RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/34 
5 November 2010 
 (10-5920) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 31 October 2010, is being circulated at the request of the 
Delegation of the Republic of Yemen.   
_______________  WT/ACC/YEM/34 
 Page i 
 
 
 TABLE OF CONTENTS 
 
I. INTRODUCTION ................................................................................................................... .1 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- Pricing Policies ............................................................................................................... ...........1  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................1  
- Authority of Sub-Central Governments .................................................................................2  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................3  
- Trading Rights ................................................................................................................. .........3  
A. IMPORT REGULATIONS......................................................................................................3  
- Other duties and charges....................................................................................................... ...3 
- Fees and charges for services rendered...................................................................................4  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............6  
- Customs valuation.............................................................................................................. .......7  
- Rules of origin ................................................................................................................ ...........8  
- Other customs formalities ...................................................................................................... ..9 
- Preshipment inspection ......................................................................................................... ...9 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................10  
B. EXPORT REGULATIONS ...................................................................................................10  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........10  
- Export rest rictions ............................................................................................................ ......10  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................11  
- Industrial policy, including subsidies....................................................................................11  
- Technical barriers to trade, standards and certification.....................................................14  
- Sanitary and phytosanitary measures...................................................................................18  
- Agricultural policies.......................................................................................................... ......19  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................20  
- GENERAL........................................................................................................................ .......20  
- Industrial property protection...............................................................................................20  
- Responsible agencies for policy formulation and implementation .....................................20  
- Participation in international intellectual property agreements ........................................20  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................21
 
- Copyright and related rights..................................................................................................2 1 WT/ACC/YEM/34 
Page ii  
 
 -
 Trademarks, including  service marks...................................................................................24  
- Industrial designs............................................................................................................. .......25  
- Patents........................................................................................................................ ..............25  
- Plant variety protection....................................................................................................... ...29 
- ENFORCEMENT...................................................................................................................3 0 
- Civil judicial procedures and remedies.................................................................................30  
VII. TRANSPARENCY .................................................................................................................30  
- Notifications.................................................................................................................. ...........30  
 
  WT/ACC/YEM/34 
 Page 1 
 
 
 I. INTRODUCTION 
Question 1 We would welcome the Legislative Action Plan (L AP) to be more precise and in conformity with 
the Draft Working Party Report. 
We reiterate our request that all relevant WTO legislation be in place before accession and 
circulated to Members. 
Answer:
 
Please refer to the updated LAP (see document WT/ACC/YEM/9/Rev.5).  Yemen assures the 
Working Party that it is exerting all efforts to fina lize and pass all legislations as soon as possible.  
II. ECONOMIC POLICIES  
- Investment Regime 
Question 2 In their introductory presentati on at the Working Party Meeting of 21 September 2010, the 
Yemeni authorities referred to the enactment of three laws since July 2010, including the 
Investment Law.  As we had raised several que stions regarding the investment regime in the 
past, we look forward to receiving a copy of th is piece of legislation.  The latter should be 
appropriately mirrored in the Legislative Action Plan.  Could Yemen clarify whether this legislation is already implemented or if not, what is the date for such implementation? 
Answer:
 
Please find attached a copy of the new Investment Law (see document WT/ACC/YEM/34/Add.1).  
The step has been reflected into  the LAP herewith attached (see document WT/ACC/YEM/9/Rev.5).  
The new Investment Law has entered into  force from the date it was issued.  
- Pricing Policies 
Question 3 We appreciate the proposed revisions that Yeme n has suggested to the commitment text in its 
reply to Question 3 in document WT/ACC/YEM/33.  We accept this revision and request that 
the Secretariat please update the Draft Working Party Report accordingly, and remove the 
brackets from this text. 
Answer:
 
Yemen reiterates its acceptance to the commitment text in document WT/ACC/YEM/33. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 4 
We appreciate Yemen's reply to Question 4 of document WT/ACC/YEM/33, which explains 
that Yemen intends to enact legislation so th at Yemen can comply with its WTO obligations WT/ACC/YEM/34 
Page 2  
 
 from the date of its accession.  We understand that Yemen's legislative process allows Council of 
Ministers and the House of Representatives to make  changes to legislation before enactment.   
- We request that Yemen please explain the consultative process it is undertaking to 
ensure that any substantive changes made by  the Council of Ministers and the House of 
Representatives maintain the consistenc y of the legislation with Yemen's WTO 
obligations. 
- Further, we understand that Member comments have been submitted on some 
legislation that has already been sent to Parliament.  What process is Yemen 
undertaking to ensure the Parliament adopts  the changes necessary to ensure the WTO 
consistency of the draft legislation? 
Answer:
 
Government officials attend the discussions of the draft laws in the parliament to  ensure they maintain 
the consistency with the obligation of the country.  
Yemen affirms that most comments mentioned by th e WTO Members have been incorporated in the 
legislations which were sent to the Parliament, nevertheless, any additional comments shall be taken 
into account, either through the Speci alized Committee in the Parliament or amendment of laws if the 
need arises. 
- Authority of Sub-Central Governments 
Question 5 We note that Yemen has requested clarification of specific phrases in the commitment text 
proposed for this section.   
- With respect to the text "including in sp ecial economic zones and other areas where 
special regimes for tariffs, taxes and regulatio ns were established", we note that Yemen 
needs to provide assurances that it w ill apply measures implementing its WTO 
obligations throughout its customs territo ry.  As Yemen's Law No. 4/1993 "On Free 
Zones" allows for the establishment of f ree zones, and Yemen operates the Aden Free 
Zone (that is, Yemen has an operating free zone and the authority to create additional 
free zones), this text is included to clarify that Yemen's measures implementing its WTO obligations will be applied in its special eco nomic zones, and that such areas are not 
exempt from these measures.  
- With respect to the text "without requiring  affected parties to petition through the 
courts", we note that the text has been incl uded to clarify that the Government can take 
action to ensure compliance with WTO provisi ons without the affected party having to 
take legal action.  It does not imply that affected parties cannot choose to take legal 
action, or that Yemen's central authority should always be the final arbiter. 
- We hope that these clarifications will a llow Yemen to accept the commitment text 
proposed, and that the Draft Working Pa rty Report can be updated accordingly.    
Answer:
 
Yemen accepts the proposed commitment text.  WT/ACC/YEM/34 
 Page 3 
 
 
 IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 6 We insist on the importance of putting in place legislation on trading rights, and this by the date 
of accession.  This is to be clearly mirro red in the Legislative Action Plan (LAP). 
Answer:
 
Cabinet has approved all legislations  related to the trading rights in a package in August 2010 and the 
package is now before Parliament a nd is expected to be passed soon.  
Question 7 
With respect to Yemen's proposed revisions to the commitment text concerning trading rights, 
as explained in Yemen's reply to Question 9, we  can largely agree to thes e revisions.  However, 
we note that the text concerning the transition period should remain in brackets pending the finalization of an action plan, and conclusion of discussion among the Working Party members of this issue.   
Answer:
 
Yemen appreciates the stance of the Wo rking Party members on this issue. 
A. IMPORT REGULATIONS 
- Other duties and charges  Question 8 We appreciate the draft text proposed by Yemen in its answer to Question 14 concerning ODCs.   
- However, we have some concerns with th e proposed phrase "con solidated into", and 
recommend that this be deleted as it implies the consolidation will occur over the course 
of the transition period.  This is not the commitment that Yemen has made to Members, 
that the ODCs will be bound at 0.25 per cent by the time of accession. 
- Additionally, the transition to an ODC of zero must be implemented by the conclusion of 
the transition period, not "after".  Text such as "no later than the conclusion of" should 
replace "after". 
With these concerns in mind, we recommend the following formulation:  "xx.  The Representative of Yemen confirmed that, from the date of accession and in 
accordance with its Goods Schedule, Yemen would bind other duties and charges within the meaning of Article II:1(b) of the GATT 1994 at a rate of 0.25 per cent.  He further confirmed that no later than five years fr om the date of accession, the bound rate for 
these other duties and charges would be zero as provided for in its Goods Schedule.  The 
Working Party took note of these commitments." WT/ACC/YEM/34 
Page 4  
 
 Answer:
 
Yemen accepts the proposed formulation. 
- Fees and charges for services rendered 
Question 9 We appreciate Yemen's commitments.  However, as already indicated in previous occasions, we 
support a reference to Article X of the GATT 1994 which ensures appropriate publication. 
Answer:
 
