RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/33 
16 June 2010 
 (10-3278) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 11 June 2010, is  being circulated at the request of the 
Delegation of the Republic of Yemen.   
_______________  WT/ACC/YEM/33 
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 TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- Pricing Policies ............................................................................................................... ...........1  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................2  
- Authority of Sub-Central Governments .................................................................................2  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................3  
- Trading Rights ................................................................................................................. .........3  
A. IMPORT REGULATIONS......................................................................................................6  
- Ordinary cust oms duties ........................................................................................................ ..6 
- Other duties and charges....................................................................................................... ...6 
- Tariff rate quotas, tariff exemptions.......................................................................................6  
- Fees and charges for services rendered...................................................................................7  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............9  
- Customs valuation.............................................................................................................. .....12  
- Preshipment inspection ......................................................................................................... .17 
- Anti-dumping, countervailing duties, safeguards regimes..................................................17  
B. EXPORT REGULATIONS ...................................................................................................18  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........18  
- Export rest rictions ............................................................................................................ ......19  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................19  
- Industrial policy, including subsidies....................................................................................19  
- Technical barriers to trade, standards and certification.....................................................19  
- Sanitary and phytosanitary measures...................................................................................22  
- Free zones, special economic areas........................................................................................33  
- Agricultural policies.......................................................................................................... ......33  
V. TRADE-RELATED INTELLECTUAL  PROPERTY RIGHTS........................................34  
- GENERAL........................................................................................................................ .......34  
- Copyright and related rights..................................................................................................3 4 
- Trademarks, including  service marks...................................................................................37  
- Geographical indications, including appellations of origin.................................................37  
- Patents........................................................................................................................ ..............37  
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................40  
VII. TRANSPARENCY .................................................................................................................41   WT/ACC/YEM/33 
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 II. ECONOMIC POLICIES 
- Investment Regime Question 1 Investment Law No. 22/2002 contains tax and import duty exemptions contingent upon the use 
of domestic goods over imported ones.  These exemptions look like prohibited subsidies 
(Article 3.1.b SCM).  It should be noted that Yemen is not exempted from the prohibition to 
grant local content subsidies as Article 27.3 SCM has expired. 
While the new draft Investment Law does not appe ar to contain such provisions, it does not 
entirely solve the problems either.  In th is regard, we would like to note that: 
- The eventual non-specificity of these measures is not a justification: if Yemen bestows 
prohibited subsidies, these are deemed to be specific (Article 2.3 SCM). 
- An enterprise established pursuant to the draft law would benefit from those incentives 
granted by the laws in force - which are these laws?  
- An enterprise existing at the time of issu ance of the draft law will continue to enjoy the 
exemptions granted under Law No. 22 until the end of the tax exemption period.  
- If an enterprise registered under Law No. 22 ha s not started its activities by the time the 
draft law is issued, it can still enjoy the ex emptions provided for in that law if it 
commences production within one year from  the date the draft law enters into force. 
Answer:
 
