , fodder, and agricultural and fishery produce through procedural 
inspection, verification of documents and product testing, if necessary.   WT/ACC/SPEC/YEM/4 
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  135. Application forms to receive prior permission to import plant consignments were either 
obtained from the Department of Pl ant Quarantine, the website of the Ministry of Agriculture and 
Irrigation (www.mai-yemen.org), or the IPPC website (www.ippc.int).  The completed form was 
submitted to the Department of Plant Quarantine w ith proof of payment of the applicable fees 
(Table 7).  The Department examined the applica tion and, based on the assessed risk, would either 
grant permission specifying the phytosanitary terms and conditions to be met or deny permission and 
notify the applicant of the reasons therefor.  Sa mple testing was the usual practice and 100 per cent 
testing was limited to cases where potential risks ha d been identified.  In response to a specific 
question on animal quarantine, he said that the ge neral right of litigation regulated cases regarding 
losses due to negligence on the part of the quarant ine administration.  He added that Yemen was 
revising the Animal Wealth Law to be  consistent with OIE regulations. 
136. The representative of Yemen added that Yemen was reviewing and updating its legislation to 
ensure consistency with the Agreement on Sanitary  and Phytosanitary Measures and international 
standards by 2008-2009.  He presented a revised checkli st of illustrative sanitary and phytosanitary 
issues in document WT/ACC/YEM/12, a revise d action plan for the implementation of the 
SPS Agreement in document WT/ACC/YEM/13/ Rev.2 covering the period 2008-2013, and a 
submission on technical assistance requirements in the SPS area based on the questionnaire in 
G/SPS/W/113 in document WT/ACC/YEM/14.  Yemen intended to complete the establishment of its SPS Enquiry Point and the National Notification Authority by the date of accession.  His Government was considering whether to integrate both functions in one entity.   
137. Some Members sought clarification on whether Yemen's legislation would be amended to 
ensure that SPS measures were applied only to the extent necessary to protect human, animal and 
plant health; and to ensure that Yemen's regula tions governing plant and animal health and food 
safety would be based on independent risk assessme nts and scientific evidence.  As for amending 
existing or enacting new SPS measures, a Member asked whether draft measures were made available 
to the public, including non-Yemeni interested pa rties, whether an opportunity was provided for 
public comment on the draft measures, and whether th e Government would take such comments into 
account in revising the proposed measures.   
138. In reply, the representative of Yemen said that these issues would be addressed as per 
Yemen's action plan to implement the SPS Agreemen t.  At present, no specific process to determine 
equivalence existed in Yemen.  His Government w ould consider new legislation to take account of 
regional characteristics in existing or new animal or plant health and food safety regulations.   WT/ACC/SPEC/YEM/4 
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  - Trade-related investment measures 
139. The representative of Yemen said that foreign and domestic investment received equal 
treatment with no discrimination in respect of rights,  obligations, rules and procedures.  In his view, 
the "Production Sharing Agreements" or "Special  Agreements", covering hydrocarbon exploration 
concessions, were not inconsistent with the Agreem ent on Trade-Related Investment Measures.  He 
reiterated that his Government intended to ava il itself of local content and export performance 
requirements in establishing industrial zones shou ld such measures be considered conducive to 
Yemen's industrial development.  He acknowledged that Yemen pr ovided tax and duty exemptions 
pursuant to Articles 20 and 21 of the Investment Law to promote local content in investment projects, 
and that these incentives were not fully consistent with the Agreement on Trade-Related Investment 
Measures (TRIMs).  He sought the understanding of Members on these issues in the light of Annex F 
to the Declaration of the Sixth Ministerial Conference. 
140. Some Members requested Yemen to provide an  action plan for the implementation of the 
TRIMs Agreement.  The plan should include eliminat ion of all TRIMs in a ma nner consistent with the 
TRIMs Agreement and WTO Declarations, also fo r measures applicable to industrial zones, 
production sharing agreements, and special agreemen ts.  Concerns were raised regarding Yemen's 
intentions to avail itself of local content requireme nts to promote investment in industrial zones.  A 
Member stated that in order fo r Yemen to utilize transitions to maintain its TRIMs, Yemen should 
identify them for notification, indicate how l ong within the allowable period Yemen believed it 
necessary to maintain these measures, and make a co mmitment to eliminate all measures inconsistent 
with the Agreement by a certain date, e.g. 31 December 2014.  No transition period could be considered without Yemen identifying its possibl e TRIMs and setting out its plans to eventually 
remove all measuress inconsistent with the TRIMs Agreement.   
141. The representative of Yemen replied that Yemen was of the opinion that it did not have any 
measures inconsistent with the TRIMs Agreement at present.  Any future reso rt to such programmes  
would be in accordance with WTO provisions.   
- Free zones, special economic areas 
142. The representative of Yemen said that the La w No. 4/1993 "On Free Zones" defined a wide 
range of economic activities that could be undertaken and were promoted in a free zone.  In practice, 
all industries that could be established in Yemen we re permitted to operate in the free zones.  Goods 
imported into a free zone, as well as the products manufactured in and exported from such a zone, 
were not subject to import and export duties, fees or production taxes.  All firms or projects operating 
in a free zone were exempt from taxes on profits  and from corporate income tax for a period of  WT/ACC/SPEC/YEM/4 
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  15 years.  This tax exemption could be extended fo r a period of up to 10 years upon approval by the 
Council of Ministers.  Establishment in a free zone was the only criterion for receiving these tax 
exemptions.  Salaries, wages and other remunera tion of non-Yemeni employees, working on projects 
within a free zone, were exempt from income tax.   No foreign exchange control measures were 
applied to the free zones, and the transfer of capital, profits and salaries was unrestricted.  Yemen's foreign exchange regulations had in  any case been liberalized, also for companies located outside the 
free zones.  Goods sold from a free zone to the dom estic market would be subject to customs duties, 
other border taxes and fees, and normal customs procedures pursuant to the Customs Law and the 
Free Zones Law.   
143. The Free Zones Law provided the legislative basis for the establishment of the Aden 
Free Zone.  The benefits available to licensed investment projects in the free zones were not 
contingent on local content or export performance re quirements.  All firms or projects in a free zone, 
including those with 100 per cent foreign owners hip, were entitled to the same incentives and 
guarantees provided for in the Law.  He confirmed that free zones would be subject to, and covered 
by, any future commitments undertaken by Yemen as a Member of the WTO.   
144. A Member reiterated a request that Yemen eliminate any remaining prohibited subsidies 
within the meaning of Article 3 of the Agreemen t on Subsides and Countervailing Measures, also in 
its free zones.  The representative of Yemen stated  that Yemen would apply all the provisions of the 
Agreement, including its Article 27.   
- Government procurement 
145. The representative of Yemen said that Gove rnment procurement was regulated by Law 
No. 3/1997 "On Government Bids, Tenders and Ware houses".  Except for the Ministry of Defence, 
procurement of Ministries and Government bodies, at central and local level, was usually carried out 
by public tender.  Although commercially-oriented State-owned enterprises were not subject to Law 
No. 3/97, as a general rule, wholly State-owned en terprises also used public tendering to purchase 
goods and services.   
146. The High Committee for Tenders and its branch es supervised and monitored Government 
procurement.  The High Committee was responsible for announcing, receiving, evaluating and 
awarding tenders.  In accordance with the Executiv e Regulation of Law No. 3/1997, the procurement  
methods used in Yemen were direct order (for purchases less than YRls 30,000); direct tendering 
involving at least two bidders (value between YR ls 30,000 and YRls 200,000); limited tendering with 
three or more competing bidders (procurement be tween YRls 200,000 and YR ls 1 million); and public WT/ACC/SPEC/YEM/4 
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  tenders open to all qualified bidde rs, and announced in the media, for Government procurement of 
more than YRls 1 million.  Technical and ad ministrative committees were  established, in the 
concerned Government bodies, to oversee the tende ring process, including the preparatory stages and 
the post-announcement procedures.  The Law stipul ated equal and fair treatment for all potential 
suppliers.  The right of appeal was provided for in  the Law, and appeals could be directed to the 
courts or to the authority responsible for the procurement.   
147. A Member encouraged Yemen to consider  acceding to the Agreement on Government 
Procurement.  In response, the representative of Yemen said that his Government would decide how 
to deal with this Agreement after accession to the WTO.  At present, Yemen had no intention to join 
the Agreement.   
- Transit 
148. The representative of Yemen said that transit tr ade was governed by the provisions of the 
Customs Law No. 14/1990.  The Customs Law provided for the use of international transit 
documents, unified forms, and security and safety pro cedures.  Goods in transit were not subject to 
restrictions or prohibitions unless specified otherwis e in domestic laws and regulations.  In his view, 
the Customs Law was consistent with Article V of the GATT 1994.   
149. Transit trade was supervised by the Customs Authority.  The Authority could identify the 
entry points, the transportation means and the itin erary for the passage of goods, taking into account 
agreements concluded with other countries.  Goods in transit were declared and, if necessary, 
inspected and sealed.  The Customs Authority coul d request a guarantee to cover the customs duties 
applicable if the cargo was diverted to the domestic market.  The Authority  issued permits that could 
be cancelled in case of violation or misuse.   
- Agricultural policies 
150. The representative of Yemen said that agricu lture was the backbone of Yemen's economy, 
employing about 52 per cent of the work force and accounting for more than 14 per cent of Yemen's 
GDP in 2000.   
[Document WT/ACC/SPEC/YEM/1 contains inform ation on the agricultural sector for the period 
2001 to 2003, including tables on dom estic support and export subsidies.] 
(a) Imports 
151. The representative of Yemen said that imported agricultural goods were subject to customs 
duties and taxes, as well as technical regulati ons, standards, quarantine and SPS requirements.   WT/ACC/SPEC/YEM/4 
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  Yemen prohibited the importation of coffee and mango,  and maintained seasonal restrictions on some 
fruit and vegetables that were sensitive and important for farmers' livelihoods an d in their contribution 
to the economy (see "Quantitative Import Restrictio ns").  Custom duty exemptions could be provided 
to the Government's agricultural projects.  The ex emptions were currently limited to machinery, 
equipment, tools, materials and products imported by the Ministry of Agriculture and Irrigation for 
rural development and for use in infrastructure projects.  The Ministry was implementing these 
projects with international organizations such as the World Bank, IFAD, and the FAO.   
(b) Exports 
152. The representative of Yemen said that Yemen was a signatory to the CITES Agreement and 
prohibited the export or trade in enda ngered plant or animal species.  The export of some rare birds, 
flora and fauna were also discouraged to preserve the environment.  Although Yemen sought to boost its limited agricultural exports, no e xport subsidy, export finance, e xport credit or guarantee programs 
were currently available.  However, his Governme nt reserved the right to introduce measures in full 
compliance with the rights and obligations of the Agreement on Agriculture, including the special and 
differential treatment provisions available to LDCs  with respect to market access, domestic support 
and export subsidies.   
153. Some Members requested Yemen to bind its ag ricultural export subsidies at "zero" upon 
accession.   
(c) Internal policies 
154. The representative of Yemen said that his Gove rnment was seeking to promote agricultural 
production as a long term objective in tandem w ith Yemen's food security and poverty reduction 
strategy.  Policy instruments to encourage agricu lture included rural development projects; agencies 
providing advisory services to farmers; training and awareness generation on the use of modern 
agricultural technology and techniques; infrastructure or minor irrigation projects such as the 
construction of small dams  and tanks to collect rain water in drought-prone areas; efforts to control 
pests and agricultural diseases; and the establishmen t of small plant nurseries in villages.  His 
Government provided credit and funded research to  develop and improve agricultural production and 
the institutional infrastructure n eeded for the production and mark eting of agricultural products.  
Loans to farmers were generally disbursed thr ough the State-owned Cooperative and Agriculture 
Credit Bank at market interest rates.  However, loans for the purchase of agricultural machinery, 
equipment and inputs could be di sbursed on concessional terms, in  which case the interest subsidy 
would be covered by a special fund.   WT/ACC/SPEC/YEM/4 
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  - Textiles regime 
155. The representative of Yemen said that textile im ports were not subject to quotas or other 
restrictions.   
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL - Industrial property protection 156. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 
provided the basis for intellectual property protectio n in Yemen.  The Law regulated and protected 
different forms of intellectual property, including trademarks, copyright, creative works, industrial 
designs and the rights to inventions and discoveries.  The Intellectual Property Rights Law aimed at 
protecting the rights of the owner to promote innovat ion, creativity and technological development in 
the literary, scientific and technical realms.  His Government was reviewing the Intellectual Property Rights Law to ensure full compliance with the Ag reement on Trade-Related Aspects of Intellectual 
Property Rights (TRIPS Agreement).   
157. He provided information on the implementati on of the TRIPS Agreement in document  
WT/ACC/YEM/7 and its Revision 1, as well as an  action plan (document WT/ACC/YEM/8 and its 
Revision 1), detailing the technical assistance, funding and transitional arrangements required by 
Yemen to implement the TRIPS Agreement.  As per the timeframes set out in the action plan, revised 
industrial property laws woul d be approved by 2008, and the implementation of the 
TRIPS Agreement was expected by 2014 (except fo r patent protection of pharmaceuticals covered by 
the Decision on TRIPS and Public Health).  An industrial property information centre would be 
established by 2009.   
158. The representative of Yemen requested technical assistance to review and update legislation 
on intellectual property rights; to establish, enhance and modernize the IPR Departments, and to build 
human capital and the capacity to enforce IPR le gislation; and to provide training and generate 
awareness among the authorities, including the judiciar y, customs, and the prosecution agencies.   
- Responsible agencies for policy formulation and implementation 
159. The representative of Yemen said that the Minist ry of Industry and Trade was responsible for 
the regulation and protection of industrial property rights.  The Ministry of Culture was responsible 
for policy formulation and protection of copyright a nd related rights.  The Ministry of Culture had  WT/ACC/SPEC/YEM/4 
 Page 47 
 
 
  established a Department for Intellectual Property Rights within the General Directorate for Artistic 
Classification and Intellectual Property to fulfil th is role (Decision No. 126/1999).   
- Participation in international intellectual property agreements 
160. The representative of Yemen said that Yemen had become a member of the World 
Intellectual Property Organization (WIPO) in 1979,  and had acceded to the Paris Convention on 
15 November 2006 and to the Berne Convention on 14 April 2008.  He noted that Yemen would need 
technical assistance to implement the provisions  of the Berne and Paris Conventions.  His 
Government was not a signatory to any other in tellectual property conventions or agreements. 
161. A Member requested information on Yemen's plans to accede to intellectual property treaties 
such as the Brussels Convention Relating to th e Distribution of Programme-Carrying Signals 
Transmitted by Satellite, the International Convention for the Protection of New Varieties of Plants, 
the Patent Cooperation Treaty, the WIPO Copy right Treaty and the WIPO Performances and 
Phonograms Treaty.  The representative of Yeme n replied that he expected accession to such 
agreements to lead to financial, institutiona l and administrative burdens exceeding Yemen's 
capabilities.  However, Yemen would examine the f easibility of acceding to them.  In response to a 
specific question, he said that Yemen did not inte nd to accede to the WIPO Copyright Treaty and the 
WIPO Performances and Phonograms Treaty.   
- Application of national and MF N treatment to foreign nationals 
162. Some Members questioned the consistency of  Articles 64, 105 and 120 of the Intellectual 
Property Rights Law No. 19/1994 with the national treatment obligation of the TRIPS Agreement for 
patents and industrial designs.  The representative of  Yemen replied that the Law generally provided 
national and MFN treatment to foreign natural and le gal persons.  However, fo r patents, Article 120 of 
the Law provided national treatment only to foreig ners living outside Yemen, and not explicitly to 
non-nationals residing in Yemen.  He said that Yeme n would revise its law to ensure full conformity 
with Article 3 of the TRIPS Agreement.   
- Fees and taxes 
163. The representative of Yemen said that the regi stration of creative activities (i.e. copyright) 
was free of charge until the establishment of appropr iate fees for registration.  Tables 16 and 17 
enumerate the registration fees for trademarks, patent s and industrial designs set by the Ministry of 
Industry and Trade.   WT/ACC/SPEC/YEM/4 
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  Table 16:  Registration Fees for Trademarks and Patents.  
Measure Fee in YRls 
Trademark Application  3,000 
Trademark registration 9,000 
Replacement for lost certificate 6,000 
Protest to trademark registration  6,000 
Application for trademark transfer and mortgage  7,500 
Application for trademark deletion 3,000 
Application for trademark renewal   12,000 
Patent Application 3,000 
 