Yemen agrees to refer to Article X of the GATT 1994 in the commitment language.  
Question 10 
We appreciate Yemen's revised action plan (document WT/ACC/YEM/31/Rev.2) for bringing 
ad valorem  fees into compliance with Article VII of the GATT 1994: 
- Could Yemen please clarify what the new specific fee(s) will be for the assessment 
certificate for goods subject to accredited standards? 
- We request that Table 8 in the Draft Work ing Party Report be updated to reflect the 
specific fee(s) for the assessment certificat e for goods subject to accredited standards.  
- We note that Yemen submitted a new docume nt titled "YSMO Regulation on Inspection 
charges levied on imported goods", but it is not clear if these are the new specific fees 
that will replace the current fee of "one per thousand of the consignment value".  Could 
Yemen please verify?   
Answer:  
Please refer to answer to Question 11. Question 11 If the fees identified in document "YSMO Regula tion on Inspection charges levied on imported 
goods" are different from those presently reflect ed as fees for the assessment certificate for 
goods subject to accredited standards in WT/ ACC/YEM/31/Rev.2 and Table 8 of the Draft 
Working Party Report, we request information on how these fees reflect the cost of services 
rendered.  We will also need to evaluate whether these fees need to be reflected in Table 8.  
[Note:  We have submitted a separate questio n under the section on TBT requesting additional 
information on this YSMO Regulation, and ho w these charges reflect the costs of services 
rendered.] 
Answer:
 
Table 8 of the Working Party Draft Report is being updated to reflect the specified charges with 
respect to inspection and Conformity Certificates of goods subject to accredited standards (see also 
WT/ACC/YEM/33/Add.2 for Decree No. 9/2009 and YSMO Regulation on inspection charges levied on imported goods).  These charges shall replace current charges (one in a thousand of the consignment value).  The same reflect the cost of services rendered.   WT/ACC/YEM/34 
 Page 5 
 
 
 Question 12 
Could Yemen please clarify what the new specific fee(s) will be for comme rcial registration of 
importers and exporters? 
We request that Table 8 in the Draft Working Party Report be updated to reflect the specific 
fee(s) for commercial registrati on of importers and exporters. 
Answer:  
The current fees for Commercial Registration for importers and exporters decreed by Council of 
Minister's Decision No. 57 of 2009. 
Joint stock company   YRls 50,000 
- limited partnership in shares YRls 20,000 
Limited partnership   YRls 20,000 
- joint liability company  YRls 20,000 - limited partnership  YRls 15,000 
These fees apply to companies whether they are owned by Yemenis or foreigners.  The Law on 
Commercial Companies No. 22 of 1997 does not disc riminate between people engaged in commercial 
partnership based on nationality whether it invol ves procedures or fees in accordance with 
paragraph 1 of Article 4 of this Law. 
With respect to branches of fo reign companies, the respective commercial registration fee is 
YRls 60,000.  This is because the Law on Regula ting Agencies and Branches of Foreign Companies 
and Implementing Regulation require, in the case of branches of foreign company, additional services 
and procedures which require a large amount of time and effort as follows: 
- Ensuring that the activity of the branch of a foreign company is permitted, which requires the 
Ministry of Industry and Trade to coordinate with other competent authorities so that the 
Minister of Industry and Trade can issue a decree permitting the issuance of a licence for the branch of a foreign company. 
- In most cases, the competent department w ill review several documents which are normally 
written in foreign languages, a situation which calls  for first:  ensure the accuracy of the data 
contained in the documents and comparing them with the official translation into Arabic. 
- We wish to refer that the fees for the registra tion of a branch of a foreign company in many 
WTO Member countries are high in comparison to  the prescribed fees in Yemen.  In Jordan, 
for example, the fees range from 1100-2100 Jord anian Dinars, equivalent to YRls 330,000-
630,000. 
Question 13 We appreciate Yemen's proposed draft commitm ent text on fees and charges included in 
Yemen's reply to Question 17. 
- However, the reference to comp liance not occurring until after the end of the transition 
period is not acceptable, as Yemen needs to  be working to ensure compliance during the 
course of the transition period.  We can consider adding text to clarify that full 
implementation would not be achieved until the conclusion of the transition period.  
- We also need to ensure that the commitment text reflects Yemen's unique circumstances 
in this area.  WT/ACC/YEM/34 
Page 6  
 
 Given these concerns, but trying to incorporate so me of Yemen's suggested text, we propose the 
following formulation:  
 "The representative of Yemen confirmed that, consistent with the Action Plan set out in 
Table (X), Yemen would bring its fees and ch arges in connection with importation or 
exportation into compliance with Article VI II of the GATT 1994, with full compliance 
occurring no later than the conclusion of the transition period.  To this end, laws and 
regulations during the transition period would not be implemented in a manner that resulted in a lesser degree of consistency with Article VIII of the GATT 1994 than on the date of accession.  He further confirmed that, during this transitional period, Yemen would ensure that its laws and regulatio ns concerning fees and charges for services 
rendered would be applied in a manner consistent with other provisions of the WTO 
Agreement, including on a non-discriminatory ba sis consistent with Articles I and III of 
the GATT 1994.  He also confirmed that any new laws and regulations governing fees in 
connection with importation or exportation established after accession, as well as any revisions made to existing fees after acce ssion, would be in conformity with WTO 
provisions, including Article VIII, and acco rdingly would not introduce or reintroduce 
any fees or charges for services rendered that were applied to imports or exports on an ad valorem  basis.  The Working Party took note of these commitments." 
Answer:
 
Yemen accepts the proposed formulation. - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 14 We appreciate the draft commitment text proposed by Yemen in response to Question 22.   - However, we note that Yemen's proposed commitment text deletes reference to 
"permits".  Given the extensive discussion in the Draft Working Party Report concerning "permits", we believe that Yemen's "permit" system acts as a de facto  
licensing system, and as such, the commitment text must reflect a reference to 
"permits".  We do not understand why referencing "permits" is a concern, as Yemen explains its belief in paragraph 97 of the Draft Working Party Report (WT/ACC/SPEC/YEM/5/Rev.1) that its proced ures for import permits are consistent 
with the Import Licensing Agreement. 
- We note too that this commitment needs to reference Yemen's "legal authority" to 
suspend imports.  However, we can work with Yemen on this text, and have proposed an 
alternative based on Yemen's draft which removes specific reference to "government". 
Taking into account these concerns, we propose the following formulation:  
 "The representative of Yemen confirmed that, from the date of accession, Yemen would 
eliminate and would not introduce, re-introduce or apply quantitative restrictions on 
imports or other non-tariff measures, such as licensing, quotas, bans, permits, prior 
authorization requirements, licensing requirements, and other restrictions having equivalent effect, that cannot be justified under the provisions of the WTO Agreement.  He also confirmed that, if balance-of-p ayments measures were necessary, Yemen would 
impose them in a manner consistent with the relevant WTO provisions, including Articles XII and XVIII of the GATT 1994 and the Understanding on Balance-of-
Payments Provisions of the GATT 1994.  He further confirmed that from the date of  WT/ACC/YEM/34 
 Page 7 
 
 
 accession, Yemen would use its legal authority to suspend imports and exports, or to 
apply licensing requirements that could otherwise restrict the quantity of trade, only in conformity with the requirements of the WTO Agreement.  The Working Party took 
note of these commitments." 
Answer:
 
Yemen accepts the proposed formulation. 
Question 15 
Paragraph 91 of document WT/ACC/SPEC/YEM/5/Rev.1: Yemen has agreed to remove import bans and seasonal restrictions on agricultural produce 
from the date of accession.  We suggest that the following text be added to reflect this 
commitment in the Draft Working Party Report:  "The Working Party took note of this 
commitment". 
Answer:
 
Yemen agrees to the addition of "The Work ing Party took note of this commitment". 
Question 16 
We reiterate the comments made in previous o ccasions, i.e. the import restrictions listed in 
Table 11 appear to breach Article XI of the GATT 1994.  The justifications do not seem satisfactory enough vis-à-vis  certain products.  We invite Yemen to reconsider its position. 
Answer:
 