Please note that Yemen has eliminated the local cont ent provision from the draft investment law and 
therefore dropped its request for a transitional pe riod to phase out the local content subsidy. 
The referenced law is Investment Law No. 22 of 2002. 
Question 2 
We note that Yemen dropped its demand for a tran sition period.  When is the new Investment 
Law expected to enter into force? 
Answer:  
The draft investment law is currently in the Parliame nt and is expected to be enacted and enter into 
force in the second half of 2010. 
- Pricing Policies 
Question 3 Paragraph 46 should be revised to reflect the following commitment text: 
"The representative of Yemen confirmed that, from the date of accession, pricing policy in 
Yemen would be applied in compliance with Articles III:4 and XI:1 of the GATT 1994 and 
Article 4 of the Agreement on Agriculture.  He also confirmed that in the a pplication of price 
controls , Yemen would apply such measures price controls in a WTO-consistent fashion, and 
take including by taking into  account of  the interests of exporting WTO Members as provided 
for in Article III:9 of the GATT 1994, and in Article VIII of the General Agreement on Trade in WT/ACC/YEM/33 
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 Services (GATS)
.  He further confirmed that Yemen would publish the list of goods and services 
subject to State price control and any changes to  this list in its Official Gazette and would 
continue to do so after accession.  The Work ing Party took note of these commitments." 
Answer:  
Yemen is prepared to accept the commitment as set out below: 
"The representative of Yemen confirmed that, from the date of accession, price controls in Yemen 
would be applied in compliance with Articles III: 4 and XI:I of the GATT 1994 and Article 4 of the 
Agreement on Agriculture.  He also confirmed th at Yemen would apply price controls in a WTO-
consistent fashion, including by taking into account the interests of exporting WTO Members as 
provided for in Article III:9 of the GATT 1994.  He  further confirmed that Yemen would publish the 
list of goods and services subject to State price cont rol and any changes to this list in its Official 
Gazette and would continue to do so after access ion.  The Working Party took note of these 
commitments." 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES  
Question 4 
In reviewing Yemen's Working Party Report and rel ated action plans, we note that Yemen does 
not currently intend to enact WTO-consistent legi slation in many areas until well after its WTO 
accession.  We are open to considering Yemen's requests for transition periods, and understand 
that full implementation of Yemen's WTO obligations may not occur until the end of a specific transition period.  However, we strongly believe  it is critical that, by the date of accession, 
Yemen enact the legislation that takes the step s necessary to bring its trading regime into 
compliance with its WTO obligations, even if the en try into force of certain legislation is delayed 
in accordance with transition periods provided in the relevant action plans. 
Please explain the steps Yemen is taking to enac t WTO-consistent legislation by the date of 
accession.   
Answer:
 
Yemen intends to enact legislation that complies with WTO by accession date, in accordance with the 
House of Representatives Action Plan to finalize the legislation.  During its parliamentary cycle.  
Yemen is further committed to begin implemen tation in accordance with the transition periods 
specified in the relevant Action Plans. 
The mechanism of enacting laws in Yemen requires pr eparation of drafts by the respective competent 
Government authorities and to be presented to th e Ministry of Legal Affairs for subsequent 
forwarding and approval by the Council of Minister s before referral by the latter to the House of 
Representatives for enactment.  Some legislation is u nder review at the House of Representatives.  We 
wish to note that delay in the enactment of th e Intellectual Property Laws was due to continually 
receiving additional comments from Working Party Members.  The remaining legislation will be 
finalized and submitted to the House of  Representatives in the near future. 
- Authority of Sub-Central Governments  
Question 5 We request the following paragraph be added after paragraph 58:  WT/ACC/YEM/33 
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 "The representative of Yemen confirmed that, upon accession, Yemen would apply WTO 
provisions and Yemen's Protocol of Accession  uniformly throughout the entire customs 
territory, including in special economic zones, and other areas where spec ial regimes for tariffs, 
taxes and regulations were established.  He furth er confirmed that when apprised or alerted of 
a situation where WTO provisions were not being applied or were applied in a non-uniform 
manner, central authorities would act to enfo rce WTO provisions without requiring affected 
parties to petition through the courts.  The Working Party took note of these commitments." 
Answer:  
Yemen accepts the addition of the suggested la nguage after paragraph 58 as soon as the bracketed 
phrases are clarified. 
"The representative of Yemen confirmed that, upon accession, Yemen would apply WTO provisions 
and Yemen's Protocol of Accession uniformly thro ughout the entire customs territory [including in 
special economic zones and other areas where special  regimes for tariffs, taxes and regulations were 
established].  He further confirmed that when appris ed or alerted of a situation where WTO provisions 
were not being applied or were applied in a non-uniform manner, central authorities would act to 
enforce WTO provisions [without requiring affected  parties to petition through the courts].  The 
Working Party took note of these commitments." 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights  
Question 6 
While Yemen is entitled to maintain technical clearances as a prerequisite to importation, 
Yemen's current practice is not in line with its trading rights obligations under the WTO, as 
only Yemeni nationals can obtain such technical clearances.  Thus, as has been previously noted 
in paragraph 65 of the Draft Working Party Report, we request that Yemen include specific information in its trading rights action plan as  to how Yemen will bring its technical clearance 
process into conformity with WTO obligations by  a date certain.  The specific legislation and 
decrees that currently call for permits to only be  granted to Yemeni nationals need to be 
identified in the action plan, and the specific provisions of this legislation that need to be amended must be spelled out in the action plan.   
Answer:
 