Table 17:  Registration Fees for Industrial Designs  
Measure Fee in YRls 
Application for deposition of industrial design 20,000 
Registration fees 10,000 
Application for registration of modifications to data of design owner 10,000 
Fees for obtaining a true copy 10,000 
Application for obtaining data from registry 10,000 
Fees for replacing a lost registration certificate 10,000 
Fees for raising a grievance to Grievance Commission 10,000 
Application for registering the tran sfer of property, mortgaging, or 
waiving the industrial design. 20,000 
Application for registering a li cence to use the design 20,000 
Application for deletion 5,000 
Application for renewal of industrial design 
(a) when submitted during the last year of protection   
(b) when submitted within 3 months after expiry of protection  
20,000 
20,000 + fine of 5,000 per month 
 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
164. The representative of Yemen said that his Gove rnment was drafting a Copyright and Related 
Rights Law to replace the general Intellectual Pr operty Rights Law as the legislative basis for 
copyright protection.  As per the timetable set out in the action plan (WT/ACC/YEM/8/Rev.1), the 
new law would be approved by 2008.  The new la w would be in line with the provisions of the 
TRIPS Agreement.   
165. Currently, the Intellectual Property Rights Law gr anted copyright to cr eative works in arts, 
literature, and science regardless of form, purpose,  importance, or production process.  Copyright 
protection was accorded to scientific, literary a nd artistic writings; drawings, paintings, engravings, 
illustrations, architectural, sculptural and lithograph y works; speeches, lectures, sermons and other 
works; theatre, drama and musical works; musi cal compositions; photographi c and cinematographic  WT/ACC/SPEC/YEM/4 
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  works; maps, geographical drawings and sketches;  audiovisual works for radio or television 
broadcasting; applied arts, etc.   
166. In the context of revising existing legislation,  computer programs and compilations of data 
would be provided protection in accordance with Article 10 of the TRIPS Agreement.  Rental rights for computer programs and cinematographic work s, currently protected on the basis of their 
respective rental contracts, would also be ensured in line with Article 11 of the TRIPS Agreement.  
Asked about the protection of performers, produ cers of phonograms and broadcasting organizations, 
stipulated in Articles 14.1, 14.2 and 14.3 of the TRIPS Agreement, the representative of Yemen said 
that Articles 3 and 13 of the existing Law protected  performance rights and their utilization, and that 
Yemen would seek to comply with Article 14 of the TRIPS Agreement by revising the present legislation.   
167. Article 24 of the Intellectual Property Right s Law provided protection of works for the 
lifetime of the author and for 30 years after his/ her death.  Pursuant to Article 25 of the Law, 
cinematographic and television film producers were a ccorded protection for a 25 year period.  Portrait 
right holders were protected for a 10 year period.  The term of protection for radio and television 
broadcasts were two and three years, respectively, as per Article 27 of the Law.  Article 39 of the Law 
provided permanent copyright protection for rights held by scientific, literary or artistic bodies and 
institutions.  Full compliance with the obligations under Article 12 a nd 14.5 of the TRIPS Agreement, 
and Article 7 of the Berne Convention, would be addressed in the new Law.   
168. Some Members requested further information on the conformity of the Intellectual Property 
Rights Law with the provisions of the Berne Convention (Articles 5.2, 12, 18), incorporated by 
reference in Article 9 of the TRIPS Agreement.  In reply, the representative of Yemen said that compliance with Article 9 of the TRIPS Agreement would be addressed in the new Law.  Article 3.4 of the present Law corresponded to Article 12 of th e Berne Convention in protecting the authors' 
rights on the adaptation of works.  Moreover, Ar ticle 16 of the Law referred to quotation and not 
adaptation of the works.  Concerning Article 5.2 of the Berne Convention and the mandatory 
registration procedures in Articles 35-37 of the ex isting Law, he said that the Law granted the 
enjoyment and exercise of copyright.  However, the new Law would not include provisions on mandatory registration procedures.  The new La w would also address Article 18 of the Berne 
Convention, providing for protection of works that had not yet fallen into the public domain.   
169. Having reviewed an English translation of Yemen's 1994 Law, a Member noted that its 
Article 16 did not appear to refer to quotations, a nd Article 13, listing authors' exclusive rights, did 
not include the full right of adaptation of works.  Yemen was requested to confirm that the existing WT/ACC/SPEC/YEM/4 
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  law referred to quotations, and that the revised co pyright law would grant authors a full right of 
adaptation.  The representative of Yemen reaffirmed that Article 16 referred to  quotations, and that a 
full right of adaptation, in line with Article 12 of  the Berne Convention, would be taken into account 
in the new Law.   
- Trademarks, including service marks 
170. The representative of Yemen said that the Intellectual Property Rights Law and the Decision of 
the Ministry of Industry and Trade No. 353/1995 "On Implementation of Trademark Regulations" 
provided the legislative basis for the protection of trademarks.  A new Law "On Trademarks and 
Geographical Indications" was expe cted to be enacted by 2009.   
171. The Intellectual Property Rights Law defined a trademark as a mark or symbol to distinguish a 
product of an industrial, agricultural, or commercial project, an extracting industry, or to indicate the 
services of an establishment.  The Law enabled the protection of all trademarks or service marks except those contrary to public order or morality.  The Ministry of Industry and Trade had identified 
marks  ineligible for protection as those involved in or promoting prohibited products or services, 
including alcoholic drinks, wine, sp irits and narcotics; por k products, raising pigs, and the sale of pork 
meat to the public; night clubs a nd casinos; and pornographic material, names, or statements violating 
the culture or public order.   
172. Usage of a registered trademark required the owner's prior approval.  Trademarks had to be 
registered to be accorded protecti on.  The Law did not allow the regi stration of trademarks identical, 
similar, imitating, completely or pa rtially translating, or associated with a "known mark" or a previously 
registered trademark.  The new Law was bei ng drafted to conform to Article 16.2 of the 
TRIPS Agreement, and would allow non-registered fore ign "known marks" to be  protected in Yemen.  
The new law would also address the principles of priority and exclusivity, preserving the rights of 
trademark owners against later in time and confusingly similar geog raphical indications  (Articles 16.1 
and 24.5 of the TRIPS Agreement).   
173. Registration of a trademark di d not require prior use, but the mark had to be clearly 
distinguishable from other marks.  Articles 92-95 of  the Intellectual Property Rights Law set out the 
procedures and steps for registration of trademarks, including the submission of an application, 
examination, publication, contestations and the issue of a registration certificate.   
174. Trademark protection was valid for ten years from the date of registrati on, and renewable.  
Renewals were effected in the final year of protec tion.  If no request had been received, the Ministry 
of Industry and Trade would give a written notice to the owner two months prior to the expiry of the  WT/ACC/SPEC/YEM/4 
 Page 51 
 
 
  trademark registration, and automatically delete the registration of the mark if the registration had not 
been renewed within three months of its expiry.  The courts also had the right to delete the registration 
of a trademark if not used for five consecutive years without an acceptable reason.   
175. Individuals engaged in commercial services or industrial activity could apply to register a 
trademark and subsequently be as signed ownership to the registered  trademark.  Trademark licence 
agreements required regist ration with the Yemeni au thorities, and a licensee could initiate trademark 
infringement cases in Yemen.    
- Geographical indications, including appellations of origin 
176. The representative of Yemen said that Yemen had no specific law covering geographical 
indications, including appellations of origin, at prese nt.  However, his Government planned to adopt a 
new Law "On Trademarks and Geographical Indications" to include provisions for the protection of geographical indications by 2009.   
177. Some Members sought further information on Yeme n's conformity with Articles 22 and 23 of 
the TRIPS Agreement, specifically the provisions to  prevent false or misleading use of geographical 
indications.  The representative of Yemen replie d that the trademark system currently provided 
interested parties with the legal means to preven t misleading use of geographical indications.  He 
added that wines and spirits were not registered and protected as trademarks in Yemen.  
- Industrial designs 
178. The representative of Yemen said that the Intellectual Property Rights Law accorded protection 
to industrial designs.  Arti cles 106-108 of the Law set out the procedur es to register an industrial design.  
Registered industrial designs could not be used with out prior permission of th e licensee.  Registered 
industrial designs were protected for an initial five-year term from the date of application.  The period of 
protection could be extended for tw o additional five-year terms.   
179. The representative of Yemen said that the Law would be revised to take account of 
Articles 26.1 and 26.3 of the TRIPS Agreement.  As per the legislative action plan (document 
WT/ACC/YEM/9/Rev.3), a new Law "On Industrial Desi gns" was expected to be enacted by 2009.   
180. Asked whether a design could be registered as a trademark in Yemen, he replied that the 
existing Law distinguished trademarks from industria l designs, each with their distinctive definition 
and registration process.  The Law defined trademarks in Article 85 and industrial designs in 
Article 103 as "any original form that is characterized by novelty and serves to give a line of industrial WT/ACC/SPEC/YEM/4 
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  production a distinctive ornamental appearance by using a particular composition of lines or colours 
or selecting a particular form, whether by machine, by hand or chemically".   
- Patents 
181. The representative of Yemen said that Articles 68 to 73 of the Intellectual Property Rights 
Law defined the steps and procedures to register inventions and grant patents.  The Ministry of 
Industry and Trade was responsible for the registration of patents in Yemen.  However, due to lack of 
infrastructure and technical capabilities, no patents had been granted to date. 
182. A Member offered assistance to improve the pa tent registration process and suggested that 
Yemen might benefit from partnering with other intellectual property offices such as those in 
the GCC.   
183. With regard to patentable subject matter, he sa id that the Law only considered an invention as 
novel and patentable if it had not been used before .  The novelty and effective utility of an invention 
was determined in the examination process.  Nove lty was related to the essence of the invention and 
not to secondary elements of the subject matter.   
184. The Intellectual Property Rights Law did not provide  patent protection for biological methods to 
produce new types of plants and livestock, and prohibited patents for inventions violating Shari'a and contravening public order or morality.  In his view, the exclusions from patentab ility provided for in 
Article 65.1 of the Law were compatible with Article 27.2 of the TRIPS Agreement.    
185. Some Members requested further information on th e conformity of Yemen's patent legislation 
with Articles 27, 28.1 (a) and (b), 31, 33 and 34 of the TRIPS Agreemen t.  In reply, the representative 
of Yemen said that Articles 27, 28.1 (a) and (b),  31, 33 and 34 of the TRIPS Agreement would be 
taken into account in revising the Intellectual Pr operty Rights Law.  Legislation on compulsory 
licensing would comply with Article 31 of the TRIPS Agreement as well as the WTO Decision on 
TRIPS and Public Health.  Referring to secret inventions, he said that Article 73.1 of the Law identified such inventions as not being registered in  the patent register, but this provision had never 
been applied, and secret inventions had not been defined in the Law.   
- Plant variety protection 
186. The representative of Yemen said that plan t variety protection was covered by Law 
No. 20/1998 "On Agricultural Seeds and Fertilizers".    WT/ACC/SPEC/YEM/4 
 Page 53 
 
 
  - Layout designs of integrated circuits 
187. The representative of Yemen said that no specific legislation protected layout designs of 
integrated circuits at present.  Provisions to protect  the layout designs of integrated circuits would be 
included in the revision of the Intellectual Property Rights Law.  Technical assistance and an 
appropriate transition period was requested for this purpose. 
- Requirements on undisclosed information,  including trade secrets and test data 
188. The representative of Yemen said that current  legislation did not specifically protect 
undisclosed information, including trade secrets and test data.  The issue would be addressed in the 
revision of the Intellectual Property Rights Law.  Technical assistance and an appropriate transition 
period was requested for this purpose. 
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
189. The representative of Yemen said that Article 81 of the Intellectual Property Rights Law and 
Article 4 of the Law No. 19/1999 "On Comp etition Promotion, Mono poly, and Commercial 
Deception Prevention" defined measures to control th e abuse of intellectual property rights.  Article 4 
of the Competition Law was, in his opinion, consiste nt with the provisions of the TRIPS Agreement.   
- ENFORCEMENT 
- Civil judicial procedures and remedies 190. The representative of Yemen said that Article 124 of the Intellectual Property Rights Law 
No. 19/1994 provided specific remedies against in fringement of intellectual property, including 
copyright and related rights.  Article 114 of  the Law contained specific remedies against 
infringements involving industrial designs and register ed trademarks.  Article 116 allowed the judicial 
authorities to seize infringing goods and appoint an expert to assess the profits derived from the illicit use of protected designs or marks.   
191. Injunctive relief was provided in accordance w ith Article 115 of the Intellectual Property 
Rights Law, upon request, through (i) the seizure and confiscation of products, goods, containers, 
documents and any other marks or objects used for imitation or counterfeiting.   Revenue from the sale 
of such confiscated objects could be used for the settl ement of damages or fines; (ii) the destruction of 
such objects, when necessary; (iii) publication of th e infringement in newspapers or other media; and 
(iv) a court order restraining the offender from futu re infringements.  Article 116 of the Law provided 
right holders the right to request compensation for damages.  Furthermore, Article 304 of the Civil 
Law No. 14/2002 obliged infringers to compensate  any damages caused, without prejudice to any WT/ACC/SPEC/YEM/4 
Page 54 
 
 
  other penalties stipulated in the laws in for ce, and Article 258 of the Civil Procedures and 
Enforcement Law No. 40/2002 authorized judges to order infringers to pay costs.   
192. Civil and judicial procedures were governed by  the Civil Procedures and Enforcement Law.  
Articles 16-25 set out the litigation procedures.  Procedures for plaintiffs to bring actions for infringement were stipulated in Articles 103, 104 an d 106.  Judicial rulings and decisions were made 
in writing and were based on evidence as per Articles 217, 227-229, and 231 of the Law.  Articles 112 
and 120 of the Evidence Law No. 12/1992 were relevant in obtaining evidence from the opposing 
party.  Further information on civil judicial procedures and remedies is provided in document 
WT/ACC/YEM/7/Rev.1. 
193. He added that Yemen was in the process of re vising the Intellectual Property Rights Law, and 
that specific remedies in accord ance with the TRIPS Agreement would be included to address 
infringement involving geographic indications, patent s, protection of plant varieties, integrated 
circuits, misuse of confidential information a nd trade secrets.  The representative of Yemen 
considered the civil and administrative proce dures and remedies available under the Intellectual 
Property Rights Law and the Civil Procedures and Enfo rcement Law to be consistent with Articles 42 
through 49 of the TRIPS Agreement.   
- Provisional measures 
194. The representative of Yemen said that the Intellectual Property Rights Law and 
Articles 238-252 of the Civil Procedures and Enfor cement Law included temporary measures broadly 
consistent with Article 50 of the TRIPS Agreemen t.  Full compliance with the provisions of the 
TRIPS Agreement would be ensured in the revision of the Intellectual Property Rights Law.  Further 
information on provisional measures is provi ded in document WT/ACC/YEM/7/Rev.1.   
195. The Intellectual Property Rights Law stipulated that "the owner of a trademark registry 
certificate or industrial design may request the court to seize products, goods, labels and other 
items that have a fake trademark or imitated indus trial design or model, as a provisional measure until 
a dispute is settled by the judiciary."  A right hol der could apply for provisional measures, through the 
court system, by means of an inaudita altera parte  (ex parte)  procedure.  Pursuant to the Civil 
Procedures and Enforcement Law, the holder of a te mporary lien had to present the case and prove the 
veracity of the claim within eight days - otherw ise the lien would be considered null and void.   
196. The Department of Intellectual Property in the Ministry of Culture was responsible for field 
inspections to seize infringing or counterfeit c opies of literary and artistic works.  The Law  WT/ACC/SPEC/YEM/4 
 Page 55 
 