A draft amendment to Law No. 41 of 2005 on Custom s Tariffs has been subm itted to the House of 
Representatives, according to which Articles 5 and 6, which banned the importation of used cars, 
machinery and equipment, shall be repealed. 
- Customs valuation 
Question 17 We thank Yemen for providing the new draft of  the Customs Valuation Decree, notified in 
WT/ACC/YEM/33/Add.1.  Article 14 of the draft Decree says that the Decree is to be read in 
conjunction with Annex I of the Customs Valuation Agreement, which contains the 
Interpretative Notes to the Agree ment.  However, we are concern ed that if the interpretative 
notes are not specifically set out in some form of national legislation, then their status will be 
unclear and Yemeni customs officer s and importers will have limited access to the notes, which 
are an integral part of the Agreement.   
Thus, in order to sufficiently meet the requirements of Article 14 of the Agreement, we request 
that Yemen fully incorporate the In terpretative Notes into the decree.  
Answer:
 
Yemen shall incorporate the Interp retative Notes into the decree. WT/ACC/YEM/34 
Page 8  
 
 Question 18 
We note that Yemen has not provided a substantiv e reply to Question 45, in which we requested 
that Yemen define in its CVA action plan those areas of the CVA it can implement prior to the 
end of a specified transition period, providing dates certain.  We have already noted our concern that a five year transition period is ex cessive, and quite simply, to additionally ask that 
no part of the CVA even be implemented until after the conclusion of such a transition period is 
not acceptable.   
We again request that Yemen reduce the time frame of the transition period it is requesting in 
this critical area of its trade regime, and provide details in its action plan on those areas of the 
CVA Yemen will implement before the end of the transition period, providing dates certain.   
Answer:
 
Considering that amendments to the customs law ha ve been made and that a Council of Minister's 
Decision with regard to customs valuation shall be  issued in the year 2011, Yemen is committed to 
fully implement the whole agreement in a period not exceeding 31 December 2014.  Kindly refer to 
the updated action plan (see document WT/ACC/YEM/19/Rev.3). 
- Rules of origin Question 19 Paragraph 114 of the Draft Working Party Report indicates that a certificate of origin, or a 
commercial invoice endorsed by a Chamber of Comm erce, is required for all products imported 
into Yemen.   
Please clarify whether a certificate/endorsed invoice is only required for preferential treatment, 
or if such documentation is actually required for all imports, even those where preferential 
treatment is not being requested. 
Answer:
 
A certificate and endorsed invoice are required for all imports. 
Question 20 
With respect to paragraph 118 of the Draft Working Party Report: 
When does Yemen anticipate completing the rules for implementing the requirements of 
Article 2(h) and Annex II, paragraph 3(d) of the WTO Agreement on Rules of Origin? 
Answer:  
Yemen expects to complete the rules for implementi ng the requirements of Article 2(h) and Annex II, 
paragraph 3(d) of the WTO Agreement by the date of accession.  WT/ACC/YEM/34 
 Page 9 
 
 
 - Other customs formalities 
Question 21 We request a new paragraph be inserted in this section to clarify Yemen's commitments with 
respect to consularization, as follows:   
"x.x.  The representative of Yemen confirmed that Yemen did not require consular 
certification or notarization of documents by consular officials in the country of export 
to be provided to Yemeni customs officials at  the time of importation into Yemen.  The 
Working Party took note of this commitment." 
Answer:
 
Yemen is committed to the results of  the Doha Round in this respect. 
- Preshipment inspection Question 22 With respect to paragraph 124 of the Draft Working Party Report: Does Yemen consider the inspections described in paragraph 149, co nducted by BIVAC or 
Cotecna, to fall under the purview of the WTO Agreement on Preshipment Inspection? 
Answer:
 
Yes, Yemen considers the inspections described in paragraph 149 of th e Draft Working Report 
conducted by BIVAC and Cotecna, to fall under th e purview of WTO Agreement on Preshipment 
Inspection in activities related to verification of types and quantities. 
Question 23 
For those goods listed in Table 17 (page 119 of document WT/ACC/SPEC/YEM/5/Rev.1): 
Are all inspections required to be competed in the country of export or can inspections take 
place once goods arrive in Yemen? 
Answer:  
Inspections are required to be conducted in the coun try of export with respect to products subject to 
the programme, inspection of food stuffs, however, is voluntary and maybe conducted prior to 
shipment at the country of export or upon arrival in Yemen.  
Question 24 
We note in Yemen's reply to Question 46 that Yemen has requested to remove reference to the 
commitment that any PSI requirements would be  "temporary".  The commitment that PSI 
requirements be "temporary" has been accepted by  recently acceded countries of similar status.  
We are not familiar with a practical application of permanent PSI.   
Thus, we do not understand Yemen's request to delete reference to "temporary", and request 
that it be maintained in the text.    WT/ACC/YEM/34 
Page 10  
 
 Answer:
 
Yemen accepts to maintain "Temporary" in the text. 
- Anti-dumping, countervailing duties, safeguard regimes 
Question 25 We appreciate the revised draft commitment te xt proposed by Yemen in its reply to 
Question 47, however, we have concerns with Yeme n's proposed deletion of the text "after such 
laws and regulations were implemented".   
- We believe that this phrase is necessary for clarification.  The first sentence of the 
paragraph that we initially proposed states "Yemen would not apply
 any anti-dumping, 
countervailing or safeguard measure until it had notified and implemented appropriate 
laws…".  This sentence implies that such meas ures are not currently in place.  However, 
the third sentence states "Yemen would only apply  any anti-dumping duties…".  This 
sentence implies that such measures are in pl ace.  The clarification that "Yemen would 
only apply any anti-dumping duties" after su ch laws and regulations were implemented 
ensures that there is not a conflict between the first and the third sentences. 
- We do not see any additional obligation being requested by including this clarification.  
We request that for legal clarity, Yemen accept this text.    
Answer:  
Yemen accepts adding the phrase to the commitment text. 
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 26 In relation with paragraph 129 of the Draft Working Party Report: Could Yemen clarify whether these issues are covered by the Customs Law that was recently 
enacted?  In any case, we would welcome the Legisl ative Action Plan to be updated to reflect the 
relevant process of revision. 
Answer:
 
No, these issues are not incorporated in the Cu stoms Law which has been enacted recently.  
Regarding the ad valorem  fees for services rendered mentioned in paragraph 129, please refer to the 
updated LAP (see document WT/ACC/YEM/9/Rev.5). 
- Export restrictions 
Question 27 
We appreciate Yemen's response to Question 50 co ncerning export permits.  It appears from 
Yemen's response and the information provided in paragraphs 130 and 131 of the Draft Working Party Report that Yemen is currently a pplying its export permit and other export  WT/ACC/YEM/34 
 Page 11 
 
 
 control requirements in conformity with WTO pr ovisions.  Thus, the link to Yemen's trading 
rights commitments, which may carry a three year transition period, needs to be deleted from 
paragraph 131 [delete "The same rules for expo rt permits would apply to all exporters, in 
accordance with Yemen's commitments on tradin g rights."].  To clarify that Yemen will 
implement WTO provisions concerning export restrictions from the date of accession, we 
request that the following commitment text be added at the end of this section: 
"xx.  The representative of Yemen confirmed that from the date of accession, Yemen 
would apply its export permit  requirements and other export control requirements in 
conformity with WTO provisions.  The Working Party took note of these commitments." 
Answer:
 
Yemen accepts the commitment. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 28 
We note that Yemen has asked for a transition period for some of the subsidies provided under 
the Investment Law. 
Before consideration of such a transition, we respectfully request that Yemen provide 
information regarding the number and nature of companies that are currently receiving 
benefits under the Investment Law. 
Answer:
 
The number of enterprises which are currently r eceiving benefits under the Investment Law is 258 
SMEs, and nature of these enterprises is indus trial, agricultural, services and tourist. 
Question 29 
Following our bilateral consultations with Ye men, we understand that companies that have 
qualified for benefits under the current Investment  Law No. 22/2002 can receive certain benefits 
even after the expiration of the initial eligibilit y period (i.e., seven to 16 years).  Specifically, 
under Article 26(3) of the Investment Law, the export profits of companies that have qualified for benefits under the Investment Law are not taxe d, even after the expiration of the initial 
eligibility period, provided that foreign currency profits are returned to an authorized bank in Yemen. 
For the benefit of the Working Party, co uld Yemen confirm or comment upon our 
understanding?  
Answer:
 