Kindly refer to the revised Action Plan on Trading Rights (WT/ACC/YEM/24/Rev.3) where 
provisions that require amendment ha ve been identified in order to comply with the requirements of 
the WTO. 
Question 7 
We understand that Yemen has been making pr ogress in modifying and amending its current 
legislation concerning trading rights, as well as drafting new legislation.  While we appreciate the list of legislation currently provided in Yemen's trading rights action plan, we request that 
additional information be included in the action  plan that identifies the specific changes being 
made to each piece of legislation, as well as th e current status of the drafting or modifications 
(status of draft amendments, modifications,  and which Government body is currently 
reviewing).  WT/ACC/YEM/33 
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 Answer:
 
Kindly refer to the reply to Question 6.  Please note that drafting of legislations shall start in 2011 as 
per the Trading Rights Action Plan (WT/ACC/YEM/24/Rev.3). 
Question 8 
Paragraph 59 of the Draft Working Party Report identifies registration fees for individuals and 
companies which are not currently in line with Yemen's WTO obligations.  Once a fee is used 
not only for registration, but also as a requirem ent for importation, it becomes subject to the 
rules and obligations of Article VIII of the GATT 1994.   
We request that these fees be included in Yemen's Action Plan for bringing ad valorem  fees in 
compliance with Article VIII of the GATT 1994,  WT/ACC/YEM/31/Rev.1, with information on 
the specific steps Yemen is taking to bring these fees in line with Yemen's WTO obligations by a 
date certain. 
We also request a sentence be added to paragraph 59 which states "These and other fees in 
connection with importation are discussed furt her in the Working Party Report section on 
"Fees and Charges for Services Rendered " and Table X [Table X - Fees]." 
Answer:  
The said fees have been added to the revised Action Plan for bringing ad valorem  fees in compliance 
with Article VIII of the GATT 1994 (WT/ACC/YEM/31/Rev.2).  
Yemen agrees to the suggested addition language.  
Question 9 
We request that paragraph 67 in WT/ACC/SPE C/YEM/5/Rev.1 be revised to include the 
following commitment text: 
"The representative of Yemen confirmed that, [within three years from the date of accession in 
accordance with the Action Plan in Table [X – Trading Rights]] [from the date of accession], 
Yemen would grant any natural or legal person,  regardless of nationality or physical presence 
or investment in Yemen, the right to be the im porter of record of any product allowed to be 
imported into Yemen (including the right to be  granted technical clearance as described in 
paragraph [102]), at any level of distribution.  He further confirmed that Yemen's laws and 
regulations relating to the right to trade in good s, and all fees, charges and taxes levied in 
connection with such trade (including fees as de scribed in paragraphs [59] and [103] and in the 
Action Plan in Table [X – Fees]), would conf orm fully with its WTO obligations, including 
Articles VIII, III and XI of the GATT 1994.  The Working Party took note of these 
commitments." 
Answer:  
Yemen agrees to the revision of paragraph 67 to read as follows: "The representative of Yemen confirmed that with in 3 years from the date of accession in accordance 
with the Action Plan (X-Trading Rights) Yemen wo uld grant any natural or legal person of a WTO 
Member, regardless of physical presence or investment in Yemen, the right to be the importer of 
record of any product allowed to be  imported into Yemen, including th e right to be granted technical  WT/ACC/YEM/33 
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 clearance as described in paragraph [102].  He furt her confirmed that Yemen's laws and regulations 
relating to the right to trade in goods, and all fees, charges and taxes levied in connection with such 
trade, including fees as described in paragraphs [ 59] and [103] and in the Action Plan in Table 
(X-Fees), would conform fully with its WTO obligat ions, including Articles VIII:I(a), III:2 and 4 and 
XI:I of the GATT 1994.  The Working Party took note of these commitments." 
Question 10 It is noted in the Draft Report of the Working Party (page 21, paragraph 66) that "the system 
for registering importers of record is expected to be ready by mid-2010".  This seems to indicate 
that Yemen is ahead of schedule as outlined in the Action Plan for Implementing Trading 
Rights Commitment (WT/ACC/YEM/24/Rev.2) which indicates that 2010-2011 will be 
dedicated to studying the impact of implementing such a system.  We appreciate Yemen's 
commitment towards moving forward with th is Action Plan in a timely manner.  
However, it is now not clear why Yemen continu es to require a three-year transition period (as 
indicated in the response to Question 7 of WT/ACC/YEM/32) to meet the bracketed commitment outlined in paragraph 67 of th e Draft Report of the Working Party.  
Will Yemen revise the Action Plan for Implementi ng Trading Rights Commitment to align with 
the bracketed commitment made in paragraph 67 , "[from the date of accession] Yemen would 
grant any natural or legal person, domestic or fore ign, the right to be the importer of record of 
any product allowed to be imported into Yemen"? 
Answer:
 