 
  No. 25/1990 "On Press and Pub lications" contained supplemen tary penalties and temporary 
procedures pertaining to forged works. 
- Administrative procedures and remedies 
197. The representative of Yemen said that the In tellectual Property Rights Law, the Civil 
Procedures and Enforcement Law, and the Law "On Press and Publications" provided for 
administrative procedures and remedies in co mpliance with Articles 42 through 49 of the 
TRIPS Agreement.   
198. The Department of Intellectual Property in the Ministry of Culture was responsible for field 
inspections to seize counterfeit or fake copies of lit erary and artistic works, and to issue reports, in 
cooperation with other relevant agencies in Ye men.  Although regulations and procedures in 
connection with field inspections had not been publis hed, such inspections were initiated on the basis 
of a complaint filed by the right holder with the Department of Intellectual Property, together with 
supporting information, data, and materi al evidence of the infringement.   
199. He added that the law enforcement agencies coordinated closely with the executive and 
judiciary to ensure the effective enforcement of the Intellectual Property Rights Law.  His 
Government had sought to engage  all law enforcement agencies, including the police, general 
prosecutors, customs authorities, and the relevant Ministries, to coordinate in the protection and 
enforcement of intellectual property rights.  Ho wever, technical assistance, funding and capacity 
building was needed to improve enforcement.   
- Special border measures 
200. The representative of Yemen said that Article 115 of the Intellectual Property Rights Law, 
Articles 104.6, 243, 252 and 339 of the Civil Procedures and Enforcement Law, and Articles 30 
and 223 of the Customs Law No. 14/1990 were in co mpliance with most of the requirements of 
Articles 51 through 60 of the TRIPS Agreement.  He noted that the right holder's right to information 
of third parties involved in infringement was not incl uded in existing legislation.  Further information 
on the implementation of border measures is provided in document WT/ACC/YEM/7/Rev.1.   
- Criminal procedures 
201. The representative of Yemen said that intentiona l acts of infringement c overed by Article 124 
of the Intellectual Property Rights Law No. 19/1994 were punishable by imprisonment for a period not exceeding six months, or a fine of not less th an YRls 10,000.  These two penalties were mutually 
exclusive and without prejudice to any stricter sanctions provided for in any other law, or the right to WT/ACC/SPEC/YEM/4 
Page 56 
 
 
  claim damages.  In his view, the penalties were in accordance with Article 61 of the 
TRIPS Agreement, as either of the two punish ments constituted a sufficient deterrent, and the 
penalties were consistent with th e level of penalties applied for cr imes of corresponding gravity.  
Beyond fines and imprisonment, the Intellectua l Property Rights Law provided for supplementary 
penalties, such as the seizure, confiscation, and disposal of goods using counterfeited designs or 
marks, imitations or forgeries.  Infringers were al so prohibited from any further usage of the infringed 
intellectual property.  
202. Without prejudice to stricter sanctions provided for in any other law, Article 104 of the Press 
and Publications Law punished violations covered by its provisions with a fine not exceeding 
YRls 10,000, or by imprisonment for a period not exceeding one year.  The fine and imprisonment 
were mutually exclusive.  In his opinion, eith er of the two punishments were in accordance with 
Article 61 of the TRIPS Agreement.  The Press and Publications Law also contained supplementary 
punishment and temporary procedures pertaining to forged works, such as the closure of printing 
shops, publishing houses, or outlets dealing with  artistic works, cinematography works and 
publications; and the provision of fair compensati on for damages.  As a complementary punishment, 
the court could prevent the violator from practising his/her business for a period not exceeding one 
year.   
203. Pursuant to Articles 210 and 211 of the Crimes and Penalties Law No. 12/1994, persons 
involved in counterfeiting or forging a trademark bel onging to a person, Government entity or private 
enterprise could face imprisonment up to three years.  This punishment applied also to those using the 
forged trademark.  Persons involved in forger y or counterfeiting on a commercial scale could face 
imprisonment up to five years.   
VI. POLICIES AFFECTING TRADE IN SERVICES 
204. The representative of Yemen said that the services sector employed over 17 per cent of the 
work force and accounted for approximately 27 per cen t of GDP in 2000.  The main sub-sectors were 
transportation, communications, storage, wholesale and retail trade, real estate, construction, insurance and financial services.  Trade in servi ces was mainly operated by the private sector.  
However, his Government was the exclusive suppl ier of television, radio and fixed-line telephone 
services.   
205. Several Government departments a nd bodies were involved in th e regulation of services.  The 
Ministry of Industry and Trade wa s responsible for insurance and certain professional services; the 
Central Bank of Yemen supervised banking services; the Ministry of  Communications was responsible  WT/ACC/SPEC/YEM/4 
 Page 57 
 
 
  for telecommunications and postal services; the Mini stry of Social Affairs and Labour regulated the 
movement of natural persons; the Ministry of Education was responsible for educational services; the 
Ministry of Public Health and P opulation for health services; the Mi nistry of Transport and Maritime 
Affairs for land, air and sea transportation; the Mi nistry of Public Works and Urban Development was 
responsible for engineering and construction serv ices; the Ministry of Tourism and Environment 
regulated tourism and environmental services; and the Ministry of Oil and Minerals was responsible for 
services related to petroleum product s.  Other bodies and professional as sociations playing a role in the 
regulation of services included the General Author ity for Maritime Affairs, the General Authority for 
Civil Aviation and Meteorology, the Environment Protection Authority, the Syndicate of Medical 
Doctors and Pharmacists, the Syndicate of Dentists, the Syndica te of Lawyers, the Association of 
Tourism and Travel Agencies, the Hotels Union and Hotels Association, the Association of Chartered 
Accountants, the General Federation for Chambers of Commerce and Industry and the Insurance Union.  
206. The representative of Yemen said that the Ministry of Social Affairs and Labour issued work 
permits to foreigners upon request from their empl oyers. Entry visas were subsequently granted in 
accordance with the issued work permit. A work permit was valid for one year and could be renewed annually for up to five years against a fee of YRls 12,000, stipulated in the Cabinet Decision and Labour 
Law No. 5/1995.  In his opinion, the fee was nomina l and did not cover fully the administrative costs 
incurred.  In addition to the work permit fee, YR ls 5,000 was collected for a vocational training fund 
established to train workers in the private sector.  
207. The procedures and criteria for foreigners to ob tain licenses and provide  professional services 
were governed by various laws, including the Lawyers' Profession Law No. 31/1999, the Medical 
Professions and Assisting Medica l Professions Law No. 26/2002, and the Auditing Accounts Law 
No. 26/1999.  These laws established standards and regulated the particip ation or involvement of foreign 
professionals in the respective professions.  The cr iteria for obtaining professi onal licenses were the 
same for Yemeni and foreign professi onals.  The criteria were published in the Official Gazette.  The 
requirements (documentation, fees, and processing time) to obtain a licence varied with the type of 
professional service.   
208. Regarding legal services, Article 59 of the Lawyers' Profession Law No. 31/1999 stipulated 
that services related to the submission of claims or  pleas before a court of law were limited to lawyers 
who were Yemeni nationals.  Foreign lawyers were  not permitted to practi ce law except through a 
licensed Yemeni lawyers' office; by permission from the Minister of Justice; and provided they did not 
plead in more than two cases per year.  Furthermore, Yemen required reciprocal treatment from the home country of the foreign lawyer.  Legal consul tancy services not involvi ng pleading in Yemeni WT/ACC/SPEC/YEM/4 
Page 58 
 
 
  courts could be provided by forei gn lawyers and legal service provider s if they operated with Yemeni 
participation as a joint venture or th rough a licensed Yemeni office.    
209. Yemeni accounting and auditing firms were granted licenses to practice pursuant to the 
Auditing Accounts Law No. 26/1999, if certain conditions  were met.  The company had to be a general 
partnership with its head office in Yemen, all partne rs had to be chartered accountants with licenses to 
practice, and the chartere d accountant could not prac tice privately or be a partner of more than one 
accounting firm.  Foreigners (natur al or legal persons) had to fulfill certain additional requirements to 
obtain a licence to provide accounting and auditing  services in Yemen.  Among the requirements, 
foreigners were obliged to take one or more Yeme ni chartered accountant as partner(s); all partners 
had to be registered, and the partnership contract had to be submitted to the competent authorities in 
Arabic; the foreign partner(s) had to be licensed to practice as an auditor or accountant in his/her 
home country; at least one of the managers had to be  a Yemeni partner and at least two thirds of the 
technical staff working in the firm had to be Yeme ni nationals.  The Ministry of Industry and Trade 
issued licenses on the basis of recommendations ma de by the Chartered Accountants Certification 
Committee.  The registration fee amounted to YRls 10,000, and the licence fee was YRls 25,000.  On 
average, applications were processed and examined within three weeks. 
210. Concerning management consulting and relate d services, the representative of Yemen said 
that foreign management consulting companies we re eligible to set up branches in Yemen in 
accordance with the provisions of Law No. 23/1 997 "On Regulating Foreign Houses and Companies 
Representation".  Foreign equity in local consu lting companies could not exceed 49 per cent of the 
total share capital in accordance with  the Commercial Law No. 32/1991.   
211. Regarding telecommunications services, a monopoly venture with Cable and Wireless 
Limited had expired at the end of 2003 and his Go vernment was currently the exclusive provider of 
international telecom services (through TeleYemen).  The Ministry of Telecommunications and Information Technology had concluded a five-year ma nagement contract with France Telecom.  The 
national telecommunication services (PSTN) network was operated exclusively by the Public 
Telecommunications Corporation.  International and national telecommunica tion services via satellite 
were provided by TeleYemen and the Public Te lecommunications Corporation, respectively.  
However, mobile telecommunications services, including international mobile personal 
telecommunications services via satellite (GMPCS), were open to foreign pa rticipation.  Satellite 
dishes were permitted for receiving signals for radio, television and the Internet.  Internet service 
providers were granted licenses pursuant to Cabi net Decision No. 4/2001 to establish and provide 
internet services on a competitive basis.  The inte rnet service providers were required to rent  WT/ACC/SPEC/YEM/4 
 Page 59 
 
 
  transmission links from the Public Telecommunications  Corporation.  He added that Yemen had no 
legislation regulating electronic commerce, and currently imposed no specific legal restrictions on the 
purchase of goods via the Internet. 
212. Yemen did not intend to revise its policies rega rding the acquisition of land rights by foreign 
investors.  Unless specified otherwise, foreign equity was limited to 45 per cent in joint stock 
companies and partnerships to encourage Yemeni i nvestors and promote domestic investment.  Retail 
services were reserved for Yemeni nationals or Yeme ni legal entities, including joint ventures with 
foreign participation not exceeding 49 per cent,  pursuant to the Commercial Law No. 32/1991. 
213. Banking services were governed by Law No. 14/2000 "On the Central Bank", Law 
No. 38/1998 "On Banks", Law No. 21/1996 "On Islamic Banks", and Regulation No. 2/1997 
"On Provisions and Procedures for Granting Licenses for Banking Activities".  Foreign equity was 
limited to 45 per cent in commercial banks, and 20 per cent in Islamic banks.  The purpose was to 
encourage the participation and ownership of Yemeni nationals in banking activities.   
214. Foreign-owned banks were treated on par with locally-owned banks.  No limitations applied 
in the scope of business operations of foreign ba nks in either commercial or Islamic banking.  
A foreign bank could obtain a licence from the CBY to provide banking services by applying to the 
Governor of the CBY.  The application to open a br anch or office of the foreign bank was reviewed, 
and based on technical recommendations, a temp orary licence was issued.  A final licence was 
approved and issued by the Board of Directors of the CBY provided the minimum designated capital 
for foreign and locally-owned banks of YRls 6 b illion had been transferred and a medium-term work 
plan for the foreign bank's branch or office had been submitted.  The work plan, including budget 
estimates, should cover the first three years of ope ration from the proposed date of commencement.  
The CBY also evaluated the suitability of the prop osed office or branch premises of the new bank 
considering its location, the availability of a full y protected room for the safekeeping of money and 
documents, as well as the bank's outfitting. 
215. Foreign equity participation in Yemeni insura nce and re-insurance companies was limited to 
25 per cent in accordance with Law No. 37/1992 "On Supervision and Mon itoring of Insurance 
Companies and Brokers" and Law No. 9/1997.  No benefits or privileges were extended to the State-owned insurance companies.  Subject to approva l of the Minister of Industry and Trade, Yemeni 
nationals were allowed to purchase insurance offs hore when local insurance companies were unable 
to provide the required coverage.  No more than 50  per cent of the total coverage could be purchased 
overseas.   WT/ACC/SPEC/YEM/4 
Page 60 
 
 
  216. As for tourism, the representative of Yemen said  that the tourism sector employed more than 
40,000 people, and accounted for about 2 per cent of Yemen's GDP.  Between 2000 and 2004, annual 
income and receipts from tourism had amounted to US$105 million.  His Government sought to 
strengthen the forward and backward linkages of tour ism with other sectors of the economy; generate 
employment opportunities; increase foreign exchange in flows; develop new regions  or sites as tourist 
areas; promote ecological and cultural tourism; and im prove the quality of tourism services in Yemen. 
217. Asked about privatization in the maritime transportation sector, he said that the Ship Dock 
Yards Company was the only entity in  the process of privatization.   
[Yemen submitted  an initial offer on specific commitments in services in August 2005 (document 
WT/ACC/SPEC/YEM/2), and revised offers in June 2006, July 2007 and August 2008 
(WT/ACC/SPEC/YEM/2/Rev.3). ]   
VII. TRANSPARENCY 
- Publication of information on trade 
- Notifications  
218. Some Members requested further information on Yemen's implementation of the transparency 
requirements prescribed in Article X of the GATT 1994, Article III of the GATS, and other 
transparency-related provisions in the WTO Ag reements, and Yemen's ability to ensure the 
publication of all relevant legislation or regula tions related to the implementation of the WTO 
Agreements from the date of accession.  If Yemen had no law requiring the Government to seek public comment on draft laws and regulations, and th e provision of draft laws and regulations to 
interested parties for comment was not common pr actice, Yemen was requested to explain how it 
would implement its obligations under the WTO Agreements.   
219. The representative of Yemen replied that all laws were published in the Official Gazette 
pursuant to the Constitution and Law No. 27/1993.  Laws were circulat ed within two weeks of issue, 
and entered into force thirty days after the date of  publication.  The Official Gazette was distributed 
widely and was available to all governmental bodies a nd authorities at the local and central level.  The 
Official Gazette was also available to the general public through annual subscriptions or direct sales at 
reasonable prices from bookshops, newsstands, and G overnment offices.  Although his Government 
was not legally required to give the public an oppor tunity to review draft laws and regulations, the 
public was regularly involved in the process of draf ting legislation through meetings, seminars and 
workshops, and their views were taken into account .  He stated that Yemen would abide by the 
transparency-related provisions in the WTO Agreem ents, and would ensure the publication of all  WT/ACC/SPEC/YEM/4 
 Page 61 
 
 
  relevant legislation or regulati ons related to the implementation of the WTO Agreements from the 
date of accession.   
VIII. TRADE AGREEMENTS 
220. The representative of Yemen said that his Government had signed a Free Trade Area 
Agreement with Iraq in August 2001.  Following the ratification of this FTA in June 2002, all goods 
originating in Iraq and Yemen should enjoy duty-free treatment in bilateral tr ade.  However, this 
agreement had not yet been fully implemented in pr actice.  Yemen was also a party to a preferential 
Economic, Trade, Investment and Technical Coope ration Agreement with Saudi Arabia, signed in 
August 1996, and in force since August 2000.  Under th e terms of this Agreement about 85 per cent of 
Yemen's exports to Saudi Arabia had been exempted  from customs duties and non-tariff restrictions in 
2001.  At present about 6.4 per cent of the tariff lines had been fully liberalized under this Agreement. 
Yemen became a Member of the Greater Arab Free Trade Area in 2005.   
221. Goods not covered by the FTA with Iraq and the preferential trade agreement with Saudi 
Arabia included products prohibited for religious, environmental or security reasons in accordance 
with the laws and regulations of Yemen, Iraq and Saudi Arabia.  Produc ts originating in the free zones 
of these countries were also excluded from the pref erential arrangements.  Iraqi exports to Yemen 
required a minimum of 40 per cent Iraqi value added to confer origin status, while the exports of 
Yemen, as an LDC, required only 20 per cent local  value added to qualify for duty-free treatment 
under the FTA.  Under the preferential agreemen t with Saudi Arabia, Yemeni exports required 
minimum 40 per cent local value added to qualify fo r exemptions from custom duties and non-tariff 
restrictions. 
222. Asked about the notification of Yemen's pref erential arrangements, the representative of 
Yemen stated that the existing preferential trad e agreements had been concluded with other 
developing countries in accordance with the Enabling Clause. 
CONCLUSIONS 
[to be completed] WT/ACC/SPEC/YEM/4 
Page 62 
 