Yemen confirms that this understanding is accurate. WT/ACC/YEM/34 
Page 12  
 
 Question 30 
We appreciate the reorganization of this section of  the Draft Working Party Report.  That said, 
we believe there are still some areas of this section which have been overtaken by events, 
particularly given Yemen's new Investment Law.  As such, we are providing a draft reformulation of this section of the Draft Working Party Report for the Working Party's 
consideration.  
Proposed Revision of Draft Working Party Report Section concerning Industrial Policy, 
Including Subsidy Policies. 
1. The representative of Yemen said that th e industrial sector had a potentially important 
role to play in economic development and genera tion of employment.  Yemen had not developed 
a full-fledged industrial policy, but had identifi ed some general objectives to encourage and 
develop the industrial sector.  These objectives  included the development of infrastructure 
needed for industry; encouraging local and fo reign investment in the industrial sector; the 
development of natural gas reserves for electrici ty generation; diversifying Yemen's economic 
and industrial base; establishing industrial proj ects within and outside free zones, including 
small and medium-sized enterprises (SMEs); and establishing industrial zones operating on a 
build-operate-transfer or other basis. 
2. Yemen was also considering revising its legislation on investment and industrial 
activities (new draft Investment Law had been  presented to the House of Representatives); 
enhancing the investment climate; and promot ing Yemen's SMEs and handicrafts.  He added 
that Yemen was seeking assistance to develop its infrastructure and strengthen the production 
base in manufacturing, mining and traditiona l handicraft.  His Government was examining 
options to promote the industrial sector in co nformity with the provisions of the WTO 
Agreements. 
3. The representative of Yemen said that Republican Decree No. 127/1997 had established 
a Supreme Council for Export Promotion (SCEP) to promote Yemeni exports.  A Technical 
Office (now replaced by a General Directorate fo r Export in the Ministry of Industry and 
Trade) serviced and served as the secretariat for the SCEP.  The tasks of the SCEP and the 
General Directorate for Export are detailed in WT/ACC/YEM/23 (pages 10-11).  The SCEP studied potential foreign markets, organized trade missions and trade fairs, and provided 
information to domestic and foreign exporters.   Studies on Yemen's neighbouring markets, 
commissioned by the SCEP, would be an input in  his Government's future export policies.  
Neither the SCEP nor the General Directorate for Export provided any type of financial 
support to exporters.  
4. An import duty drawback scheme had been created 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 draw back scheme allowed for partial or complete 
refund of import duties on raw materials and inputs used in the production of the 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 evaluated by a 
technical committee comprising representatives of  the Customs Authority, the Ministry of 
Industry and Trade, the Ministry of Agriculture,  or the General Investment Authority.  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 
verify the percentage of imported materials us ed in the exported product.  The committee 
prepared a detailed report, supported by invoices and import  records, to ensure that the duty 
drawback applied only to the imported inputs used  in the exported goods.  The representative of  WT/ACC/YEM/34 
 Page 13 
 
 
 Yemen stated that, in his opinion, the import duty drawback scheme was operated in a manner 
consistent with the guidelines outlined in Annex II of the Agreement on Subsidies and Countervailing Measures (ASCM).   
5. A Member noted that Yemen's current In vestment Law (Investment Law No. 22/2002) 
included export-contingent and import-substitution or local content subsidies, citing Articles 18, 
20, 21 and 26 as some of the provisions that raised concern.  The representative of Yemen 
replied that export-contingent and import substi tution or local content subsidies have been 
provided under the current Investment Law to part icular projects for specific periods of time 
ranging from seven to 16 years, depending on a variety of factors (e.g., the location of the 
investment, the level of Yemeni equity particip ation and the usage of domestic fixed assets).  
Moreover, under Article 26(3), profits from export s are not taxed even after the expiration of 
the initial eligibility period (i.e., seven to 16 ye ars), provided that foreign currency profits are 
returned to an authorized bank in Yemen.    
6. He stressed that the investment incent ives granted pursuant to the Investment Law 
No. 22/2002 were general in nature and did not ta rget any specific industry  or enterprise.  He, 
however, acknowledged that subsidies continge nt upon exports or the use of domestic over 
imported goods were "specific" pursuant to Arti cle 2.3 of the ASCM.  He presented a draft 
subsidy notification in accordance with Article 25 of the ASCM for the period 2002 to 2009 in document WT/ACC/YEM/29.  The notification identified some of the tax and duty exemptions provided by Yemen pursuant to the Investment La w No. 22/2002.  According to the notification, 
data concerning the amount of subsidies wa s unavailable.  Before consideration of any 
transition period, a Member requested that Ye men provide information regarding the number 
and nature of companies that are currently recei ving benefits under the Investment Law.   
7. The representative of Yemen also stated  that a new draft Investment Law was now 
before the House of Representatives (Parliament).  He added that the new draft Investment Law 
would eliminate all subsidies contingent upon ex ports or the use of domestic over imported 
goods.  He also noted the decisions of the Sixth WTO Ministerial Conference in favour of LDCs 
and provided an action plan, contained in document WT/ACC/YEM/27 and its Revision 1, for phasing out local content based subsidies (by 2013). 
8. A Member pointed out that Article 29 of the draft Investment Law appeared to provide 
for the continuation of all subsidies contingent  upon exportation or the use of domestic over 
imported goods under Law No. 22/2002 for registered  investment projects already in operation, 
or for projects that were in the pipeline and began production within one year of the new 
Investment Law entering into force.   
9. In reply, the representative of Yemen said  that the new draft Investment Law would 
eliminate, by the date of accession, all provisions providing subsidies contingent upon exportation or the use of domestic over impo rted goods under Investment Law No. 22/2002.  
Investment projects already established pursuant to  the existing legislation would, however, 
continue to benefit from the tax and duty exempt ions granted until the expiration of the initial 
eligibility period (i.e., seven to 16 years). 
Answer:
 
We would like to keep the original text as it h as been examined by Working Party members over a 
long period, it preserves the integrity of the argume nts presented and answered over that time and it 
remains faithful to the original format of the Work ing Party Report.  Moreover, the suggested annex is 
not an accurate reflection of the Working Party discussions under the "Industrial policy, including WT/ACC/YEM/34 
Page 14  
 
 subsidies" section.  We think that the original  Draft Working Party Report better sets out the logic 
which has led to the adoption of a new Investment Law. 
We also feel it is important that the history of concerns expressed by Members, and Yemen's replies, 
are accurately recorded in the official document whic h has this specific role.  It shows the path of 
reform which Yemen has undertaken and completed. 
Yemen accepts the need to  adjust the tenses of the Draft Worki ng Party Report so that, with updates, 
the precise chronology of events is better described in time. 
- Technical barriers to trade, standards and certification  
Question 31 Paragraph 147 of the Draft Working Party Report  describes an intergovernmental coordination 
process that involves "concerned" ministries and agencies, and representatives of universities 
and other groups.  We request that Yemen please provide further detail how the Yemen 
Standardization and Metrology Organization (YSMO) ensures that all interested persons have an opportunity to provide input.   
- For example, has YSMO instituted systematic requirements for domestic "notice and 
comment" on draft technical regulations? 
- If not, are there any plans for developing such harmonized procedures for notice and 
comment and/or good regulatory practice (GRP)? 
Answer:
 
Yes, the requirements related to "notice and comment " on draft technical regulations are incorporated 
in Regulation No. 6 of 2008 on Procedures for Prep aration of Yemeni Standards.  These standards 
conform to Annex 3 (good practice code) of TBT. 
Question 32 
With respect to paragraph 147 of the Draft Working Party Report: YSMO appears to invite entities providing co mments to meet with a technical committee and 
main committee.  
Will interested parties of WTO Members be simila rly invited to meet with relevant technical 
committee and the "main committee"?  Will they  have an opportunity to provide written 
comments and have them duly considered on a non-discriminatory basis? 
Answer:
 
Interested parties may be invited to meet with relevant committee and the "main committee" and have 
the opportunity to provide written comments and ha ve them duly considered on a non-discriminatory 
basis. 
Question 33 
With respect to paragraph 149 of the Draft Working Party Report:  WT/ACC/YEM/34 
 Page 15 
 