Please note that the registration system is still unde r consideration, therefore, Yemen continues to 
request a transitional period in accordance with the supporting Trading Rights Action Plan 
(WT/ACC/YEM/24/Rev.3).  
Question 11 
We would be satisfied with the commitment lang uage (currently brackete d) in paragraph 66. 
Answer:  
Please refer to the answer to Question 9. 
Question 12 
Non-Yemeni nationals cannot register and import  for commercial use.  Foreign companies 
willing to import have to establish a Yemeni comp any or appoint an agent based in Yemen.  We 
have noted on several occasions that these aspect s of the Yemeni trading rights regime breach 
Articles III and XI of the GATT 1994.  Also, th e compatibility of the re gistration fees with 
Article VIII of the GATT 1994 is doubtful.  Yemen has already addressed some issues and is 
reviewing its trading rights regime to eliminat e its discriminatory and restrictive elements.  
Answer:  
Please refer to the answer to Question 9.  WT/ACC/YEM/33 
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 A. IMPORT REGULATIONS 
- Ordinary customs duties Question 13 Article 24 of the Investment Law No. 22/2002 provides for a tariff increase or imposition on 
imports competing with domestic production which relies on domestic inputs.  We note that 
there is no such provision in the new draft Investment Law and of Yemen's commitment in 
paragraph 70.  
Answer:
 
Noted. 
- Other duties and charges 
Question 14 
Paragraphs 73 and 74 of the Draft Working Party Report should be merged into one paragraph 
which clarifies Yemen's specific commitments concerning other duties and charges within the meaning of Article II:1(b) of the GATT 1994.  This paragraph needs to clarify that from the date of accession, all other duties and charges on  imports will be consolidated into a single 
ad valorem  fee bound at 0.25 per cent.  Additionally and separately, this paragraph needs to 
clarify that Yemen will phase out the ad valorem  fee of 0.25 per cent over a five year transition 
period from the date of accession, and that  Yemen's final bound rate on other duties and 
charges at the end of this transition period will be zero. 
Answer:
 
Yemen agrees to merge paragraphs 73 and 74 of the Draft Working Party Report to read as follows: 
"Yemen confirms that, from the date of accession and in accordance with its Schedule, other duties 
and charges within the meaning of Article II:1( b) of the GATT 1994, attendant on importation of 
products from the territories of other Member s, will be consolidated into a single ad valorem  fee 
bound at a rate of 0.25 per cent.  Further Yemen conf irms that, after a five- year transition period from 
the date of accession, these other duties and char ges will be bound at zero.  The Working Party took 
note of this commitment." 
Question 15 
We would agree to the commitment as drafted (and currently bracketed) in paragraph 74. 
Answer:  
Please refer to the answer to Question 14. 
- Tariff rate quotas, tariff exemptions 
Question 16 
Paragraph 79 should be revised to state the following commitment text:  WT/ACC/YEM/33 
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 "The representative of Yemen confirmed that, from the date of accession, Yemen would apply, 
allocate and administer any tariff rate quotas, if in troduced in the future, in conformity with the 
WTO Agreement, including Articles I, II, III, VI II, X, XI and XIII of the GATT 1994, Article 4 
of the Agreement on Agriculture, Article 2 of the Agreement on Trade-Related Investment Measures, and the Agreement on Import Licensing  Procedures.  The Working Party took note 
of these commitments." 
Answer:
 