 
  ANNEXES 
Laws, Regulations and other information pr ovided to the Working Party of Yemen  
− Law No. 14/2000 "On the Central Bank of Yemen"; 
− Law No. 38/1998 "On Banks"; 
− Law No. 21/1996"On Islamic Banks"; 
− Republican Decree "On Law No. 19/1995 pertaining to Money Exchange"; 
− Law No. 22/2002 "On Investment"; 
− Law No. 24/2002 "On Mines and Quarries"; 
− Law No. 45/1999 "On Privatization"; 
− Republican Decree "On Law No. 19/1999 Concerning Competition Promotion, Monopoly, and 
Commercial Deceptio n Prevention"; 
− Civil Procedure and Enforcement Law No. 40/2002; 
− Law No. 4/2000 concerning the Local Authority; 
− Ministerial Decision No. 314/1996 "On Granti ng Commercial Registration, Import Category"; 
− Law No. 22/1997 "On Commercial Companies"; 
− Law No. 1/2008 "On Amending Article No. 28 of Law No. 23/1991 with Respect to Trade Law"; 
− Law No. 14/1990 "On Customs"; 
− Draft Amendments "On Some Articles of the Customs Law No. 14/1990"; 
− Law No. 19/2001 "On General Sales Tax" and amendments in Law No. 42/2005; 
− Draft Law "On Safeguards and National Production Protection from Impacts of Harmful 
International Trade Practices"; 
− Republican Decree Law No. 127/ 1997 "On the Forming of the Supreme Council for Exports 
Development and its Technical Office"; 
− Law No. 44/1999 "On Standardization, Metrology and Quality Control"; 
− Summary of Decision No. 21/2003 "On Regulating By-law of YSMO and its Branches in the 
Governorates"; 
− Decision No. 3/2001 "On Issuance of Conformity Certificate to Metrologi cal Standards By-law"; 
− Decision No. 11/2001 "On Approving YSMO Quality Mark for National Products"; 
− Decision No. 13/2001 "On Regulations of Special  Rules and Procedures to Inspection and Check 
Processes for Local and Imported Goods and Products"; 
− Decision No. 2/2003 "On By-law of Evaluating Conformity of Goods and Enterprises to Accredited 
Metrological Standards"; 
− Decision No. 27/2006 "On By-law of Granting Yemeni Quality Mark" dated 17 September 2006; 
− Draft Chairman's Decree "On the Re gulation to Set Yemeni Standards"; 
− Guidelines for the International Co nformity Certification Programme; 
− Law No. 32/1999 "On Plant Quarantine"; 
− Law No. 17/2004 "On the Organization and Protection of Livestock"; 
− Law No. 4/1993 "On Free Zones"; 
− Law No. 3/1997 "On Government Bids, Tenders and Warehouses"; 
− Draft Law "On the Protection of Copy Rights and Related Rights"; 
− Ministerial Decision No. 353/1995 "On Implementation of Trademarks Regulations"; 
− Draft Law "On Trademarks and Geographical Indications"; 
− Draft Law "On Industrial Designs"; 
− Republican Decree Law No. 12/1994 "On Crimes and Penalties"; 
− Republican Decree on Law No. 32/1991 "On Commercial Law"; 
− Republican Decree on Law No. 5/1995 "On Labour Law";  
− Law No. 26/1999 "On Auditing of Accounts";  
− Law No. 31/1999 "On Regulation of Lawyers' Profession"; 
− Law No. 26/2002 "On Medical an d Pharmaceutical Profession"; 
− Republican Decree on Law No. 38/1991 pertaining  to Wired and Wireless Telecommunication, as 
amended; and  
− Republican Decree on Law No. 37/1992 "On Supervision and Control of Insurance Companies and 
Agents", as amended.   WT/ACC/SPEC/YEM/4 
 Page 63 
 
 
  Table 3:  State-owned Enterprises  
Enterprise State 
Shareholding 
(per cent) Capital 
(Million 
Rial) Area of 
Specialization Supervising Agency/ 
Ownership Chairman of 
the Board 
Public Telecommunication 
Corporation 100  Provision of 
telecommunication 
services  Ministry of 
Telecommunication  Kamal 
Aljabri 
Public Corporation of Water and Sanitation  100  Water distribution 
and sanitation  Ministry of Water 
and Environment  Ibrahim Al 
Mahdi 
Public Electricity 
Corporation 100  Electricity 
generation and 
distribution  Ministry of 
Electricity  Dr.  Mustafa 
Bahran 
Public Cement 
Manufacturing and 
Marketing 
Corporation 100 400 Manufacturing and 
marketing of 
cement  Ministry of Industry 
and Trade Amin Al 
Shaibani 
Public Textile and Clothing 
Corporation 100 200 Manufacturing of 
textile  Ministry of Industry 
and Trade Mohamed 
Hajeb 
Yemen Insurance and Re-Insurance Company 100  Insurance services  Ministry of Finance  Ahmed Ali 
Haddash 
Yemen 
International 
Telecommunication Company 
(TeleYemen) 95  Provision of 
international 
telecommunication services  Ministry of 
Telecommunication Kamal 
Aljabri 
Marib Poultry 
Company 68 190 Production of eggs 
and importation of 
production inputs 
(e.g. feedstuff, vaccines) Ministry of Industry 
and Trade.   Dr.  Hassan 
Alfwsail 
Yemen Airways  51  Aviation  Ministry of 
Transportation  Abdul Khaliq 
Al Qadi 
The Yemen Bank 
for Construction and Development  51 1,250 Banking services  Ministry of Finance  Abdullah 
Salem Al Jefri 
Yemen Libyan 
Holding Company 50 US$50 
million Investment  Yemen Libyan 
Holding Company Abdullah 
Mohammed 
Esshaq 
Yemeni Kuwaiti Real Estate 
Development 
Company 42 276 Real estate  Yemeni Kuwaiti 
Real Estate 
Development 
Company Khalid Al 
Obaidi 
National Tobacco and Matches 
Company 41.5 600 Manufacturing of 
cigarettes and 
matches  Ministry of Industry 
and Trade Tawfeeq Al 
Ahmer 
Marib Insurance Company 37 100 Insurance  The Yemen Bank for 
Reconstruction and 
Development  Ali Hashim 
Saba Insurance 
Company 9 100 Insurance   Mohamed 
Mustafa 
Arab Insurance Company 4 100 Insurance   Adel 
Albanna 
 WT/ACC/SPEC/YEM/4 
Page 64 
 
 
  Table 4:  Privatization  
Enterprise Status 
I. Projects subject to Privatization 
Industrial Sector 
General Corporation for Salt, Aden Evaluated 
Biscuit and Candy Factory, Ad en Privatized, ownership tran sferred to private sector 
Automatic Bakery, Aden Privatized, owne rship transferred to private sector 
Dairy  Factory, Aden Liquidated 
Canada Dry Factory, Aden Re situated to original owner 
National Tanning Factory, Aden Resituated to original owner 
Tomato Paste Factory, Lahj Liquidation in progress 
Textile and Spinning Factory, Aden Privatization approved though leasing 
National Company for Aluminium Manufacturing, 
Aden Evaluation decision issued for privatization 
National Company for Sponge and Metal Furniture 
Ltd., Aden Privatized and sold to private sector 
Al Thawra Metal Products Privatized, ow nership transferred to private sector 
The Public Bakery  Equipment sold land leased for other purposes 
Public Corporation for Industrial Estate Liquidation in progress 
Yemen Salt and Gypsum Mining and Marketing Co. Privatized, ownership transferred to its employees 
Leather Shoe Factory Land and building resituated to original owner and 
equipment sold 
Leather Products Cooperative  Land and building resituated to original owner and 
equipment sold 
Martyrs' Garments Factory Land and building resituated to original owner and 
equipment sold 
Vegetable Oil Factory Equipment so ld, land leased for 30 years 
Soap Factory Equipment sold 
Women's sewing Cooperative Liquidation 
Emulsion and Paints Company Privatized 
Agricultural and I rrigation Sector 
General Company for Potato Seed Production, 
Dhammar Evaluation study approved, privatization in progress 
General Company for Vegetable Seed Production, 
Saiyoun Privatized, ownership transf erred to private sector 
Agricultural Machinery Rental Station, Saiyoun Pr ivatized, ownership transferred to its employees 
General Corporation for Digging Well Liquidated 
Dates Packing Unit, Saiyoun Liquidation in progress 
General Cooperation for Agricultural Services Evaluation study has approved, privatization 
procedures under progress 
Dar Sa'ad Poultry Liquidated 
Transport Sector 
General Corporation for Land Transport Ev aluation privatization is in progress 
Aden Dockyards  Study in progress 
Airport Ground Handling Services  
Fishery Sector 
Central Unit for Maintenance and Services Study in progress  
Shograh Fish Canning Factory, Abyan Announced publicly for privatization, no offers 
received negotiation in progress for the sale of factory  
Port of Nashtonne, Al-Mahra Privatization approved through leasing   WT/ACC/SPEC/YEM/4 
 Page 65 
 
 
  Enterprise Status 
Trade Sector 
Consumption Society for State, Public, and Mixed 
Sector Employees Liquidation 
General Corporation for Foreign Trade and Grain Liquidation in progress 
Public Corporation for Building Material Trade/Aden Liquidation in progress 
Public Corporation fo r Textile and Electric 
Supplies/Aden Liquidation  
Yemen Company for Free Trade (Al-Na sr)/Aden Liquidation in progress 
Hodeidah Grain Silos Company, Hodeidah  Has be en privatized and sold to private sector  
Public Corporation for Building Material Trade in 
Lahej, Abyan, Shabowah, and Hadramout Liquidation in progress  
Banking Sector 
Cooperative & Agricultural Credit Bank Restructuring  
Industrial Bank Liquidated 
National Bank of Yemen Evaluation Study concluded 
Housing Credit Bank Study in progress 
Oil Sector 
Aden Refinery Company  
Tourism Sector 
Gold Mohuer (Sheratonne) Hotel, Aden Sold to private sector 
Diplomatic Club, Aden Sold to private sector 
Yemeni Club, Aden Sold to private sector 
Sailors' Club, Aden Sold to private sector 
Nashwan Club Sold to private sector 
Labors' Isle Resort, Aden Sold the site to private sector 
II. Projects that have been Privatized or Liquidated 
Aden Hotel (Aden) Privatized 
26 September Hotel (Aden ) Privatized 
Al-Hilal Hotel (Aden ) Privatized 
Ardh Al-Ganateen Hotel Privatized   
Thala Hotel Privatized  
Public Poultry Corporation (Aden)  Liquidated  
Rosaba Farm Privatized  
Fruits and Vegetables Corporation Liquidated  
National Shipping Company Privatized  
Yemen Navigation Lines Company Identified for liquidation  
Yemen Investment and Finance Company Liquidated  
  
  WT/ACC/SPEC/YEM/4 
Page 66 Table 6:  Other Duties and Charges on Imports  
No. HS 
Code Description Duty/Charge Purpose Legal Reference 
1. 24.02 Cigarettes YRls 1 per pack - A financial resource to contribute to "Illiteracy 
Eradication and Adult L earning Agency" that 
aims at, inter alia , eradicating illiteracy and 
providing opportunities for adult education. - Law No. (28) of 1998 on Illiteracy 
Eradication and Adult Learning. 
2.  - Packages entering by 
land, sea, or air ports 
 
 
 
 
 - Packages entering by 
land- or sea-ports 
  
 
- Packages entering by 
air ports YRls 1 per package 
  
 
 
 
 YRls 10 per package 
 
 
 
 YRls 20 per package - A financial resource to contribute to the 
"Heritage and Cultural Development Fund" which aims at, inter alia , contributing to the 
cultural development, documenting and 
maintaining heritage through different 
programs, projects and activities. 
 - A financial resource collected by the 
governorates aiming at funding economic and 
social plans and projects. 
 
 
- A financial resource collected by the 
governorates aiming at funding economic and 
social plans and projects. - Law No. (11) of 2002 on the 
Establishment of Heritage and Cultural Development Fund. 
 
 
 
 - Cabinet Decision No. (283) of 2001 on 
specification of local fees in 
implementation of Article (123) of Local Authority Law No. (4) of 2000. 
 
- Cabinet Decision No.  (283) of 2001 on 
specification of local fees in 
implementation of Article (123) of Local 
Authority Law No. (4) of 2000. 
3.  - Customs declaration 
form YRls 100 for each 
form - A financial resource contributing to the 
"Handicapped and Rehabilitation Fund" which 
aims at, inter alia , funding programs, projects 
and activities in favour of the handicapped. - Law No. (2) of 2002 regarding 
Handicapped Care and Rehabilitation 
Fund. 
  
   WT/ACC/SPEC/YEM/4
 Page 67Table 7:  Fees and Charges for Services Rendered on Imports  
 
S/N HS Code Description Fee Purpose Legal Reference 
1.  
 