 
 We are concerned about the issuance of Co nformity Certificates and the accountability 
(Government oversight and compliance with Yemen requirements) of the conformity 
assessment bodies (BIVAC and Cotecna).   
System equivalence for food production is a term  recognized by both the SPS Agreement and by 
Codex, and should therefore be the basis for th e noted conformity requirements.  Consequently, 
the recognition of an equivalent US inspection system for meat, poultry, and egg products 
should preclude the need for individual establis hment inspections and for product certification 
by an accredited body (third party).  Esta blishment (product) compliance and approval for 
exporting to Yemen would be conducted by the r ecognized competent authority of the exporting 
country for the product in question.  The recogn ized competent authority would issue the export 
certificate and be subject to periodic system audits by Yemen. 
Answer:  
Yemen confirms that the preshipment inspection of foodstuffs is voluntary in the sense that it may be 
conducted prior to shipment or upon arrival. 
Question 34 
Would YSMO be able to provide an estimated ti me period by which exporters would be notified 
whether their samples did or did not meet  the applicable [mandatory] standards? 
Answer:  
Exporters are notified within five days from the conclusion of the inspection, provided that all 
required documents are made available. 
Question 35 
Does YSMO publish the applicable standards for a ll the products covered in the ICCP?  If so, 
where are they published and updated?  It would be  helpful if the applicable standards were 
readily identifiable on the YSMO website and available in English, French, or Spanish.   
Answer:  
YSMO provides data related to a pplicable standards for all products  covered in the ICCP, the two 
companies also inform exporters of the applicable st andards with regard to products that are subject to 
the programme; YSMO shall complete these data in  its website and through the website of the two 
inspecting companies in English language.  
Question 36 
Please specify the "international practices" which BIVAC and Cotecna will follow in 
discharging their functions under the ICCP?   
Answer:  
BIVAC and Cotecna follow international practices of (IFIA,IAF, ILAC) in addition to guidelines 
issued by CODEX, ISO/IEC in discharging their functions under the ICCP. WT/ACC/YEM/34 
Page 16  
 
 Question 37 
Where will BIVAC and Cotecna publish the speci fic procedures by which each will verify 
conformance with Yemeni mandatory sta ndards for a particular product?   
Answer:
 
The two companies provide information to e xporters and publish them in their websites. 
Question 38 If questions arise regarding BIVAC and Cotecna' s procedures, to whom should producers turn 
for complaints concerning the operation of their respective procedures?  Who is responsible for 
taking corrective action?  BIVAC and Cotecna or YSMO? 
Answer:
 
Complaints are submitted to YSMO where they will be scrutinized to ensure the validity of the 
complaints; and the procedures taken by the two companies shall be reviewed and corrective action shall be taken in accordance with th e signed agreements with them.  
Question 39 
Paragraph 149 of the document WT/ACC/SPEC/YEM/5/Rev.1: 
This paragraph notes that "For goods imported  into Yemen, the YSMO had contracted two 
internationally recognized and IFIA accredited co mpanies, BIVAC and Cotecna, to inspect and 
issue Conformity Certificates in the country of or igin to accompany each import consignment".  
Please explain how often facilities need to be inspected, the cost of these inspections and who 
pays for these inspections.  Please also clarify why facilities need to be inspected by a third party 
(i.e., BIVAC or Cotecna) if the products export ed to Yemen are accompanied by a certificate 
issued by a countries' competent authority.   
Answer:
 
- Inspection is carried out to every consignment which is subject to ICCP programme and 
exported to Yemen.  The process follows the tracks of programme:  either inspection and 
examination or registration or licensing. 
- Inspection costs are defined in the documents of the ICCP programme. 
- The exporter or importer bears the cost of the inspection. - Examination is not repeated to consignment which bear results from accredited laboratories. 
Question 40 
Question 53 of document WT/ACC/YEM/33: With regard to the Conformity Certificates, there is still some confusion.  Please clarify further 
whether or not Yemen certificates from an ex porting countries' competent authority will 
suffice?    WT/ACC/YEM/34 
 Page 17 
 
 
 Answer:  
The results of the examination issued by accred ited laboratories are acceptable in accordance with 
ICCP programme procedures. 
Question 41 
Paragraph 150 of the document WT/ACC/SPEC/YEM/5/Rev.1: 
Please provide clarification as to the assertion that the conformity assessment requirements for 
categories 1, 2, 3, 8 and 9 are consistent with OIE guidelines for BSE.   
Answer:  
Section 1 of Group 5 of Table 17 regarding the co w madness disease will be amended to conform to 
paragraph 150 of the Draft Working Party Report as follows: 
 "Regarding the cow madness disease (for beef and its products), it should comply with OIE 
Animal Health Code". 
Question 42 With respect to paragraph 151 of the Draft Working Party Report: 
- Please identify the applicable Yemeni procedures/requirements by which foreign 
laboratories which are accredit ed to ISO/IEC 17025 could be recognized.  It would be 
helpful if these were readily identifiable on the YSMO website and available in an 
official WTO language (English, French, or Spanish).  Are YSMO laboratories 
accredited to ISO/IEC 17025?  
- If not, would YSMO consider unilateral recogn ition of test results from laboratories 
accredited to ISO/IEC 17025 in place of recei ving Certificates of Conformity from 
BIVAC or Cotecna? 
Answer:
 
There is an independent unit specialized in appl ying the accreditation regime.  This unit applies 
international standards in accrediting laboratories.  Procedures for the same shall be published in 
YSMO website. 
Question 43 
With respect to paragraph 154 of the Draft Working Party Report: 
- Please explain the procedures by which YSMO  immediately enters into force approved 
technical regulations.  
- How do these procedures allo w a reasonable interval for producers in exporting WTO 
Members to adapt their products or methods of production to the new requirements?   
Answer:  
Yemen shall amend its regime so that it allows a reasonable interval for exporters in exporting 
WTO Members to adapt their products and me thods of production to the new requirement. WT/ACC/YEM/34 
Page 18  
 
 Question 44 
With respect to Yemen's answer to Question 55 in the questions and replies document:   
In situations in which the two companies mu st interpret Yemeni technical regulations, 
standards, and conformity assessm ent procedures in order to discharge their functions under 
the ICCP, is it envisioned that the two compan ies will publish their interpretations and related 
approaches on their respective websites?  It would be helpful if YSMO would notify those 
specific administrative approaches a nd processes to the WTO Secretariat. 
Answer:
 
In addition to YSMO's publication of technical regulations, standards, and conformity assessment 
procedures, the two companies publish their interp retation and related appr oaches on their respective 
websites. 
Yes, YSMO shall notify those specific ad ministrative approaches and processes to the 
WTO Secretariat. 
Question 45 
With respect to the document titled "YSMO Regulation on Inspection charges levied on 
imported goods": 
- As BIVAC and Cotecna are resp onsible for inspecting goods imported into Yemen, will 
those companies or YSMO collect the charges specified in this document?  
- Please explain how these charges reflect  the costs of services rendered?   
Answer:  
The charges stated in the Regulation are collect ed by YSMO for inspection services conducted by 
YSMO at the port of arrival. 
The costs reflect the services rendered in terms of type, nature of the product, the quantity of the 
shipment, environmental conditions, required logis tics as well as the amount of effort and the number 
of staff required to perform it. 
- Sanitary and phytosanitary measures 
Question 46 Paragraphs 159 and 170-173 of the Draft Work ing Party Report appear contradictory.  
Paragraph 159 states that Yemen's SPS measures are applied in line with the international standards of Codex, the OIE and the IPPC, but in paragraphs 170-173 the report indicates that 
Yemen needs a transition period to ensure that  its measures are in line with the SPS Agreement 
and based on international standards.  This is  particularly the case with paragraph 173.    
Suggest deletion in paragraph 159 of the text "Yemen's SPS measures we re applied in line with 
the standards of these international bodies." and modification of the following sentence to read 
"International standards were also
 would be taken into account in developing and introducing 
new SPS measures in Yemen."  WT/ACC/YEM/34 
 Page 19 
 
 
 Answer:  
Yemen accepts the amendment. 
Question 47 
With respect to paragraph 166 of the Draft Working Party Report: We are concerned about the apparent conflict be tween the last sentence in paragraph 166 and 
the Conformity Assessment Procedures noted in Gr oup 5, section 1, of Table 17 regarding the 
use of hormones.   
We request clarification on the use of hormones in bovine and other species. 
Answer:
 