Yemen confirms acceptance of th e commitment language as it appears in paragraph 79 of the Draft 
Working Party Report: 
"The representative of Yemen confirmed that fro m the date of accession any tariff rate quotas, if 
introduced in the future, would be applied and ad ministered in conformity with WTO rules and 
regulations, including most-favored nation and nati onal treatment provisions.  The Working Party 
took note of this commitment."  (Paragraph 79 of the Draft Working Party Report). 
- Fees and charges for services rendered 
Question 17 
We appreciate the Action Plan for bringing ad valorem  fees in compliance with Article VIII of 
the GATT 1994.  We request that Yemen please incl ude in this action plan the fee that will be 
charged to replace the 3 per cent warehouse fee.   
We request the following be inserted after pa ragraph 84 in WT/ACC/SPEC/YEM/5/Rev.1 as a 
proposed commitment paragraph in lieu of  the existing commitment paragraph 85: 
"84bis.  The representative of Yemen confirmed that, consistent with the action plan set out in 
Table [X], Yemen would progressively bring its f ees and charges in connection with importation 
or exportation into compliance with Article V III of the GATT 1994.  To this end, laws and 
regulations during the transition period would no t be implemented in a manner that resulted in 
a lesser degree of consistency with Article VIII  of the GATT 1994.  He further confirmed that, 
during this requested transitional period, Yemen would ensure that its laws and regulations 
concerning fees and charges for services rendered wo uld be applied in a manner consistent with 
other provisions of the WTO Agreement, includ ing on a non-discriminatory basis consistent 
with Articles I and III of the GATT 1994.  He al so 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 such existing fees a fter accession, would be in conformity with WTO 
provisions, including Article VIII, and accordingly would not authorize or permit 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. 
Table X:  Action Plan for Implementation of Article VIII.1 of the GATT 1994  
Ad valorem  Fee to be Replaced New Specific Fee Timeframe 
Fee for assessment certificate for 
goods subject to accredited standards Minimum YRls 10,000. 
Maximum YRls 200,000. Done 
Fee for goods in warehouse [description] January 2011 WT/ACC/YEM/33 
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 Import licence fee for analyzing and 
control of imported or locally manufactured ph armaceutical and 
medical appliances with specific fee US$200 for batch whos e value equals or 
exceeds US$10,000; and US$100 for 
every batch less than US$10,000.   
US$100 service fee for issuing an 
import licence for medical appliance for every invoice bill. January 2012 
Import licence fee for plant pesticid es YRls 20,000 per permit January 2013 
Fee for quarantine services for drugs, 
vaccines, antiseptics, etc.; ornamental fish and birds; and dog and cat food YRls 10,000 for each  consignment of 
drugs, vaccines, antiseptics. YRls 7,000 for each consignment of 
ornamental fish and birds. 
YRls 7,000 for each consignment of god 
and cat food. January 2013 
Import licence fee for explosives and 
fireworks YRls 100,000 per permi t for explosives 
and fireworks. January 2013 
 
Answer:  
The 3 per cent warehousing fee has been  replaced with the fees as follows: 
- Warehousing (Real):  YRls 500 annually per square meter of storage space.  
- Warehousing (Special):  YRls 20 per kilogram. 
- Duty Free:  YRls 6,000,000 annually. 
Yemen would accept the following proposed commitment language: 
"The representative of Yemen confirmed that, consis tent with the Action Plan set out in Table (X), 
Yemen would bring its fees and charges in c onnection with importation or exportation into 
compliance with Article VIII and Article X of the GA TT 1994, after the end of the transitional period.  
To this end, laws and regulations during the tran sition period would not be implemented in a manner 
that resulted in a lesser degree of consistency w ith Article VIII of the GATT 1994.  He further 
confirmed that, during this transitional period, Ye men would ensure that its laws and regulations 
concerning fees and charges for services rendered woul d be applied in a manner consistent with other 
provisions of the WTO Agreement, including on a non- discriminatory basis consistent with Articles I 
and III of the GATT 1994.  He also confirmed that  any new laws and regulat ions governing fees in 
connection with importation or expor tation established after accession, as well as any revisions made 
to existing fees after accession, would be in conf ormity with WTO provisions, including Article VIII, 
and accordingly 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." 
Question 18 
Some of the fees listed in Table 7 fall foul of Article VIII of the GATT 1994 as they are 
ad valorem .  Others are problematic because albeit sp ecific in nature they might not be limited 
to the approximate cost of the services rende red.  As to the commitment language at 
paragraph 85, we would agree to the first version  as it is clearer and includes a reference to 
Article X of the GATT 1994 which ensures that the fees will be published.  
Answer:  
Please refer to the answer to Question 17.  WT/ACC/YEM/33 
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 - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 19 With respect to the information provided in pa ragraph 97 of the Draft Working Party Report, 
and in WT/ACC/YEM/20/Add.1, import permits issued for imports of animals, birds, animal products, and animal health and production applia nces are valid for only 21 days from the date 
of issuance.  Also, according to Yemen, import permits must be obtained 15 days prior to the 
date of importation, and permits cannot be ob tained for goods arriving at the port without a 
permit.  We are concerned that this short va lidity period will thus restrict the ability of 
importers to import these goods.    
We request that Yemen please explain this process in greater detail. 
What is the reason behind the short validity period ?  Has consideration been given to extending 
the validity period?   
Answer:
 