  
 
Products covered in Chapter 02.00 
 
 
 
01.02 01.04 
Products covered in 
chapter 04.07-08 
 
01.06.39 03.01.10 
23.09.10 A. Feedstuff inputs for animal health:
 
 - Ingredients for feedstuff 
(cereals, soya, etc.) 
 - Concentrations and additives of 
feedstuff 
 - Drugs, vaccines, antiseptics, etc.  
B. Meat of animal and poultry
  
 - Chilled meat 
 - Frozen meat 
 C. Live animals, edible eggs and eggs 
for hatching:  
 - Bovine animals and camels  - Sheep and goats 
 - Chicken one day old for 
breeding 
 - Chicken one day old for 
hatching 
 - Eggs for hatching  - Eggs 
 - Ornamental fish and birds put 
up for trading 
 - Dog or cat food  
- YRls 30 per tonne 
 - YRls 50 per tonne 
 
- 1% of the value of the 
invoice 
 
- YRls 400 per tonne 
- YRls 500 per tonne 
  
 
- YRls 120 for each animal - YRls 70 for each animal 
- YRls 3 for each chicken 
 - YRls 5 for each chicken 
 
- YRls 1 per egg - YRls 2 per egg 
- 2% of the value of the 
invoice 
- 1% of the value of the 
invoice Fees for quarantine services 
including the collection and 
transfer of samples to an accredited laboratory
 Law No. 17/2004 on 
Protection and Regulation of 
Animal Resources. 
2. Products covered in 
Chapter 06.00 Plant consignment - YRls 2,000 
 - YRls 2,000   
 
- YRls 3,000     - YRls 3,000     - Import permit fee 
 
- Fees for a form of the 
procedures related to the plant quarantine of each consignment 
- Lab examination costs for 
each type or variety of consignment of seeds, tubers, bulbs, rhizomes seedlings, corms 
- Lab examination costs for 
each type or variety of consignment of manufactured organic fertilizers or artificial soil. 
- Law No. 32/1999 on 
Plant Quarantine. 
- Ministerial Decree 
No. 29/2002 on determining the fees to be charged on plant consignments which are subject to the provisions of the Law on Plant Quarantine and the conditions for exemption from such fees.
  
  WT/ACC/SPEC/YEM/4 
Page 68 S/N HS Code Description Fee Purpose Legal Reference 
- YRls 50 
 - YRls 100
 - For each 20 seedlings or 
suckers 
- For each bunch of cuttings 
(not more than 50 cuttings)  
3. 36.01-04 Explosives and Fireworks - 2% of the value of 
importation Fees for import permit. Law No. 40/1992 on 
Regulation of Possession of Weapons and Ammunitions 
and Trading thereof. 
4. 38.08 Pesticides  - Two per thousand 
(2/1000) of the importation value Fees for import permit. Law No. 25/1999 on 
Regulation of Pesticides Circulation. 
5. Chapter 31 Fertilizers - 3,000 YRls for each 
permit 
 - Determined according to 
the cost of each item - Fees for import permit 
 
- Fees for lab. exam Decision of the Minister of 
Agriculture No. 43/2005 on 
Fees for Services of Registration and Examination 
of Seeds and Agricultural 
Fertilizers. 
6. Included in chapter 12 Seeds - 3,000 YRls for each 
permit 
- 3,000 YRls - Fees for import permit 
 
- Fees for lab. exams Decision of the Minister of 
Agriculture No. 43/2005 on 
Fees for Services of 
Registration and Examination 
of Seeds and Agricultural 
Fertilizers. 
7. - Included in 
chapter 49 
 
 - Included in 
chapter 37 
  
 
  
 
- Included in 
chapter 85 Artistic and literary works - YRls 5,000 
 
 
 - YRls 10,000 
 
  
- YRls 10,000 
  
 
- YRls 5,000 - Fees for import permit for 
publications, stationery, 
newspapers and magazines 
 - Fees for import permit of 
cinema films and their 
distribution 
 
- Fees for import permit for 
video films and cassettes and their distribution 
 
- Fees for import permit for 
audio tapes and CDs and 
their distribution - The Press and Publications 
Law No. 25/1990 and its regulation. 
 
- Decision of the Minister 
of Culture and Tourism 
No. 76/1994 on the Issue 
of Permit Fees for Printing and Publishing 
Houses, Cinema, and 
Stores of Publications Display. 
8.  Animal wealth - YRls 1,000 for each 
permit - Fees for import permit Law No. 17/2004 on 
Regulation and Protection of 
Animal Resources.  
   WT/ACC/SPEC/YEM/4
 Page 69S/N HS Code Description Fee Purpose Legal Reference 
9.  Drugs and medical appliances - 1% for each importation 
application - Fees for import permit Republican Decree 
No. 44/1971 on the 
Establishment of the Supreme Board of Drugs and Medical 
Appliances. 
10.  Goods in warehouses - 3% of the value of 
warehoused goods - Fees for warehouse 
supervision - Customs Law 
No. 14/1990. 
- Decision of Vice- Prime 
Minister, Minister of 
Finance, No. 399/2002 on Standardization of 
Supervision fees 
Specified for Private and Real Warehouses. 
11.  Goods subject to accredited standard s One per thousand of the value 
of consignment (minimum 
YRls 10,000- maximum YRls 200,000) Fees to issue assessment 
certificates - Decision of the Minister 
of Industry and Trade 
No. 2/2003 on the Regulations of 
Conformity Assessment 
of Goods and Enterprises 
to Accredited Standards. 
12.  - Customs declarations (all forms) 
 - Overtime form 
- Customs declaration for vehicles - YRls 60 for each customs 
declaration 
- YRls 60 for each form 
- YRls 500 for each 
customs declaration Publication fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 182/1994 
on Amendment to Decision No. 302/1990 
concerning the 
determination of the value of certain prints 
related to customs paper 
process and procedures of their collection.  
  WT/ACC/SPEC/YEM/4 
Page 70 S/N HS Code Description Fee Purpose Legal Reference 
13.  A. Parcels placed in warehouses and 
stores: 
 - Parcel weighing 50kg or less  
 - Parcel weighing more than 50kg 
 B. Parcels placed in yards of customs 
and free zones as follows: 
 - Parcel weighing 50kg or less  
 - Parcel weighing more than 50kg 
  
C. Fees of storing, porting, insuring 
the parcels placed on customs yards and free zone yards per tonne or 
less than a tonne 
** The goods pointed out previously 
are exempted from fees of storing, 
porting and insuring for the first 
week of their arrival. 
** These fees are doubled starting 
from the third week onward provided that the fees do not exceed 
half the value of the goods when 
they are released from customs. 
 
D. Fees of wrapping, packing and 
sealing of parcels as follows: 
 - Lead-sealing a parcel; 
 - Lead-sealing pallets; and 
 - Lead-sealing a car  
 
- YRls 15 per parcel a week 
or less than a week 
- YRls 20 per parcel a week 
or less than a week 
 
 
- YRls 5 per parcel a week 
or less than a week 
- YRls 10 per tonne or part 
of tonne a week or less than a week 
- YRls 100 per parcel a 
week or less than a week 
 
 
  
 
 
 
  
 
  
 
 - YRls 10 per parcel 
- YRls 50 per pallet 
- YRls 200 per car Service fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 347/1990 
on determination of 
services fees on goods placed in yards, 
warehouses, stores, and 
free zones managed by the Customs Authority.  
   WT/ACC/SPEC/YEM/4
 Page 71S/N HS Code Description Fee Purpose Legal Reference 
14.  Seaports (upon a request from the party 
concerned) 
- Loading or unloading goods 
onto/off ships outside working 
hours except for wheat 
- Clearing goods after 2:00 pm until 
6:00 pm 
- Clearing goods after 6:00 pm until 
10:00 pm 
- Clearing goods after 10:00 pm until 
8:00 am 
- Goods sent out of the dock not 
within the working hours 
 
Airports (clearing goods not within working hours upon the request of the 
party concerned): 
- 1-300 cartons - 300-400 cartons 
- 400 cartons or more 
- Per special flight (charter) 
- Per cleared common flight 
(passengers + goods) 
 
Land ports and transportation points 
(clearing goods not within working hours, upon the request of the party 
concerned): 
- Vehicles (trailers) - Heavy trucks 
- Big trucks 
- Pick-up trucks - Trucks loaded with goods of 
Government tenders  
 
- YRls 100 per tonne  
 
- YRls 200 per hour/for 
each employee 
- YRls 250 per hour/for 
each employee 
- YRls 300 per hour/for 
each employee 
- YRls 100 per truck  
 
  
 
- YRls 1,500 - YRls 2,000 
- YRls 2,500 
- YRls 5,000 
- YRls 2,500 
  
 
  
 
- YRls 2,500 - YRls 2,000 
- YRls 1,500 
- YRls 300 - YRls 100 Fees for overtime work - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 342/ 1991 
regarding the 
determination of overtime value taken 
from the owners of 
goods. 
15.  Vehicles temporarily entering the 
country belonging to non-residents 200 Saudi Arabian Riyals 
(SRLS) or equivalent in foreign currency and SRLS 100 for any 
further renewal Service fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 19/2000 
pertaining to Amendment 
to Decision No. 92/1999 
on Payment of Services Fees on Vehicles.  
  WT/ACC/SPEC/YEM/4 
Page 72 S/N HS Code Description Fee Purpose Legal Reference 
16.  Customs Declaration - YRls 2,000 
 
- YRls 1,000 - Fees for each damaged/lost 
customs declaration 
- Fees for each clarification 
of a customs declaration - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 111/1996 
on Payment of Services 
Fees for Obtaining  customs documents for 
lost or damaged  data 
(clarification of data for a customs declaration). 
  
   WT/ACC/SPEC/YEM/4
 Page 73Table 9:  Fees on Domestic and Imported Products  
No. HS Code Description Fees Purpose Legal Reference 
1. 04 - 04.01  
20.09 
22.01 - Milk 
- Juices 
- Water, soft drinks YRls 1 per box or 
cartons - A financial resource for the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining 
heritage through many different programs, 
projects and activities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
2. 24.02 - Cigarettes YRls 5 per 10 packs 
 
 
 
 
  
YRls 5 per pack 
  
 
  
YRls 5 per pack 
  
 
  
YRls 5 per 10 packs - A financial resource for the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining 
heritage through many different programs, 
projects and activities. 
 
- A financial resource to the "Youth Fund" 
aiming at, inter alia , supporting sports of 
the youth, programs and activities and 
contributing to the construction of sports 
facilities.  
 
- A financial resource to the "Handicapped 
and Rehabilitation Fund" which aims at, inter alia , funding programs, projects and 
activities for rehabilitating and caring about 
the handicapped. 
 
- Fees for cleaning and maintaining cities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
 
 
 
  
- Law No. (36) of 1999 on the amendment of 
Article (11) of law (10) of 1996 regarding the Establishment of Youth Fund. 
 
  
- Law No. (2) of 2002 on Handicapped Care 
and Rehabilitation Fund. 
 
 
  
- Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund.  
  WT/ACC/SPEC/YEM/4 
Page 74 No. HS Code Description Fees Purpose Legal Reference 
3 25.23 - Cement YRls 1 for each 
cement bag 
  
 
  
YRls 5 per cement bag 
of 50kg  
 
  
YRls 10 per cement 
bag (50kg) - A financial resource to the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining 
heritage through different programs, 
projects and activities. 
 
- A financial resource to the "Youth Fund" 
aiming at, inter alia , supporting sports for 
the young, programs and activities and 
contributing to the construction of sports 
facilities. 
 
- Fees for Cleaning and Maintaining cities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
  
 
  
- Law No. (36) of 1999 on the amendment of 
Article (11) of law (10) of 1996 regarding the Establishment of Youth Fund. 
 
  
- Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund. 
4  - Parcels or cartons YRls 5 per parcel or 
cartons 
(Note that collection of fees on imports takes 
place at the time of 
issuing a letter of credit) - Fees for cleaning and maintaining cities. - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund. 
5 10.01 
10.06 
11.01 - Basic food 
commodities YRls 5 per bag - Fees for cleaning and maintaining c ities. - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund. 
  WT/ACC/SPEC/YEM/4 
 Page 75 
 
 
  Table 10:  Import Prohibitions  
 
List A - Prohibited Products Justifie d under Articles XX and XXI of the GATT 1994  
 
No. HS Code Description Reason of 
Prohibition WTO 
Justification 
1. 01031000 - Pure- Bred breeding animals Religious Article XX 
2. 01039100 -- Weighing less than 50 kg Religious Article XX 
3. 01039200 -- Weighing 50 kg or more Religious Article XX 
4. 02031100 -- Carcasses and half-Carcasses Religious Article XX 
5. 02031200 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
6. 02031900 -- Other Religious Article XX 
7. 02032100 -- Carcasses and half-carcasses Religious Article XX 
8. 02032200 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
9. 02032900 -- Other Religious Article XX 
10. 02063000 - Of swine, fresh or chilled Religious Article XX 
11. 02064100 -- Livers Religious Article XX 
12. 02064900 -- Other Religious Article XX 
13. 02090010 --- Of pig Religious Article XX 
14. 02101100 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
15. 02101200 -- Bellies (streaky) and cuts thereof Religious Article XX 
16. 02101900 -- Other Religious Article XX 
17. 02109920 --- of meat and meat offal of swine Religious Article XX 
18. 05021000 - Pigs', hogs' or boars' bristles and hair and waste 
thereof Religious Article XX 
19. 12079100 -- Poppy Seeds Religious/health Article XX 
20. 15010010 --- of pig Religious Article XX 
21. 15030010 --- of pig Religious Article XX 
22. 15171010 --- Imitation pig fats containing pig fats Religious Article XX 
23. 15179010 --- Imitation pig fats containing pig fats and other 
prepared alimentary fats Religious Article XX 
24. 16010010 --- Sausages and products, preparations of this 
heading made of pig Religious Article XX 
25. 16010020 ----alimentary items  made of blood Religious Article XX 
26. 16021010 --- of meat and meat offal of pig Religious Article XX 
27. 16021020 --- preparations of blood Religious Article XX 
28. 16022010 --- of pig Religious Article XX 
29. 16024100 -- Hams and cuts thereof Religious Article XX 
30. 16024200 -- Shoulders and cuts  thereof Religious Article XX 
31. 16024900 -- Other, including mixtures Religious Article XX 
32. 16029010 ---preparations of pig blood Religious Article XX 
33. 16029020 ---preparations of blood Religious Article XX 
34. 16030020 ---of pigs Religious Article XX 
35. 17041010 --- Chewing gum, whether or not sugar-coated 
containing alcohol Religious Article XX 
36. 17049020 --- Confectionary  containing alcohol Religious Article XX 
37. 18062010 --- Other preparations in blocks, slabs or bars 
weighing more than 2 kg or in liquid, paste, 
powder, granular or other bulk form in containers 
or immediate packings, of a content exceeding 2 kg 
containing alcohol Religious Article XX 
38. 18063110 --- containing alcohol Religious Article XX 
39. 18063210 --- containing alcohol Religious Article XX 
40. 18069010 ---Chocolate  containing alcohol Religious Article XX 
41. 19022010 --- Macaron i stuffed with pig meat or m eat offal Religious Article XX 
42. 19059020 ----alimentary items  made of blood Religious Article XX WT/ACC/SPEC/YEM/4 
Page 76  
 