Section 1 of Group 5 of Table 17 regarding the use of hormones will be amended to conform to the 
last sentence of paragraph 166 of the Draft Working Party Report as follows: 
 "it is stipulated that bovine do not contai n hormones except within the range specified by 
CODEX and the OIE"  
- Agricultural policies  
Question 48 
With respect to document WT/ACC/SPEC/YEM/1/Rev.1, Domestic Support and Export 
Subsidies in Agriculture, Supporting Table DS:1: 
- "Regional assistance programmes" do not fa ll under direct payments of producers and 
should have its own sub-heading (as it was in WT/ACC/SPEC/YEM/1). 
- With regard to "Decoupled income support" - Members do not typica lly include general 
income tax exemptions as domestic support.  We request that Yemen please delete any 
references to tax exemptions in its DS Tables.  
Answer:  
Yemen accepts to place "Regional Assistance Programme s" under a separate subheading,  DS:1 tables 
have been amended accordingly. 
Attached herewith is the revised DS table (see document WT/ACC/SPEC/YEM/1/Rev.2) after 
incorporating the comments made by the member. 
Question 49 
Paragraph 188 of the document WT/ACC/SPEC/YEM/5/Rev.1: We welcome the advice from Yemen that agricul tural export subsidies will be bound at zero 
from the date of accession.  We suggest that the following text be added to reflect this commitment in the draft Working Party Report:  "The Working Party took note of this 
commitment ". WT/ACC/YEM/34 
Page 20  
 
 Answer:
 
Yemen accepts to add the suggested text "The Work ing Party took note of this commitment" with the 
assurance that agricultural export subsidies, within  the meaning of Article 9 of the Agreement on 
Agriculture, will be bound at zero from the date of accession by Yemen.  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
- Industrial property protection Question 50 We would appreciate receiving more detailed inform ation about the drafting of laws to protect 
undisclosed information. 
Answer:
 
Yemen would like to note that Fourth Chapter, Articles 29-32 of the Draft Law on Patent and Utility 
Models, Integrated Circuits and Undisclosed In formation, currently presented to the House of 
Representatives, has been dedicated to the protection of Undisclosed Information. 
- Responsible agencies for policy formulation and implementation 
Question 51 
Could Yemen clarify whether there is an Intellect ual Property Office in Yemen or plans to set 
up one? 
Answer:  
Yemen would like to note that, within in the Minist ry of Industry and Trade, there is a General 
Department specialized in the protection of Industria l Intellectual Property.  Also, within the Ministry 
of Culture, there is a General Department specia lized in the protection of Copyright and Related 
Rights.  It is significant to mention that both depart ments lack a lot to discharge their duties; such as 
office furniture and equipment, computers, in add ition to training and qualifying of specialist in the 
area of intellectual property rights, legislation enfo rcement and also methods and ways of enforcing 
related IPR international ag reements and treaties.  
- Participation in international intellectual property agreements Question 52 Paragraph 196 of document WT/ACC/SPEC/YEM/5/Rev.1: Can Yemen clarify whether it has any plans to ra tify/accede whether it has to other Intellectual 
Property Treaties?  The Patent Cooperation Treaty for instance? 
Answer:
 
According to the IPR action plan presented to th e Working Party members, Yemen acceded to the 
Paris convention for the Protection of Industrial Property in November 2006; it also acceded to the  WT/ACC/YEM/34 
 Page 21 
 
 
 Berne Convention for the Protection of Literary a nd Artistic Works in April 2008.  Currently, Yemen 
has no plans to accede to any other IP treaties.  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights  
Question 53 
In document WT/ACC/YEM/33, Yemen mentioned that it has submitted a proposal to add a 
second section on Border Measures to the Tenth Chapter of the draft Law on Copyright and 
Related Rights.   
Please provide a copy of this section for review.    
Answer:  
A proposal to add Articles (67-74) "The Second Sect ion on Border Measures" to the Tenth Chapter of 
the Draft Law on Copyright and Related Rights wh ich is currently presented to the House of 
Representatives.  This proposal has been already submitted at an earlier date to the Specialized 
Committee in the House of Represen tative to be taken into account in the draft law.  The proposal 
shall read as follows: 
 "Article (67) The owner of a work may, w ho has valid grounds for suspecting the importation 
of pirated copyright goods, lodge an applicati on in writing to the Court for the suspension by 
the customs authorities of the release of the works, provided that he provides adequate 
evidence that infringement against his rights h as occurred and provide detailed description of 
the pirated work. The Court shall inform the a pplicant within a period of Ten days in cases 
where the application is accepted. 
 Article 68:  a The Court shall have the right to require an applicant to provide a security or 
equivalent assurance sufficient to protect the defendant and the competent authorities 
and to prevent abuse. Such security or equivalent assurance shall not unreasonably 
deter recourse to these procedures. 
 b The importer and applicant shall be promptly informed of the suspension of the 
release of pirated works in accordance with Article (67) of this Law. 
 Article (69) If, within a period not exceeding Ten days after the applicant have been served 
notice of the suspension, the customs authorit y have not been informed that proceedings 
leading to a decision on the merits of the case have not been initiated, the works shall be 
released provided that other conditions for importation and exportation have been complied 
with.  
 Article (70) The court shall have the authority to order the suspension applicant of the pirated 
works to pay an appropriate  compensation to th e importer, consignee and right holder for the 
injury caused through suspension of the release of the works. WT/ACC/YEM/34 
Page 22  
 
  Article (71) Without prejudice to the protection of undisclosed information, the Court shall 
have the authority to give the right holder and importer sufficient opportunity to inspect any works detained by the customs author ity to substantiate their claims. 
 Article (72) The Court may, when it has acqui red prima facie evidence that an intellectual 
property right is being infringed, act upon its ow n initiative to suspend the release of pirated 
copyright goods conduct and take  the following: 
 (a) Seek at any time from the right holder any information that may assist it to exercise 
its powers; 
 (b) The importer and the right holder shall be  promptly be notified of the suspension of 
the works; 
 (c) Public authorities and officials shall be exempt from liability to appropriate remedial 
measures where actions are taken, or intended in good faith. 
 Article (73) Without prejudice to other rights of  action open to the right holder in initiating a 
law suit and the right of the defendant to seek re view by a judicial authority, the Court shall 
have the authority to order the destruction or disposal of pirated copyright goods in 
accordance with Article (67) of this Law. 
 Article (74) Small quantities of copyright go ods of a non-commercial nature contained in 
travellers' personal luggage or sent in sma ll consignments may be excluded from the 
application of the provisions of this section."
 
Question 54 
Bilaterally, we have explained that the wording of Article 3(c) of the draft Law on Copyright 
and Related Rights does not accurately reflect th e full intent of Berne Article 18.1; namely, the 
language "…not yet fallen into the public domain in  the country of origin through the expiry of 
the term of protection" is missing from Article 3(c).  This is a serious concern because omitting the wording "in the country of origin" limits the scope of protection intended by Berne.  This 
provision is intended to restore protection for wo rks that have fallen in the public domain of a 
Union country but remain protected in the count ry of origin.  Additionally, the wording 
"through the expiry of the term of protection" is necessary to protect works that have fallen in 
the public domain for any reason other than the expiration of the term of protection.  For 
example, as explained during the bilateral, prior to enacting Berne, we required certain 
formalities in order to secure protection under th e US Copyright Act.  Any work that did not 
comply with these formalities fell into the public domain.  The enactment of Article 18.1 of the 
Berne Convention restored those works that had fallen in the public domain for non-compliance 
with formalities as long as the term of prot ection had not expired.  See US Copyright Act, 
17 U.S.C. 104A.  Finally, the wording "works, phonographs, radio programmes and rights related to them" should be more concise for clarification.  Using different wording like "works and objects of related rights" would incorporate a ll types of works intended to be protected by 
Yemen's Copyright Laws.   
Therefore, we recommend that the following langu age be added to Article 3(c) of the draft Law 
on Copyrights and Related Rights:  
 Article 3(c) - Works and objects of related righ ts which are in existence at the time this 
law passed shall benefit from the preceding provision provided they had not fallen into 
the public domain in the country of origin thro ugh the expiry of the term of protection.    WT/ACC/YEM/34 
 Page 23 
 
