WORLD TRADE  
ORGANIZATION  G/TBT/2/Add.105 
6 April 2011 
 (11-1710) 
Committee on Technical Barriers to Trade Original:   English 
  
 
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE 
 
Communication from Kuwait
 
 
Addendum  
   The following communication, dated 16 Marc h 2011, has been received from the delegation 
of Kuwait
 
_______________ 
  1. The State of Kuwait is a Member of the WT O and signatory to its Agreements.  This 
document represents an official Statement of Im plementation of the TBT Agreement in accordance 
with Article 15.2. thereof. 
I. TRANSPARENCY 
A. 
GOVERNMENT AUTHORITY  
2. Ministry of Commerce's Law No. 128 /1977 - Standards Unification Law  covers the adoption 
of standards, technical regulations and conf ormity assessment procedures and establishes the Public 
Authority for Industry  (PAI) as the Government agency res ponsible for enforcement of the Law. 
Provisions of the law are compatible with the TBT Agreement. 
B. ENQUIRY POINT AND NOTIFICATION POINT  
3. The Enquiry point for the State of Kuwait was notified on 29 October 2002 as the Public 
Authority for Industry 
4. The Public Authority for Industry is responsib le for making notifications to the WTO in 
accordance with form G/TBT/N contained in G/TBT/1/Rev.9. 
5. The State of Kuwait notified its acceptance of the Code of Good Practice (CGP) for the 
Preparation, adoption and Application of Standard s on 29 October 2002.  This is confirmed by the 
TBT Committee in document G/TBT/CS/2/Rev.17, page 7. 
C. PUBLICATIONS  
6. Article 11 of the Standards Unification Law desi gnated the Official Gazette as the official 
publication for announcing the adopt ion of standards.  Announcements  that work is proceeding on 
draft technical regulations is announced in The C onsumer Magazine.  Proposed drafts are available 
upon request. G/TBT/2/Add.105 
Page 2  
 
  D. 
ADOPTION OF A MEASURE  
7. Except for conditions of compelling urgency, six months are normally allowed between the 
final publication of a technical regulation and its entr y into force.  Conformity Assessment procedures 
are normally implemented within 60 – 90 days of their final announcement and publication. 
II. DEVELOPMENT AND APPLICATION OF TECHNICAL REGULATIONS AND 
CONFORMITY ASSESSMENT PROCEDURES 
8. Article 13 (and its explanatory notes) of the Standards Unification Law requires that all 
Kuwaiti Standards be voluntary.   However, for cons iderations of general health, safety or national 
security the Minister of Commerce has the right to  make any Kuwaiti or other standard mandatory. 
All technical regulations are adopted as a ministerial decision. 
A. NON-DISCRIMINATION WITH RESPECT TO THE TREATMENT OF PRODUCTS (ARTICLES 2.1, 3.1, 
5.1, 5.2, 7.1) 
9. Kuwait is a net importing and free trade country .  Technical regulations are applied on 
imported and domestic products alike.   
B. THE PROHIBITION OF UNNECESSARY OBST ACLES TO INTERNATIONAL TRADE AND THE 
CONSIDERATION OF LESS TRADE -RESTRICTIVE ALTERNATIVES TO FULFILLING LEGITIMATE 
OBJECTIVES (ARTICLES 2.2, 3.1, 5.1, 5.2, 7.1) 
10. This is the general policy practiced by th e Public Authority for Industry (PAI). 
C. THE ON -GOING REVIEW OF TECHNICAL REGULATIONS TO ENSURE THEY ARE APPROPRIATE TO 
ACHIEVE THE DESIRED OBJECTIVES (ARTICLE 2.3, 3.1, 7.1) 
11. Review of current technical regulations is an  on-going task by PAI. In addition, a decision 
was taken by all Gulf Countries through the Gulf Standardization Organization to develop common 
unified technical regulations which will eventual ly replace and nullify the TRs of each individual 
country. 
D. THE CONSIDERATION OF APPROPRIATE INTERNATIONAL STANDARDS , GUIDES AND 
RECOMMENDATIONS AS A BASIS FOR TEC HNICAL REGULATIONS AND CONFORMITY 
ASSESSMENT PROCEDURES ; ARTICLES 2.4, 3.1, 5.4, 7.1 
12. Decision taken by GSO to base all internati onal standards, technical regulations and 
conformity assessment procedures on international references wherever possible e.g. ISO/IEC standards and guides.  Deviations are kept to absolute minimum for compelling legitimate 
justifications (climatic, geographic, infrastructural, moral). 
E. 
THE CONSIDERATION OF EQUIVALENT TECHNICAL REGULATIONS OF OTHER MEMBERS 
(ARTICLES 2.7, 3.1, 7.1) 
13. The consideration of equivalent technical regulati ons of other Members (Articles 2.7, 3.1, 7.1) 
is practiced. e.g. acceptance of UL standards. fo r electrical appliances as equivalent to IEC/EN.  G/TBT/2/Add.105 
 Page 3 
 
 
  F. THE ACCEPTANCE OF THE RESULTS OF CONFORMITY ASSESSMENT PROCEDURES CONDUCTED 
BY BODIES IN AN EXPORTING MEMBER COUNTRY (ARTICLES 6, 7.1) 
14. The acceptance of the results of conformity assessment procedures conducted by bodies in an 
exporting Member country  are practiced and formal ized in Kuwait's Conformity Assurance Scheme 
(KUCAS) Procedures and Guidelines 
G. NON-DISCRIMINATION AND COST -BASED FEE STRUCTURE (ARTICLES 5.2, 7.1, 10.4) 
15. The non-discrimination and cost-based fee structur e are practiced and formalized in Kuwait's 
Conformity Assurance Scheme (K UCAS) Procedures and Guideline  
H. PREPARATION , ADOPTION AND APPLICATION OF TECHNICAL REGULATIONS BY LOCAL 
GOVERNMENT BODIES AND NON -GOVERNMENT BODIES  
16. The preparation, adoption and application of t echnical regulations by local government bodies 
and non-government bodies is not applicable to th e State of Kuwait where PAI is the exclusive 
Kuwaiti body responsible for standa rds and technical regulations. . 
__________