  No. HS Code Description Reason of 
Prohibition WTO 
Justification 
43. 20081110 ---prepared or preserved by alcoholic Religious Article XX 
44. 20081991 ---- prepared or preserved by alcoholic Religious Article XX 
45. 20082010 --- prepared or preserved by alcoholic Religious Article XX 
46. 20083010 --- prepared or preserved by alcoholic Religious Article XX 
47. 20084010 --- prepared or preserved by alcoholic Religious Article XX 
48. 20085010 --- prepared or preserved by alcoholic Religious Article XX 
49. 20086010 --- prepared or preserved by alcoholic Religious Article XX 
50. 20087010 --- prepared or preserved by alcoholic Religious Article XX 
51. 20088010 --- prepared or preserved by alcoholic Religious Article XX 
52. 20089110 --- prepared or preserved by alcoholic Religious Article XX 
53. 20089210 --- prepared or preserved by alcoholic Religious Article XX 
54. 20089910 --- prepared or preserved by alcoholic Religious Article XX 
55. 21041011 ---- Of pig meat, bowls and meat offal Religious Article XX 
56. 21041013 ----Soups and broths  containing  blood Religious Article XX 
57. 21041021 ---- Of pig meat, bowls and meat offal Religious Article XX 
58. 21041023 ---- Soup and broth preparations of Animal blood Religious Article XX 
59. 21042010 --- Of pig meat, bowls and meat offal Religious Article XX 
60. 22030000 Beer made from malt Religious Article XX 
61. 22041000 - Sparkling wine Religious Article XX 
62. 22042100 -- In containers holding 2 litres or less Religious Article XX 
63. 22042900 -- Other Religious Article XX 
64. 22043000 - Other Grape must Religious Article XX 
65. 22051000 - In containers holding 2 litres or less Religious Article XX 
66. 22059000 - Other Religious Article XX 
67. 22060000 Other fermented beverages (for example, cider, 
perry, mead); mixtures of fermented beverages and 
mixtures of fermented beverages and non- 
Alcoholic beverages, not elsewhere specified or 
included Religious Article XX 
68. 22071090 --- Other Religious Article XX 
69. 22072090 --- Other Religious Article XX 
70. 22082000 - spirits obtained by distilling grape wine or grape 
marc Religious Article XX 
71. 22083000 - Whiskies Religious Article XX 
72. 22084000 - Rum and tafia Religious Article XX 
73. 22085000 - Gin and Geneva Religious Article XX 
74. 22086000 - Vodka Religious Article XX 
75. 22087000 - Liqueurs and cordials Religious Article XX 
76. 22089000 - Other Religious Article XX 
77. 23070010 --- wine lees Religious Article XX 
78. ex 284440 
ex 294140 
ex 300390 ex 300490 Cloramphenicol and its compounds health Article XX 
79. ex 293219 
ex 300390 
ex 300490 Nitrofuran Group h ealth Article XX 
80. 40122000 - used pneumatic tyres Environmental Article XX 
81. 41033000 - of swine Religious Article XX 
82. 41063100 -- In the wet state (including wet- Blue) Religious Article XX 
83. 41063200 -- in the dry state (crust) Religious Article XX 
84. 41132000 - of swine Religious Article XX 
85. 56081110 --- Fishing nets with holes less then 20mm Environmental Article XX 
86. 70071110 --- vehicles shady glass Security Article XXI  WT/ACC/SPEC/YEM/4 
 Page 77 
 
 
  No. HS Code Description Reason of 
Prohibition WTO 
Justification 
87. 70071910 --- vehicles shady glass Security Article XXI 
88. 70072110 --- vehicles shady glass Security Article XXI 
89. 70072910 --- vehicles shady glass Security Article XXI 
90. 84082010 --- Second Hand Diesel Engines for Passenger 
Vehicles Environmental Article XX 
91. ex 851892 Listening devi ces  Security Article XXI 
92. ex 854390 Decoders  Security Article XXI 
93. ex 8701 
ex 8702 ex 8703 
ex 8704 
ex 8705 The following items in chapter 87 are prohibited: 
1- Vehicles manufactured  8 years ago including the 
year of manufacture 
2- Right-steering wheel vehicles. 
3- Vehicles with shifted wheels and technically unfit.  
4- Vehicles with tinted glass even if it is tinted by 
manufacturing except for vehicles entering the country temporarily for visit purpose. Environmental Article XX 
94.  More than 15 years old machines (+ the year of 
manufacture) Environmental Article XX 
95. ex 900691 Cameras that show the human body naked Religious Article XX 
96. 95049091 ---- Gambling  tables, machines and tools Religious Article XX 
 
  WT/ACC/SPEC/YEM/4 
Page 78  
 
  List B - Pesticides
 
 
No. Common Name CAS No. Formula Type of Pesticide 
1. 2,4,5-T and its salts 93-76-5 C 8H5Cl3O3 Herbicide 
2. 1,3-dichloropropene 542-75-6 C 3H4Cl2 Fumigant and 
Nematicide 
3. Acetochlor 34256-82-1 C 14H20ClNO 2 Herbicide 
4. Acifluorfen 62476-59-9 C 14H6ClF 3NNaO 5 Herbicide 
5. Acrolein 107-02-8 C 3H4O Algicide 
6. Acrylonitrile 107-13-1 C 3H3N Fumigant and 
Insecticide 
7. Alachlor 15972-60-8 C 14H20ClNO 2 Herbicide 
8. Aldicarb 116-06-3 C 7H14N2O2S Insecticide 
9. Aldoxycarb 1646-88-4 C 7H14N2O4S Insecticide and 
Nematicide 
10. Aldrin (HHDN) 309-00-2 C 12H8Cl6 Insecticide 
11. Allyl alcohol 107-18-6 C 3H6O Herbicide 
12. Aminocarb 2032-59-9 C 11H16N2O2 Insecticide 
13. Amitrole 61-82-5 C 2H4N4 Herbicide 
14. Aramite 140-57-8 C 15H23ClO 4S Acaricide 
15. Arsenic (acid, pentoxide 
and arsenate, sodium) 12002-03-8, 75-60-5, 1327-
53-3, 7778-39-4, 7778-44-1 
and 7784-40-9  Fungicide 
16. Arsenous oxide 1327-53-3 As 4O6 Rodenticide 
17. Azinphos- ethyl 2642-71-9 C 12H16N3O3PS2 Insecticide 
18. Azinphos methyl 86-50-0 C 10H12N3O3PS2 Insecticide 
19. Azobenzene 103-33-3 C 12H10N2 Acaricide 
20. Bendiocarb 22781-23-3 C 11H13NO 4 Insecticide 
21. Benfuracarb 82560-54-1 C 20H30N2O5S Insecticide 
22. Benomyl 17804-35-2 C 14H18N4O3 Fungicide 
23. Bifenthrinm   82657-04-3 (Cis) 
83322-02-5 (Trans) C23H22ClF 3O2 Insecticide and 
Acaricide 
24. Binapacryl 485-31-4 C 15H18N2O6 Acaricide and 
Fungicide 
25. Blasticidin-S 2079-00-7 C 17H26N8O5 Fungicide 
26. Bronopol 52-51-7 C 3H6BrNO 4 Bactericide 
27. Butoxycarboxim 34681-23-7 C 7H14N2O4S Insecticide and 
Acaricide 
28. Butylate butachlor 23184-66-9 C 11H23NOS Herbicide 
29. Cadmium and its 
compounds 12001-20-6 and 7784-40-9 - Insecticide 
  
30. Calcium arsenate 7778-44-1 As 2Ca3O8 Insecticide 
31. Calcium cyanide 592-01-8 and 74-90-8 C 2CaN 2 Insecticide and 
Fumigation 
32. Captafol      (Difolatan) 2425-06-1; 2939-80-2 C 10H9Cl4NO 2S Fungicide 
33. Captan 133-06-2 C 9H8Cl3NO 2S Fungicide 
34. Carbaryl 63-25-2 C 12H11NO 2 Insecticide 
35. Carbofuran 1563-66-2 C 12H15NO 3 Insecticide, 
Acaricide and 
Nematicide 
36. Carbon tetrachloride 56-23-5 CCl 4 Fumigation and 
Insecticide 
37. Carbophenothion 786-19-6 C 11H16ClO 2PS3 Insecticide 
38. Carbosulfan 55285-14-8 C 20H32N2O3S Insecticide 
39. Chinomethionat 02/01/2439 C 10H6N2OS 2 Acaricide and 
Fungicide  WT/ACC/SPEC/YEM/4 
 Page 79 
 
 
  No. Common Name CAS No. Formula Type of Pesticide 
40. Chlordane 57-74-9 C 10H6Cl8 Insecticide 
41. Chlordecone 143-50-0 C 10Cl10O Insecticide 
  
42. Chlordimeform 6164-98-3 C 10H10ClN 2 Acaricide 
43. Chlorethoxyfos 54593-83-8 C 6H11Cl4O3PS Insecticide 
44. Chlorfenvinphos 470-90-6 C 12H14Cl3O4P Insecticide 
45. Chlormephos 24934-91-6 C 5H12ClO 2PS2 Insecticide 
46. Chlorobenzilate 510-15-6 C 16H14Cl2O3 Acaricide 
47. Chlorophacinone 3691-35-8 C 23H15ClO 3 Rodenticide 
48. Chlorothalonil 1897-45-6 C 8Cl4N2 Fungicide 
49. Chlorthiophos 60238-56-4 C 11H15Cl2O3PS2 Insecticide 
50. Chromium VI compounds   Insecticide and 
Fungicide 
51. Cloethocarb 51487-69-5 C 11H14ClNO 4 Insecticide and 
Nematicide 
52. Coumaphos 56-72-4 C 14H16ClO 5PS Insecticide 
53. Crotoxyphos 7700-17-6 C 14H19O6P Insecticide 
54. Cyanazine 21725-46-2 C 9H13ClN 6 Herbicide 
55. Cyanophos 2636-26-2 C 9H10NO 3PS Insecticide 
56. Cycloheximide 66-81-9 C 15H23NO 4 Fungicide 
57. Cyhexatin 13121-70-5 C 18H34OSn Acaricide 
58. Cypermethrin beta-
Cypermethrin 52315-07-8 
65731-84-2 C22H19Cl2NO 3 Insecticide 
59. alpha and theta -
Cypermethrin 71697-59-1 
67375-30-8 C22H19Cl2NO 3 Insecticide 
60. zeta-cypermethrin 52315-07-8 C 22H19Cl2NO 3 Insecticide 
61. Cyproconazole 94361-06-5 C 15H18ClN 3O Fungicide 
62. Daminozide 1596-84-5 C 6H12N2O3 Plant Growth 
Regulator 
63. DDT and metabolite 50-29-3 C 14H9Cl5 Insecticide 
64. Demephion 682-80-4 C 5H13O3PS2 Insecticide 
65. Demephion-O and -S 2587-90-8  8065-62-1 C 5H13O3PS2 Insecticide and 
Acaricide 
66. Demetonne 8000-97-3 C 8H19O3PS2 Insecticide and 
Herbicide 
67. Demetonne-O and -S 298-03-3 126-75-0 C 8H19O3PS2 Insecticide and 
Acaricide 
68. Dibromochloro-propane 
(DBCP) 96-12-8 C 3H5Br2Cl Herbicide 
69. Dichlorovos (DDVP) 62-737 C 4H7Cl2O4P Insecticide 
70. Dicofol 115-32-2 C 14H9Cl5O Acaricide 
71. Dicrotophos 141-66-2 C 8H16NO 5P Insecticide 
72. Dieldrin 60-57-1 C 12H8Cl6O  Insecticide 
73. Dimefox 115-26-4 C 4H12FN 2OP Insecticide and 
Acaricide 
74. Dimethoate 60-51-5 C 5H12NO 3PS2 Insecticide 
75. Dimetilan 644-64-4 C 10H16N4O3 Insecticide 
76. Dimetonne-S-methyl 919-86-8 C 6H15O3PS2 Insecticide 
77. Dimetonne-S-
methylsulphon 17040-19-6 C 6H15O5PS2 Insecticide 
78. Dinoseb and its salts 88-85-7 C 10H12N2O5 Herbicide 
79. Dinoterb acetate 3204-27-1 C 12H14N2O6 Herbicide 
80. Dioxathion 78-34-2 C 12H26O6P2S4 Herbicide 
81. Disulfotonne 298-04-4 C 8H19O2PS3 Insecticide and 
Acaricide WT/ACC/SPEC/YEM/4 
Page 80  
 
  No. Common Name CAS No. Formula Type of Pesticide 
82. DNOC and its salts 534-52-1 C 7H6N2O5 Insecticide 
83. Edifenphos (EDDP) 17109-49-8 C 14H15O2PS2 Fungicide 
84. Endosulfan 115-29-7 C 9H6Cl6O3S Insecticide 
85. Endrin 72-20-8 C 12H8Cl6O  Insecticide 
86. EPN 2104-64-5 C 14H14NO 4PS Insecticide 
87. Epoxiconazole 106325-08-0 C 17H13ClFN 3O Fungicide 
88. Ethiofencarb 29973-13-5 C 11H15NO 2S  Insecticide 
89. Ethylene dibromide 106-93-4 C 2H4Br2 Fumigationand 
Herbicide 
90. Ethylene dichloride 107-06-2 C 2H4Cl2 Fumigation and 
Insecticide 
91. Ethylene oxide 75-21-8 C 2H4O Fumigation 
92. Etrimfos 38260-54-7 C 10H17N2O4PS Insecticide 
93. Fenamiphos 22224-92-6 C 13H22NO 3PS Nematicide and 
Insecticide 
94. Fenthion (MPP) 55-38-9 C 10H15O3PS2 Insecticide  
95. Fensulfothion 115-90-2 C 11H17O4PS2 Nematicide and 
Insecticide 
96. Fenitrothion 122-14-5 C 9H12NO 5PS Insecticide 
97. Fensulfothion 115-90-2 C 11H17O4PS2 Nematicide and 
Insecticide 
98. Flucythrinate 70124-77-5 C 26H23F2NO 4 Insecticide 
99. Fluometuron 2164-17-2 C 10H11F3N2O Herbicide 
100. Fluoroacetamide 640-19-7 C 2H4FNO Rodenticide and 
Insecticide 
101. Fluvalinate 
Tau-fluvalinate 69409-94-5 
102851-06-9 C26H22ClF 3N2O3 Insecticide 
102. Folpet 133-07-3 C 9H4Cl3NO 2S Fungicide 
103. Fonofos 944-22-9 C 10H15OPS 2 Insecticide 
104. Formaldehyde 50-00-0 CH 2O Fumigation , 
Fungicide and Acaricide 
105. Formetanate 2259-30-9 C 11H15N3O2 Acaricide 
106. Fosetyl-Al 39148-24-8 
9148-2408 C6H18AlO 9P3 Fungicide 
107. Fosmethilan 83733-82-8 C 13H19ClNO 3PS2 Insecticide 
108. Furathiocarb 65907-30-4 C 18H26N2O5S Insecticide 
109. Furmecyclox 60568-05-0 C 14H21NO 3 Fungicide 
110. Haloxyfop-P 72619-32-0 C 16H13ClF 3NO 4 Herbicide 
111. Heptachlor epoxide 76-44-8 C 10H5Cl7 Insecticide 
112. Heptenophos 23560-59-0 C 9H12ClO 4P Insecticide 
113. Hexachlorobenzene 118-74-1 C 6Cl6 Fungicide and 
Insecticide 
114. Hexachlorobutadiene 87-68-3 C 4Cl6 Fungicide 
115. Hexaconazole 79983-71-4 C 14H17Cl2N3O Fungicide 
116. Isazofos 42509-80-8 C 9H17ClN 3O3PS Insecticide and 
Nematicide 
117. Isofenphos 25311-71-1 C 15H24NO 4PS Insecticide 
118. Isoprocarb 2631-40-5 C 11H15NO 2 Insecticide 
119. Isothioate 36614-38-7 C 7H17O2PS3 Insecticide 
120. Isoxathion 18854-01-8 C 13H16NO 4PS Insecticide 
121. Lactofen 77501-63-4 C 19H15ClF 3NO 7 Fungicide 
122. Lead arsenate 7784-40-9 AsHO 4Pb Insecticide 
123. Leptophos 21609-90-5 C 13H10BrCl 2O2PS Insecticide  WT/ACC/SPEC/YEM/4 
 Page 81 
 
 
  No. Common Name CAS No. Formula Type of Pesticide 
124. Lindane, BHC, Beta and 
alpha BHC and HCH 58-89-9, 319-85-7,319-84-6 
and 608-73-1 C6H6Cl6  Insecticide and 
Rodenticide 
125. Malathion 121-75-5 C 10H19O6PS2 Insecticide 
126. Maneb 12427-38-2 C 4H6MnN 2S4 Fungicide 
127. Mercury and mercury 
compounds: 
- Mercuric oxide 
(mercury oxide) 
- Mercurous chloride 
(calomel) 
- Other inorganic 
mercury compounds  
- Alkyl mercury 
compounds 
- Alkoxyalkyl and aryl 
mercury compounds 7439-97-67 
 