The implementing Regulation No. 1 of 2006 of the Law No. 17 of 2004 on "Organization and 
Protection of Animal Wealth" defines the term of validity of the health import permit by 21 days from 
the date of issue.  Extension shall be made automa tically for a similar period if the need arises.  
Experience over the years suggested that such arrange ment have been appropriate; no complaints have 
been filed in connection with th e validity period of the permits. 
With regard to the application to obtain Veterinary  Health Permit prior to importation, the period has 
been amended by an Administrative Order so that its  duration is not less than one week from the date 
of importation.  This period is considered appropr iate to finalize the process of issuing import permits. 
Question 20 With respect to paragraph 101 of the Draft Working Party Report, Yemen indicates that 
importers of artistic or literary works, m agazines, and newspapers must submit, along with 
other documentation, a document "indicating the approval of the publication or distribution 
company."   
Could Yemen please elaborate on this requireme nt?  What specific documentation would be 
accepted?  Is there a particular format for the documentation? 
What is the reason for such a requirement? 
Answer:
 
- This requirement is associated with presenta tion of a statement from the publisher or the 
principal company identifying the local distribut or of artistic, literary works, magazines and 
journals. 
- The specific acceptable documents are: th e aforementioned statement from the publisher 
principal with regard to artistic work, journals and magazines.  With regard to artistic work, a 
copy of the contract concluded between the producing company/ distributor and importer. 
- No specific format is required for this purpose. 
The reason for this request is to protect the cont ractual rights between the importers and exporters 
with regard to distributing such products. WT/ACC/YEM/33 
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 Question 21 
With respect to Question 19, WT/ACC/YEM/32, Yemen indicated that it would include 
provisions in its legislation for the protection of  confidential trade information or trade secrets 
on chemicals (such as the concentratio n and preparation of a pesticide).   
We understand that Yemen's draft legislation con cerning patents, as well as new legislation on 
pesticides and fertilizers will address the protecti on of confidential trade information.  Can 
Yemen please verify the specific articles of this le gislation that it believes will adequately protect 
confidential trade information or trade secrets? 
Is there any other legislation that will protect this information? When does Yemen anticipate that such provisions will be implemented? 
Answer:
 
- Protection of secret information is provided fo r in Articles 32-35 of the Draft Law on Patent 
Utility Models and Integrated Circu its and Undisclosed Information. 
- An article  on protection of secret informati on shall be added to the implementing regulation 
of Law  No. 25 of 1999 concerning the Regulation of Handling Pesticides for Plant Pests. 
- Yemen expects the legislation on secret information to be issued by the end of 2010. 
Question 22 
Paragraph 104 of the Draft Working Party Report needs to be revised to reflect the following 
commitment text: 
"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 oth er restrictions having equivalent effect, that 
cannot be justified under the provisions of the WTO Agreement.  He also confirmed that, if balance-of-payments 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 the legal authority of the Government of Yemen to suspend imports and exports or to apply licensing requirements that could be used to suspend, ban, or otherwise 
restrict the quantity of trade, would be applied fr om the date of accession in conformity with the 
requirements of the WTO Agreement.  The Work ing Party took note of these commitments." 
Answer:
 