 
 Answer:  
A proposal shall be made to add the recommended la nguage contained in the question to the text of 
Article 3(c) of the Draft Law on Copyright and Relate d Rights.  This proposal shall then be submitted 
to the Specialized Committee at the House of Representative to be taken into account in the draft law. 
Question 55 
Article 81 states that the commercial court shall be  the competent entity authorized to look into 
and decide disputes arising from the enforcement of this Law. 
How does this comply with TRIPS Article 61 requi rements for criminal remedies?  If not, when 
will Yemen provide for criminal procedures and pe nalties in the cases set out in Article 61? 
Answer:  
Articles (69-72) of the draft Law on Copyright an d Related Rights incorporate criminal procedures 
and penalties such as imprisonment and financial fines, and other punishments such as seizure, 
confiscation and destruction of in cases of infri ngement of copyrights.  These procedures and 
penalties are consistent with Article 61 of TRIPS Agreement.  
Question 56 
Article 78 sets out provisions for the administrati ve enforcement of copyrights.  We do not see 
any provisions in the other draft Intellectual Property Laws, or in Yemen's Civil Procedure Law, concerning similar admini strative enforcement for types of Intellectual Property other 
than copyright.   
Given that during the bilateral discussion, such procedures, at least for trademarks, were 
discussed by Yemen, can you point out where in the various laws, provisions exist that provide 
for administrative enforcement for Inte llectual Property other than copyright? 
Answer:
 
A proposal to add a text similar to that of paragr aph (b) of Article 78 of the draft Law on Copyright 
and Related Rights shall be made to other inte llectual property rights draft laws (Trademarks, 
Industrial Designs).  This proposal shall then be submitted to the Specialized Committee at the House 
of Representative to be taken in to account in the draft law. 
Question 57 
Please indicate where, if anywhere, Yemeni Law allows for ex officio  action by customs 
authorities, in accordance with TRIPS Article 58? 
Answer:  
Article (72)  of "Second Section on Border Measures" whic h is proposed to be added to the Tenth 
Chapter of the Draft Law on Copyright and Related Rights, which is currently being submitted to the 
House of Representatives, authorizes only the court to act upon its initiative in the existence of an 
infringement on any copyrights from fear that this authority may be abused if it were given to an authority other than the court. WT/ACC/YEM/34 
Page 24  
 
 - Trademarks, including service marks 
Question 58 Can Yemen clarify whether the new law would establish opposition procedures against 
trademark applications? 
Answer:
 
Yemen would like to note that Article (14) of  the draft Law on Tradem arks and Geographical 
Indications, currently submitted to the House of Representatives, permits any interested party to 
establish opposition procedures against trademark applications. 
Question 59 
Paragraph 211 of document WT/ACC/SPEC/YEM/5/Rev.1: 
Our appreciation differs from the one expressed by one Member as set out in this paragraph.  
In particular, we do not entirely share this Member's request "to meet the requirements of Article 16.1 of the TRIPS Agreement and provid e the grounds for the owner of an earlier 
protected trademark to prevent the protection of a confusingly similar or later-in-time geographical indication".  According to the sy stem established in the EU in the field of 
agricultural products and foodstuffs (and in th e field of wines and spirits), the ground for 
refusal of protection of a geographical indication as regards prior trademarks is as follows:  a 
name shall not be protected as a geographical indication if, in the light of a trademark's reputation and renown and the length of time it ha s been used, protection is liable to mislead the 
consumer as to the true identity of the produc t.  Moreover, once a geographical indication is 
protected, a trademark which has been applied fo r, registered, or established by use in good 
faith within the territory of the EU may continue  to be used notwithstanding the registration of 
the geographical indication provided that no gr ounds for its invalidity or revocation exist as 
specified by EU trademark legislation.  We invite Yemen to examine these provisions.  We would be satisfied if the draft law incorporated the wording of Article 16.1 of the TRIPS Agreement.  
Answer:
 
A proposal shall be made to incorporate the re quirements of Article 16 paragraph 1 of TRIPS 
Agreement  through redrafting paragraph (2) of Ar ticle (22) of the draft Law on Trademarks and 
Geographical Indications, which is currently being submitted to the House of Representatives.  This 
proposal shall then be submitted to the Specialized  Committee at the House of Representatives to be 
taken into account in the draft law.  The proposal shall read as follows: 
 "Article (22) 2- The owner of a registered tr ademark shall have the exclusive right to prevent 
all third parties not having the owner's consent from using in the course of trade identical or 
similar signs for goods or services which are identic al or similar to those in respect of which 
the trademark is registered where such use would result in a likelihood of confusion or 
mislead the public."   WT/ACC/YEM/34 
 Page 25 
 
 
 - Industrial designs 
Question 60 Paragraph 216 of document WT/ACC/SPEC/YEM/5/Rev.1:  In the sentence "Registered 
industrial designs could not be used wi thout prior permission of the licencee
", could Yemen 
check whether reference should actually be made to the permission of the "owner"? 
Answer:  
The paragraph referred to in the question has been reviewed and the intended sentence is "Registered 
industrial designs could not be used without prior pe rmission of the owner".  In the light of the such, 
the sentence shall be corrected in the concerne d paragraph in the Working Party Draft Report. 
- Patents 
Question 61 Paragraph 220 of document WT /ACC/SPEC/YEM/5/Rev.1:  Like  some other Members, we are 
ready to offer assistance to improve  the patent registration process. 
Answer:
 
Yemen thanks the member for offering assistance to Yemen in the area of building the capacity of the 
competent departments of intellectual property rights  in the technical and financial areas.  Yemen 
hopes that the Working Party members, who are inte rested in Yemen, provide assistance as soon as 
possible.  It is significant to mention that Yemen presented, at an earlier date, to the members of the Working Party an IPR Action Plan WT/ACC/YEM/8 which contains details of the financial and 
technical assistance and transition arrangements that Yemen requires to implement TRIPS Agreement.  
Question 62 Paragraph 222 of document WT/ACC/SPEC/YE M/5/Rev.1:  We understand that the new 
legislation will bring patentability conditions in line with the TRIPS Agreement. 
Answer:
 
Yemen would like to note that patentability conditions contained in the draft Law on Patent is in line 
with TRIPS Agreement.   
Question 63 
Paragraph 223 of document WT/ACC/SPEC/YEM/5/ Rev.1:  In the sentence "He said that 
Article 22 of the draft Law would establish the grounds for cancellation  of a patent, namely:  
(i) the expiry of the term of protection; (ii) failure to pay the annual fees for continuation of 
patent protection; and (iii) a court ruling to this effect".  Could Yemen check whether reference 
should actually be made to "termination of protection"; it may be more appropriate than 
"cancellation". WT/ACC/YEM/34 
Page 26  
 
 Answer:
 
The paragraph referred to in the question has been re viewed and the intent of draft Law on Patent is 
"Termination of protection".  In the light of th e such, the phrase in concerned paragraph shall be 
corrected in the Working Party Draft Report. 
Question 64 
Question 110 in WT/ACC/YEM/32 – Note:  Article 33(c) of the draft Law appears broader than 
what is permitted in TRIPS Article 31(b) for the grant of compulsory licenses.   
Yemen's explanation in the latest accession do cuments still does not addresses that concern, and 
we request that Yemen please explain what st eps it will take to address this concern.   
 TRIPS Article 31: 
 Article 31  
 Other Use Without Authorization of the Right Holder   Where the law of a Member allows for other use of the subject matter of a patent 
without the authorization of the right holder, including use by the government or third parties authorized by the government, th e following provisions shall be respected: 
 (b)  such use may only be permitted if, pr ior to such use, the proposed user has made 
efforts to obtain authorization from the right holder on reasonable commercial terms 
and conditions and that such efforts have no t been successful within a reasonable period 
of time.  This requirement may be waived  by a Member in the case of a national 
emergency or other circumstances of extr eme urgency or in cases of public non-
commercial use.  In situations of national  emergency or other circumstances of extreme 
urgency, the right holder shall, neverthele ss, be notified as soon as reasonably 
practicable.  In the case of public non- commercial use, where the Government or 
contractor, without making a patent search , knows or has demonstrable grounds to 
know that a valid patent is or will be used  by or for the government, the right holder 
shall be informed promptly; ...   
The text of Article 33(c) of the draft Patent  Law on the other hand, appears broader than 
permissible under TRIPS Article 31(b) stating that the requirement to seek a voluntary licence may be waived "in pursuance of the public interest , in particular, in cases of national security, 
public health, nutrition or development of other vital sectors of the national economy, or facing 
a national emergency or other circumstances of extreme urgency, or in the case of public non-commercial use…" 
Answer:
 