487-94-7  
21908-53-2 
 7564-30-7 
 
7784-40  
7487-94-7  Fungicide 
128. Metam sodium and its 
dihydrate 
(Vapam) 137-42-8  
 6734-80-1 C2H4NNaS 2 Fungicide 
129. Methamidophos 10265-92-6 C 2H8NO 2PS Insecticide 
130. Methidathion 950-37-8 C 6H11N2O4PS3 Insecticide 
131. Methiocarb 2032-65-7 C 11H15NO 2S Insecticide 
132. Methomyl 16752-77-5 C 5H10N2O2S Insecticide 
133. Methoxychlor 72-43-5 C 16H15Cl3O2 Insecticide 
134. Methyl  parathion 298-00-0 C 8H10NO 5PS Insecticide 
135. Methyl bromide 74-83-9 CH 3Br Fumigation and 
Insecticide 
136. Methyl isothiocyanate 556-61-6 C 2H3NS Insecticide 
137. Mevinphos 26718-65-0 C 7H13O6P Insecticide 
138. Mirex 2385-85-5 C 10Cl12 Insecticide 
139. Monocrotophos 6923-22-4 C 7H14NO 5P Insecticide 
140. Naled 300-76-5 C 4H7Br2Cl2O4P Insecticide 
141. Nicotine 54-11-5 C 10H14N2 Insecticide 
142. Nitrofen 1836-75-5 C 12H7Cl2NO 3 Herbicide 
143. Omethoate 1113-02-6 C 5H12NO 4PS Insecticide 
144. Orthophenylphenol and Na 
salt 90-43-7 
132-27-4 C12H10O 
C12H9NaO Fungicide 
145. Oxamyl (Thioxamyl) 23135-22-0 C 7H13N3O3S Insecticide and 
Nematicide 
146. Oxydemetonne-methyl 301-12-2 C6H15O4PS2 Insecticide 
147. Oxydeprofos (ESP) 2674-91-1 C 7H17O4PS2 Insecticide 
148. Paraquat 4685-14-7 C 12H14N2 Herbicide 
149. Parathion 
(Thiophos) 56-38-2 C 10H14NO 5PS Insecticide 
150. Paris green 12002-03-8 C 4H6As6Cu4O16 Insecticide 
151. Pentachlorophenol 87-86-5 C 6HCl 5O Insecticide and 
Fungicide 
152. Phenthoate 07/03/2597 C 12H17O4PS2 Insecticide 
153. Phenylmercury acetate 62-38-4 C 8H8HgO 2 Fungicide 
154. Phenylmercury nitrate 02/05/8003 C 12H11Hg 2NO 4 Fungicide 
155. Phorate (Timet) 298-02-2 C 7H17O2PS3 Insecticide and 
Acaricide 
156. Phosalone 2310-17-0 C 12H15ClNO 4PS2 Insecticide 
157. Phosfolan 950-10-7 C 8H16NO 3PS2 Insecticide 
158. Phosphamidon 13171-21-6 C 10H19ClNO 5P Insecticide WT/ACC/SPEC/YEM/4 
Page 82  
 
  No. Common Name CAS No. Formula Type of Pesticide 
159. Phoxim 14816-18-3 C 12H15N2O3PS Insecticide 
160. Phoxim-methyl 14816-16-1 C 10H11N2O3PS Insecticide 
161. Pirimicarb 23103-98-2 C 11H18N4O2 Insecticide 
162. Pirimiphos- ethyl l23505-41-1 C 13H24N3O3PS Insecticide 
163. Polychloroterpenes 8001-50-1 C 10H11Cl7 Insecticide and 
Acaricide 
164. Procymidone 2809-16-8 C 13H11Cl2NO 2 Insecticide and 
Acaricide 
165. Pronamid(Propyzamide) 23950-58-5 C 12H11Cl2NO Herbicide 
166. Propaphos 7292-16-2 C 13H21O4PS Insecticide 
167. Propargite 2312-35-8 C 19H26O4S Herbicide 
168. Propetamphos 31218-83-4 C 10H20NO 4PS Insecticide 
169. Propoxur 114-26-1 C 11H15NO 3 Insecticide 
170. Prothoate 2275-18-5 C 9H20NO 3PS2 Insecticide 
171. Scilliroside 507-60-8 C 32H44O12 Rodenticide 
172. Sodium arsenite 7784-46-5 AsNaO 2 Insecticide and 
Herbicide 
173. Sodium cyanide 143-33-9 CNNa Insecticide and 
Fumigation 
174. Sodium fluo roacetate 62-74-8 C 2H2FNaO 2 Rodenticide 
175. Sulfallate 95-06-7 C 8H14ClNS 2 Herbicide 
176. Sulfotep 3689-24-5 C 8H20O5P2S2 Insecticide 
177. Sulprofos 35400-43-2 C 12H19O2PS3 Insecticide 
178. Tebupirimfos 96182-53-5 C 13H23N2O3PS Insecticide 
179. Tefluthrin 79538-32-2 C 17H14ClF7O2 Insecticide 
180. TEPP 107-49-3 C 8H20O7P2 Acaricide 
181. Terbufos 13071-79-9 C 9H21O2PS3 Insecticide and 
Nematicide 
182. Terrazole (Etridiazole) 2593-15-9 C 5H5Cl3N2OS Fungicide 
183. Thiodicarb 59669-26-0 C 10H18N4O4S3 Insecticide 
184. Thiofanox 39196-18-4 C 9H18N2O2S Insecticide 
185. Thiometonne 640-15-3 C 6H15O2PS3 Insecticide and 
Acaricide 
186. Thionazin 297-97-2 C 8H13N2O3PS Insecticide and 
Nematicide 
187. Thiram 137-26-8 C 6H12N2S4 Fungicide 
188. Toxaphene (Camphechlor) 8001-35-2 C 10H10Cl8 Insecticide 
189. Triamiphos 1031-47-6 C 12H19N6OP Acaricide, 
Nematicide and Insecticide 
190. Triazophos 24017-47-8 C 12H16N3O3PS Insecticide 
191. Trichlorfon 52-68-6 C 4H8Cl3O4P Insecticide 
192. Trichloronate 327-98-0 C 10H12Cl3O2PS Insecticide 
193. Trimethacarb 12407-86-2 C 11H15NO 2 Insecticide 
194. Triphenyltin hydroxide 76-87-9 C 18H16OSn Fungicide 
195. Vamidothion 2275-23-2 C 8H18NO 4PS2 Insecticide 
 
  WT/ACC/SPEC/YEM/4 
 Page 83 
 
 
  List C (1) - Ozone-Depleting Substances  
 
 
No. HS 
Heading CAS number Chemical Code 
Name Chemical 
Short Formula Chemical Name 
1. 29.03   * CHFBr 2 Fluorodibromomethane 
2. ~ 1511-62-2 HBFC-22B1 CHF 2Br Difluorobromomethane 
3. ~   * CH 2FBr Fluorobromomethane 
4. ~   * C 2HFBr 4 Fluorotetrabromoethane 
5. ~   * C 2HF 2Br3 Difluorotribromoethane 
6. ~   * C 2HF 3Br2 Trifluorodibromoethane 
7. ~ 124-72-1 * C 2HF 4Br Tetrafluorobromoethane 
8. ~   * C 2H2FBr 3 Fluorotribromoethane 
9. ~ 75-82-31392-1-
968 * C 2H2F2Br2 Difluorodibromoethane 
10. ~ 421-06-7 * C 2H2F3Br Trifluorobromoethane 
11. ~ 958-97-4 * C 2H3FBr 2 Fluorodibromoethane 
12. ~   * C 2H3F2Br Difluorobromoethane 
13. ~ 762-49-2 * C 2H4FBr Fluorobromoethane 
14. ~ 29470-94-8, 
134273-35-7 * C 3HFBr 6 Fluorohexabromopropane 
15. ~   * C 3HF 2Br5 Difluoropentabromopropane 
16. ~   * C 3HF 3Br4 Trifluorotetrabromopropane 
17. ~   * C 3HF 4Br3 Tetrafluorotribromopropane 
18. ~   * C 3HF 5Br2 Pentafluorodibromopropane 
19. ~ 63905-11-3 * C 3HF 6Br Hexafluorobromopropane 
20. ~   * C 3H2FBr 5 Fluoropentabromopropane 
21. ~   * C 3H2F2Br4 Difluorotetrabromopropane 
22. ~   * C 3H2F3Br3 Trifluorotribromopropane 
23. ~   * C 3H2F4Br2 Tetrafluorodibromopropane 
24. ~ 422-01-5 * C 3H2F5Br Pentafluorobromopropane 
25. ~   * C 3H3FBr 4 Fluorotetrabromopropane 
26. ~  * C 3H3F2Br3 Difluorotribromopropane 
27. ~ 431-21-0 * C 3H3F3Br2 Trifluorodibromopropane 
28. ~ 679-84-5 * C 3H3F4Br Tetrafluorobromopropane 
29. ~   * C 3H4FBr 3 Fluorotribromopropane 
30. ~   * C 3H4F2Br2 Difluorodibromopropane 
31.       C 3H4F3Br Trifluorobromopropane 
32. ~   * C 3H5FBr 2 Fluorodibromopropane 
33. ~   * C 3H5F2Br Difluorobromopropane 
34. ~ 352-91-0 * C 3H6FBr Fluorobromopropane 
35.      CH 2BrCl BromochloroMethane 
 
 WT/ACC/SPEC/YEM/4 
Page 84  
 
  List C (2) - Systems, Units, Equipment and Products Using or Containing any of the 
 
Controlled Substances Under the Montreal  Protocol Stated in Annex 1 Below  
 
1. Automobile and truck air conditioning units (whether incorporated in vehicles or not) 
2. Refrigerators 
3. Freezers 
4. Dehumidifiers 
5. Water coolers 
6. Ice machines 
7. Air-conditioning and heat pump units 
8. Aerosol products except the medical aerosol 
9. Portable fire extinguisher 
10. Insulation boards, panels and pipe covers 
11. Pre-Polymers 
12. Compressors as spare parts for equipment listed from 1-7 above 
 
Annex 1  
Substances Subject to Prohibition in Im ported Equipment, Tools and Products  
 
 
No. Chemical Name Chemical Short Formula Chemical Code Name 
1. Fluorotrichloromethane CFCl 3 CFC-11 
2. Diflorodichloromethane CF 2Cl2 CFC-12 
3. Trichlorotrifluoroethane C 2F3Cl3 CFC-113 
4. Dichlorotetrafluoroethane C 2F4Cl2 CFC-114 
5. Chloropentafluoroethane C 2F5Cl CFC-115 
6. Bromochlorodifluoromethane CF 2BrCL Halon-1211 
7. Bromotrifluoromethane CF 3Br Halon-1301 
8. Dibromotetrafluoroethane C 2F4Br2 Halon-2402 
9. Trifluorochloromethane CF 3Cl CFC-13 
10. Fluoropentachloroethane C 2FCl 5 CFC-111 
11. Difluorotetrachloroethane C 2F2Cl4 CFC-112 
12. Fluoroheptachloropropane C 3FCl 7 CFC-211 
13. Difluorohexachloropropane C 3F2Cl6 CFC-212 
14. Trifluoropentachloropropane C 3F3Cl5 CFC-213 
15. Tetrafluorotet rachloropropane C 3F4Cl4 CFC-214 
16. Pentafluorotrichloropropane C 3F5Cl3 CFC-215 
17. Hexafluorodichloropropane C 3F6Cl2 CFC-216 
18. Heptafluorochloropropane C 3F7Cl CFC-217 
19. Carbontetracchloride CCI 4 CTC 
20. I.I.I trichloroethane (Methyle 
Chloroform) C2H3CI3 CTA 
21. R -500  CFC-12/HFC-152a R-500 
22. R -502  HCFC-22/CFC151 R-502 
Note: Diplomats and passengers' personal luggage are excluded.  
 
 
 
  WT/ACC/SPEC/YEM/4 
 Page 85 
 
 
  List D - Wastes According to Basel Convention  
 
Waste Streams  
1. Y1 Clinical wastes from  medical care in hospitals, medical centers and clinics 
2. Y2 Wastes from the production and preparation of pharmaceutical products 
3. Y3 Waste pharmaceutical s, drugs and medicines 
4. Y4 Wastes from the produc tion, formulation and use of bi ocides and phytopharmaceuticals 
5. Y5 Wastes from the manufacture, formulation and use of wood 
6. Y6 Wastes from the production, formulation and use of organic 
7. Y7 Wastes from heat treatment and te mpering operations containing cyanides 
8. Y8 Waste mineral oils unfit for their originally intended use preserving chemicals 
9. Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions 
10. Y10 Waste substances and Articles containing or contaminated solvents 
polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) 
11. Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treatment 
12. Y12 Wastes from production, formulation and use of inks, dyes,pigments, paints, lacquers, varnish 
13. Y13 Wastes from production, formulation and use of resins,latex, plasticizers, glues/adhesives 
14. Y14 Waste chemical substances arising from research and development or teaching activities which are 
not identified and/or are new and whose effects on man and/or the environment are not known 
15. Y15 Wastes of an explosive nature not subject to other legislation 
16. Y16 Wastes from production, formulation and use of photographic chemicals and processing materials 
17. Y17 Wastes resulting from surface treatment of metals and plastics 
18. Y18 Residues arising from industrial waste disposal operations 
Wastes having as constituents 
1. Y19 Metal carbonyls 
2. Y20 Beryllium; beryllium compounds 
3. Y21 Hexavalent chromium compounds 
4. Y22 Copper compounds 
5. Y23 Zinc compounds 
6. Y24 Arsenic; arsenic compounds 
7. Y25 Selenium; selenium compounds 
8. Y26 Cadmium; cadmium compounds 
9. Y27 Antimony; antimony compounds 
10. Y28 Tellurium; tellurium compounds 
11. Y29 Mercury; mercury compounds 
12. Y30 Thallium; thallium compounds 
13. Y31 Lead; lead compounds 
14. Y32 Inorganic fluorine compounds excluding calcium fluoride 
15. Y33 Inorganic cyanides 
16. Y34 Acidic solutions or acids in solid form 
17. Y35 Basic solutions or bases in solid form 
18. Y36 Asbestos (dust and fibres) 
19. Y37 Organic phosphorus compounds 
20. Y38 Organic cyanides 
21. Y39 Phenols; phenol compounds including chlorophenols 
22. Y40 Ethers 
23. Y41 Halogenated organic solvents 
23. Y42 Organic solvents excluding halogenated solvents 
24. Y43 Any congenor of polychlorinated dibenzo-furan 
25. Y44 Any congenor of polychlorinated dibenzo-p-dioxin 
26. Y45 Organohalogen compounds other than substances referred to in this Annex (e.g. Y39, Y41, Y42, 
Y43, Y44) 
27.  Y46 Wastes collected from households 
28. Y47 Residues arising from the incineration of household wastes WT/ACC/SPEC/YEM/4 
Page 86  
 
  List E - Persistent Organic Polluta nts According to Stockholm Convention 
 
 
No. Name of Chemical CAS.NO 
1. Aldrin  309-00-2 
2. Chlordan 57-74-9 
3. Dieldrin                 60-57-1 
4. Endrin                  72-20-8 
5. Hexachlorobenzene 118-74-1 
6. Heptachlor    76-44-8 
7. Mirex 2385-85-5 
8. Toxaphene  8001-35-2 
9. DDT (1,1,1-trichloro-2,2bis(p-chlorophényl)éthane) 50-29-3 
10. Polychlorinated biphenyls    
11. PCDD).  POLYCHLORINAT)DIOXINSED DIBEZO  -P -DIOXINS  
12. PCDF).  POLYCHLORINATED)FURAN DIBENZO-FURANS   
 
  
  