Article 33(c) of the draft Law on Patent shall be redrafted to take into account the comments 
contained in the question so that it conforms to Article 31(b) of TRIPS Agreement.  This proposal 
shall then be submitted to the Specialized Committee at the House of Representatives to be taken into 
account in the draft Law.  Paragraph (c) of Ar ticle 33 of the draft Law shall read as follows: 
 "Article (33)c - The compulsory licence appli cant shall prove that he has made efforts to 
obtain authorization from the right holder on r easonable commercial term s and conditions and 
in exchange for reasonable financial remunerati on, and that such efforts were not successful  WT/ACC/YEM/34 
 Page 27 
 
 
 within a reasonable time period of time.  This  requirement and requirements provided for in 
paragraph (a) of this Article may be waiv ed in cases of national emergency or other 
circumstances of extreme urgency, or in cas es of public non-commercial use and in the case 
of the latter situations, the right hold er shall be informed promptly."  
Question 65 
In the new draft Patent Law, the first sentence of Article 33(c) is confusing as written.   
To track properly with TRIPS Article 31(b) as seems intended, the phrase "within a reasonable 
period of time", should be deleted from the first two lines of subpar agraph (c) and the phrase 
"for a reasonable period of time" or something similar should be inserted at the end of this sentence.  
Answer:
 
Please refer to the answer of Question 64.  
Question 66 
Article 35 of the new draft Patent Law appears to state the TRIPS Article 31(l) condition for 
compulsory licensing.   
In order to achieve the purpose of TRIPS Article 31(l), however, the term "other" in line 4 of 
Article 35 should be replaced with the term "second".   
Answer:  
The comment contained in the question shall be taken into account in the draft patent law. 
Question 67 
Article 9 of the new draft Patent Law adds a re quirement for inventors to provide evidence that 
for any invention containing plant or animal material, or any traditional knowledge, these were 
sourced in a lawful manner.   
What sort of evidence is envisioned and what is to be the process for providing it?  
Answer:  
The draft Law on Patent does not oblige the inventor to provide specific evidence.  It is understood 
that the issue is left to the inventor, who will presumably mention in the course of describing the 
invention the source of animal or plant biological material and medical traditional knowledge which he sourced in a lawful manner by means of a documen t issued by an official authority in the state 
which hold intellectual property rights  of those sources.  The evidence sh all be attached to the patent 
application and it may also be submitted at  a later date to the application.  
Question 68 
We also note that TRIPS Article 27(1) indicates that  the patents shall be available in all fields of 
technology for inventions that are new, involve an inventive step, and are capable of industrial application.  What effect will failure to provide certain evidence have on an inventor's ability to 
obtain and enforce a patent? WT/ACC/YEM/34 
Page 28  
 
 Answer:
 
Please refer to the answer of Question 67. 
Question 69 
In Article 11(b) and Article 12 of the new draft Patent Law, the final lines, the term "assigned" 
appears a translation error.   
Is the term "abandoned" or something similar intended?   Answer:
 
Yes, the term "abandoned" is what was intended in the final lines of paragraph (b) of Article 11 and 
Article 12 of the new draft Patent Law. 
Question 70 
Article 11(d) of the new draft Patent Law is confusing.  It seems to permit an interpretation that 
a court has discretion to decide that a particul ar patent applicant or opposer does not have a 
right to appeal an adverse agency decision to the court.   
Is this correct?  Could you please explain?   
Answer:  
Yes, the comment in the question is correct, this  occurred due to a failure to translate a whole 
sentence at the end of paragraph (d) of Article (11) which affected the meaning, the translation of the 
mentioned paragraph should read as follows: 
 "Article (11)(d) - The patent applicant or opp oser may appeal before the court a decision 
made by the Competent Department referred to in  paragraph (c) of this article within thirty 
days from the date of receiving a copy of the d ecision.  Appealing against a decision to refuse 
an application shall not suspend the procedures of filing a registration application, unless the 
court decides otherwise." 
Question 71 
Article 32(c) of the new draft Patent Law is below:   The following acts shall not be co nsidered unfair commercial practices: 
 (c) Obtaining information through efforts in research, innovation, invention, 
development, modification, and enhancemen t by developers independently from the 
owner of undisclosed information. 
The language of Article 32(c) of the new draft Patent Law permits an interpretation that 
taking/using information created by the owner of undisclosed information without his/her authorization cannot be considered an unfair commercial practice, if the owner was not 
consulted in the process.   
In order to clarify the apparent intention of this  provision to permit independent creation of 
information, we would suggest inserting the term "independent" between the terms "through"  WT/ACC/YEM/34 
 Page 29 
 
 
 and "efforts" in Article 32(c) and also deleti ng the phrase "by developers independently from 
the owner of undisclosed information". 
Answer:  
The proposal contained in the question shall be  taken into account in respect of inserting 
"independent" between the terms "through" and "effo rts" and deletion of the phrase "by developers 
independently from the owner of undisclosed informa tion" contained in Article 32(c) of the draft 
Patent Law.  This proposal shall then be subm itted to the Specialized Co mmittee at the House of 
Representatives to be taken into account in the draft Law.  
Question 72 
In Article 33(b) of the new draft Patent Law: - How is abusive exercise of patent rights and contradiction of fair commercial practices 
defined and determined for purposes of  granting a compulsory licence? 
- We would suggest inserting "through judicial or administrative process" after "it is 
established" at the beginning of Article 33(b) for consistency with the condition in TRIPS Article 31(k). 
- In addition, does Yemen consider that com pulsory licensing based on exploitation 
contrary to fair commercia l practices is consistent with TRIPS Article 31?   
Answer:
 
The phrase "through judicial or administrative process" shall be inserted after "it is established" at the 
beginning of paragraph (b) of Article (33) of the draft Patent Law.  This proposal shall then be 
submitted to the Specialized Committee at the House of Representative to be taken into account in the 
draft Law. 
Yemeni believes that compulsory licensing based  on exploitation contrary to fair commercial 
practices, is permitted by paragraph (k) of Article  31 of TRIPS Agreement to remedy a practice 
determined after judicial or administrative process to be anti-competitive.  
Article (17) of the draft Patent Law grants the pate nt owner the right to prevent others not having his 
consent from using the patent, which is consiste nt with Article (28) of TRIPS Agreement. 
Question 73 We note that TRIPS Article 28 gives patentees the right to exclude others from practicing their 
inventions without their consent.  Please explain.   
Answer:
 
Please refer to the answer of Question 72. 
- Plant variety protection 
Question 74 
Can Yemen clarify if the Law No. 20/1998 "On Agri cultural Seeds and Fertilizers" is limited to 
seed and fertilizers?  Is this responding to the provision of 27:3(b) of  the TRIPS Agreement? WT/ACC/YEM/34 
Page 30  
 
 Answer:
 
Yes, Law No. 20/1998 is entitled Law on Agricultural S eeds and Fertilizers.  The Chapter Four of this 
Law contains provisions for the plant variety protection in compliance with the provision of 27.3(b) TRIPS. 
- ENFORCEMENT 
- Civil judicial procedures and remedies 
Question 75 Paragraph 233 of document WT/ACC/SPEC/YEM/5/Rev.1: In the sentence "If the author
 did not authorize the sale, the infringing articles would be 
destroyed".  Could Yemen clarify whether reference should be made to "author" only or more 
broadly to "right holder"? 
Answer:  
The paragraph referred to in the question has been  reviewed and the intended sentence is "If the 
author or right holder did not authorize the sale, the infringing articles would be destroyed".  In the light of the such, the sentence sh all be corrected in the concerne d paragraph in the Working Party 
Draft Report. 
VII. TRANSPARENCY 
- Notifications 
Question 76 
We appreciate Yemen's revised formulation of  the commitment undertaken on notifications, 
and can accept Yemen's proposed transition period  of six months.  However, we note that in 
Yemen's formulation, the sentence "Any laws, regulations, or other measures subsequently 
enacted by Yemen, and which were required to  be notified pursuant to the WTO Agreement, 
would also be notified in a time and manner consistent with WTO requirements." has been 
replaced with the following sentence "Any regul ations subsequently enacted by Yemen would 
also conform to the respective WTO Agree ments' notification requirements".   
We request that Yemen please provide an ex planation for the revision it is proposing.    
Answer:
 
Yemen accepts to retain the ol d formulation as it reads below: 
 "Any laws, regulations, or ot her measures subsequently enacted by Yemen, and which were 
required to be notified pursuant to the WTO Agr eement, would also be notified in a time and 
manner consistent with WTO requirements." 
__________