   WT/ACC/SPEC/YEM/4
 Page 87Table 13:  Fees and Charges for Services Rendered on Exports  
S/N HS Code Description F ee Purpose Legal Reference 
1. Products covered in chapters 
03.00 and 16.00 - Tails of rocky lobster 
- Rocky lobster in full, frozen 
- Living lobster 
- Deep water lobster 
- Coastal shrimps 
- Deep water shrimps 
- Squid 
- Fresh fish 
- Frozen fish 
- Fillets of fresh and frozen 
fish 
- Fins of shark 
- Trepang 
- Harica and yareeka fish 
- Octopus 
- Crabs 
- Dried fish 
- Mince of fish - YRls 49 per kg 
- YRls 20 per kg 
 
- YRls 39 per kg 
- YRls 12 per kg 
- YRls 16 per kg 
- YRls 4 per kg 
- YRls 5 per kg 
- YRls 4 per kg 
- YRls 3 per kg 
- YRls 10 per kg 
 
- YRls 59 per kg 
- YRls 59 per kg 
- YRls 5 per kg 
- YRls 5 per kg 
- YRls 3 per kg 
- YRls 2 per kg 
- YRls 1 per kg Fees for services of examining 
and controlling the quality of 
Yemen's fish products in order to 
issue health certificate. Decision of the Minister of 
Fishery No. 58/2006 on 
Determination of Fees for the 
Issue of Health Certificates per 
each shipment of fish and marine 
organisms, subject to the Law 
No 2/2006 on the Regulation of 
Fishing, Utilizing and Protecting 
Marine Life. 
2. 38.08 Plant pesticides Two per thousand (2/1000) of the 
value of exportation Fees for export permit.  Law No. 25/1999 on Regulation 
of Plant Pesticides Circulation. 
3.  Animal wealth YRls 1,000 for each certificate  Fees for the issue of veterinary 
certificate. Law No. 17/2004 on Regulation 
and Protection of Animal 
Resources. 
4.  Goods subject to accredited 
standards YRl 1,000, providing that the 
product must be registered at the 
Yemeni Standardization, 
Metrology, and Quality Control 
Organization (YSMO), and the 
enterprise making such 
production should have a certificate to practice good 
manufacturing Fees for the issuance of 
conformity certificate. Decision of the Minister of 
Industry and Trade No. 2/2003 on 
the Regulations of Conformity 
Assessment of Goods and 
Enterprises to Accredited 
Standards.  
  WT/ACC/SPEC/YEM/4 
Page 88 S/N HS Code Description F ee Purpose Legal Reference 
5 Items included in Chapter 06.00 Plant Consignment - YRls 1,500 
 
 
 
- YRls 3,000 
 
 
 
 
- YRls 3,000  
 
 
 
- YRls 50 
 
- YRls 100 - Fees for issuing a plant 
health certificate for 
exported or re-exported 
plant consignments. 
- Lab examination costs for 
each type or variety of 
consignment of seeds, 
tubers, bulbs, rhizomes 
seedlings, corms. 
- Lab examination costs for 
each type or variety of 
consignment of 
manufactured organic 
fertilizers or artificial soil. 
- For each 20 seedlings or 
sucker. 
- For each bunch of cuttings 
(not more than 50 cuttings). - Law No.32/1999 on 
Plant Quarantine. 
- Ministerial Decree 
No. 29/2002 on 
determining the fees to 
be charged on plant 
consignments which are 
subject to the provisions 
of the Law on plant 
quarantine and the conditions for 
exemption from such 
fees. 
6 Chapter 12 
Chapter 31 - Seeds 
- Fertilizers - YRls 3,000 
- Determined according to 
the cost of each element Lab examination fees. Decree by the Minister of 
Agriculture No. 43/2005 on Fees for Services of Registration and Examination of Seeds and Agricultural Fertilizers. 
  
   WT/ACC/SPEC/YEM/4
 Page 89Table 15:  List of Groups of Products and the Rele vant Conformity Assessment Systems Applied on them  
 
No. Item HS Code Conformity Assessment Procedure 
Group (1):  Toys 
1. Bicycles and wagons  9501 
2. Dolls 9502 
3. Entertainment toys including 
puzzles and assembly toys 9503 
4. Toys in the form of animals or 
creatures 9503.40, 9503.41 
5. Other toys in the form of sets 
or groups 9503.70 
6. Toys with engine inside 9503.80 The manufacturer keeps technical reports and files that proves the product conformity to standards or 
technical regulations.  The Certification Body perfor ms inspection, type testing and surveillance on 
production at random periods. 
Group (2):  Electrical and electronic products 
1. Cables and electrical wires 8544, 8544.10, 8544.20  
2. All types of conductors 8544.49.20, 8544.50, 
8544.51, 544.51.10, 8544.40, 8544.41, 
8544.41.20  
3. Circuit breakers 8536, 8536.20  
4. Electrical transformers 8504.21, 8504.22, 
8504.31, 8504.32, 
8504.33, 850.34  
5. Receiving devi ces (television, 
radio and antenna, telephones, wireless phones and mobiles) 8528.00, 8528.11, 
8528.12, 8528.13, 8527.00, 8527.10, 
8527.12, 8527.13, 
8527.19, 8527.20, 8527.21, 8527.29, 
8529.10, 8529.10.10 The Certification Body performs inspection, type testing on the design and product, surveillance on 
production at random periods, in addition to assessment of quality system that includes design and 
surveillance on it. 
6. Fax and telex machines 8517.21, 8517.22  
7. Household freezers 8418.40 The manufacturer keeps a technical file that proves the product conformity to standards and techn ical 
regulations.  The Certification Body performs inspecti on, type testing and surveillance on production at 
random periods. 
8. Photocopying machines 9009.11, 9009.12, 
9009.21, 9009.22, 
900.30   
  WT/ACC/SPEC/YEM/4 
Page 90 No. Item HS Code Conformity Assessment Procedure 
9. Lift and elevator systems 8428.10.10, 8431.31 The Certification Body performs inspection, type testing on the design and pro duct at random periods, 
assessment of the quality of the quality system that includes design and surveillance. 
10. Personal computers 8471.41 
11. Telephones, wireless phones 
and mobiles 8517.10, 8517.11, 
8517.19, 8517.50, 
8525.20.10 
12. Household microwave ovens 8516.50 
13. Household vacuum cleaners 
and water suction appliances 8509.10 
14. TV Display sets (video) 8521.10, 8521.90 
15. Household clothes drying 
machines 8451.21 
16. Air conditioners 8415.10 
17. Electrical ovens including 
cooking surfaces, kettles, grills 
and toasters 8516.60, 8516.71, 
8516.72 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspecti on, type testing and surveillance on production at 
random periods. 
Group (3): Vehicles 
1. Passenger automobiles, trucks 
and buses (new) 8701, 8702, 8703, 
8704, 8705 The Certification Body performs inspection, type tes ting at random periods, assessment of quality system 
and surveillance on it. 
2. Passenger automobiles, trucks 
and buses (used) 8701, 8702, 8703, 
8704, 8705 100% inspection. 
3. New tyres for passenger 
automobiles, trucks and buses 4011.10, 4011.20 The Certification Body performs inspection, type testing at random periods, assessment of quality system 
and surveillance on it. 
Group (4): Safety personal devices  
1. Safety head helmets 6506.10 
2. Rubber and plastic safety shoes 6402, 6401 
3. Eye protectors 9004 
4. Ears protectors 6506.10 
5. Nose and mouth masks 6506.10 
6. Safety gloves 6216 The Certification Body performs inspection, type testing and surveillance on production at random periods 
in addition to assessment of quality system relevant to production and surveillance on the quality system.  
   WT/ACC/SPEC/YEM/4
 Page 91No. Item HS Code Conformity Assessment Procedure 
Group (5):  Foodstuffs with its all types  
1. Frozen and fresh meats (beef, 
mutton, goat meat, chicken, 
fish and bowels) 2.01, 2.02, 2.03, 2.04, 
2.05, 2.05, 2.06, 2.07, 
2.08, 2.02, 3.03, 3.04, 3.07 Product Conformity Certification Body will carry out the inspection for the batch pursuant to health and 
veterinary measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country of fr ee from animal epidemic diseases stipulated in the International 
Epidemics Office bylaws (a) and (b); 
- That the exported country of free of cow madness disease (for beef and its products); 
- That butcheries where anim als are slaughtered are licensed officially  and subject to veterinary official 
supervision; 
- That animal's food neither contained hormones materials, nor animal, nor animals were injected with 
hormones; 
- That meats products were medically (veterin ary) examined before or after slaughter; 
- That meats have been brought to Yemen in accordance with transporting and storing food items 
conditions; and 
- That fishing methods are in pursuant to International practices. 
2. Meat products (canned meat, 
packed, smoked, salinity and 
processed meats … etc.) eggs 
and its products 2.10, 3.05, 3.06, 4.07, 
4.08, 4.10, 16.01, 
16.02, 16.04, 16.05 The manufacturer maintain technical re ports and files that prove meat pr oduct are in conformity with the 
health measures and technical regulations.  The B ody will carry out testing, market surveillance, 
production in accordance with health measures and Yemeni technical regul ations or in accordance with the 
international standards in case unavailability of health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses meats conforming with  health measures applied in Yemen; and 
- That heath practices in items produced are in conformity with Yemeni technical regulations. 
3. Milk and dairy products 4.01, 4.02, 4.03, 4.04, 
4.05, 4.06, 21.05 The manufacturer maintain technical re ports and files that prove milk and diary products are in conformity 
with the health measures and technical regulations.  The Body will carry out testing, market surveillance, 
production in accordance with health measures and Yemeni technical regul ations or in accordance with the 
international standards in case the unavailability of health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That milk used in industry is imported from h ealthy cows and free from diseases, including cow 
madness disease; and 
- That the factory uses milk that is in conformity with health measures of Yemeni technical regulations.  
  WT/ACC/SPEC/YEM/4 
Page 92 No. Item HS Code Conformity Assessment Procedure 
4. Frozen and fresh fruits and 
vegetables 7.01, 7.02, 7.03, 7.04, 
7.05, 7.06, 7.07, 7.08, 
7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 8.01, 8.02, 
8.03, 8.04, 8.05, 8.06, 
8.07, 8.08, 8.09, 8.10, 8.11, 8.12 Product Conformity Certification Body will carry out  batch inspection in accordance with plant health 
measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country is free from harmful pe sts and insects to plants in accordance with plant 
health agreement; 
- That imported fruits and vegetables do not contain pe sticides effects within the limits permitted in the 
lists issued by the Codex Alimentarius standards; 
- That fruits and vegetables are valid for human consumption; and 
- That transport is conformi ng with transporting and storing food items instructions. 
5. Packed and canned plant and 
vegetable products 20.01, 20.02, 20.03, 
20.04, 20.05, 20.06, 
20.08 The manufacturer maintain technical reports and f iles that prove canned vegetable products are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses vegetables and fruit items that valid for human consumption and used in food 
industry; and 
- That manufacturing practices app lied in the factory harmonized with Yemeni technical regulations. 
6. Dry and dehydrated plant and 
vegetable products (vegetables, cereals, fruits and crackers) 8.13, 8.14, 9.01, 9.01, 
9.02, 9.03, 9.04, 9.05, 9.06, 9.07, 9.08, 9.09, 
9.10, 10.01, 10.02, 
10.03, 10.04, 10.05, 10.06, 11.01, 11.02, 
11.03, 11.04, 11.05, 
11.06, 11.07, 11.08, 11.09, 12.01, 12.02, 
12.03, 12.04, 12.05, 
12.06, 12.07, 12.08, 12.10, 12.12, 17.01, 
17.02 Product Conformity Certification Body will carry out  batch inspection in accordance with plant health 
measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country is free from harmful pe sts and insects to plants in accordance with plant 
health agreement; 
- That the product does not contain pesticides effects within the limits permitted in the lists issued by 
the Codex Alimentarius standards; 
- That transport means are suitab le for transporting food items; 
- That the factory uses vegetables and fruit items that valid for human consumption and used in food 
industry; and 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations.  
   WT/ACC/SPEC/YEM/4
 Page 93No. Item HS Code Conformity Assessment Procedure 
7. Drinks and Juices 20.09, 21.01, 22.09 The manufacturer maintain technical reports and files that prove drinks and juices are  in conformity with 
health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food items and conforming with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That transport of products are in conformity with  the conditions of storing and transporting for the 
materials. 
8. Sweets, candies and cocoa 
products 4.09, 17.03, 17.04, 
18.01, 18.02, 18.03, 
18.04, 18.06, 20.07 The manufacturer maintain technical reports and files that prove candies , sweets and cocoa products are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- In case that the product cont ained milk items, it should be 
9. Baking products (biscuits, 
cakes, frozen paste and pasta) 19.01, 19.02, 19.03, 
19.04, 19.05, 21.02 The manufacturer maintain technical reports and files that prove baked products (biscuits, cakes, frozen 
pastes and pasta) are in conformity with health m easures and technical regulations.  The Body will carry 
out the inspection for testing, mark et surveillance and production in acco rdance with health measures and 
Yemeni technical regulations or in accordance with th e international standards in case unavailability of 
health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- In case that the product contained milk items, it shou ld be verified that milk is provided from free 
diseases animals, which includes cow madness disease.  
  WT/ACC/SPEC/YEM/4 
Page 94 No. Item HS Code Conformity Assessment Procedure 
10. Babies and infant foods 21.06 The manufacturer maintain technical reports and files that prove infants and baby food are in  conformity 
with health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That milk used in manufacturing  is provided from healthy cows and fr ee from diseases, including 
cow madness diseases; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That the factory uses milk that is conforming with health conditions in accordance with Yemeni 
technical regulations. 
11. Sauces and soups (fluid and 
dry) 16.03, 21.03, 21.04 The manufacturer maintain technical reports and files that prove dry and fluid sauces and soups are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- In case that the product contained milk items, it shou ld be verified that milk is provided from free 
diseases animals, which includes cow madness disease; and 
- In case, containing the product milk items, it should be verified that milk is provided from free 
diseases cows, especially cow madness disease.  
   WT/ACC/SPEC/YEM/4
 Page 95No. Item HS Code Conformity Assessment Procedure 
12. Oils and its products 15.07, 15.08, 15.09, 
15.10, 15.11, 15.12, 
15.13, 15.14, 15.15, 15.16, 15.17, 15.18 The manufacturer maintain technical reports and files that prove oils and oil products are in conformity 
with health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations.  The manufacturer maintain technical report s and files that prove oils and oil products are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- That transport means for oils (D) are suitable fo r food items in accordance with health conditions. 
13. Bottled water, mineral and 
soda 22.01, 22.02 The manufacturer maintain technical reports and files that prove bottled water, mineral and soda are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That the products transport are in conformity w ith storing and transporting food items conditions. 
14. Food additives  The manufacturer maintain technical reports and files that prove food additives are in conformity with 
health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the materials used in manufacturing food additives are valid for human consumption in 
accordance with internationa l Alimentarius commission; 
- In case containing food additives an ingredients related to cow origin; and 
- If the product is related to meats.  
  WT/ACC/SPEC/YEM/4 
Page 96 No. Item HS Code Conformity Assessment Procedure 
Group (6):  Steel Bars for the Re-
enforcement of Concrete 7208,7209,7210,7211, 
7212, 7213, 7214,7215 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the product at random periods, 
assessment of the quality system that includes design and surveillance. 
Group (7):  Portable Steel Cylinders 
for Liquefied Petroleum Gases 
(LPG) 7311 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the design and product at random 
periods, assessment of the quality system that includes design and surveillance. 
Group (8): Timber 4407,4408,4409,4410, 
4411,4412,4418,4420, 
4421 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the design and product at random 
periods, assessment of the quality system that includes design and surveillance. 
 
 
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