Yemen agrees to revise paragraph 104 of the Draft Working Party Report to read as follows: 
"The representative of Yemen confirmed that, fro m the date of accession, Yemen would eliminate and 
would not introduce, re-introduce or apply quantita tive restrictions on imports or other non-tariff 
measures such as licensing, quotas, bans, prior au thorization requirements, licensing requirements, 
and other restrictions having equi valent effect, that cannot be justified under the provisions of the 
WTO Agreement.  He also confirmed that, if balance-of-payments measures were necessary, Yemen 
would impose them in a manner c onsistent with the relevant WT O provisions, including Articles XII 
and XVIII of the GATT 1994 and the Understandi ng on Balance-of-Payments Provisions of the 
GATT 1994.  He further confirmed Yemen would only suspend imports and exports or apply  WT/ACC/YEM/33 
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 licensing requirements that could be used to suspend, ban, or otherwise restrict the quantity of trade, 
from the date of accession in conformity with the requirements of the WTO Agreement.  The 
Working Party took note of these commitments." 
Question 23 
As noted in previous occasions, the import proh ibitions in Table 10 breach Article XI of the 
GATT 1994.  The justifications do not seem to hold water in particular vis-à-vis certain 
products.  Regarding the import ban on machinery older than 15 year, as there seems to be no measure banning domestic sales of these products, a GATT Article XX justification looks arduous.  We understand that a decree setting the technical and environmental criteria to be met for the importation of machinery older than 15 years is under way.  Would this also apply 
to the sale of domestic machinery older than 15 years? 
Answer:
 
Yemen finds it difficult to apply those criteria to th e machines already in the country.  Nevertheless, 
applying those criteria to new imports will, de fa cto, eventually reflect on the domestic market.  
Yemen is open to consider similar systems in u se in other WTO Members pertaining to the domestic 
sale of old machinery.  
Question 24 
We understand that Yemen will revise its legislation in this field in line with discussions 
undertaken at bilateral level and would be intere sted in knowing which legislative steps it has 
been taking/does it intend to take. 
Answer:  
A draft decree is under preparation. 
Question 25 
As we noted before, Yemen might not formally have an import licensing regime in place but 
substantially its import permits are "administrat ive procedures requiring the submission of an 
application or other documentation to the relevan t administrative body as a prior condition for 
importation" (Article 1 ILP).  Non-automatic impo rt licenses constitute a violation of Article XI 
of the GATT 1994 and can be maintained only if justified.  Various WTO-incompatible aspects 
of its permit system are already tack led in the section "trading rights". 
Answer:  
Yemen confirms that the import licensing regime  will be applied in conformity with WTO 
Agreements. 
Question 26 Is Yemen going to replace the ad valorem  fee to get the permit to import explosives and 
fireworks, pesticides, drug and medical appliances?   These fees appear to be in breach of 
Article VIII of the GATT 1994.  WT/ACC/YEM/33 
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 Answer:
 
Kindly refer to the detailed updated Action Plan for transforming ad valorem  fees for services 
rendered to comply with Article VIII of th e GATT 1994 Agreement (WT/ACC/YEM/31/Rev.2), 
which clarifies that those specific fees will replace ad valorem  fees in respect of imports permits for 
explosives and fireworks, pesticides, pharmaceuticals and medical appliances. 
- Customs valuation Question 27 Comments on Yemen's Draft Decree of the Pr ime Minister concerning Customs Valuation: 
We request that Yemen please explain the process by  which this draft decree will become law.   
Will the Draft Decree of the Prime Minister conc erning Customs Valuation eventually replace 
the Customs Law No. 14 of 1990?   
Answer:
 
Please note that the draft decree represents an im plementing regulation to implement the Customs 
Law, i.e. it will not replace the Law. 
Question 28 
Questions pertaining to specific articles of the Draft Decree: 
Article 1:  This article attempts to incorporat e parts of Articles 1 and 8 of the WTO Valuation 
Agreement.  We suggest elimination of the term "contractual value" in the definition of "transaction value."  The focus of transaction value  is on the "price actually paid or payable for 
the goods when sold for export" to Yemen.  Ther e may be situations when the price is not the 
amount as stated in a contract. 
Answer:
 
A copy of the new draft decree is available fo r consultation (see document WT/ACC/YEM/33/Add.1).  
The new draft has fully reflected the provisions of  the Agreement on Implementation of Article VII of 
the GATT 1994.  Questions pertaining to specific articles, below, have been addressed in the new 
draft accordingly.  
Question 29 Article 1.1-1.9:  We recommend that the nine enum erated additions to the price actually paid or 
payable, as listed in Article 1, be restructured for clarity.  Specifically: 
- The first three Articles should be subsets of a general heading that provides that they 
will be additions to the extent that they are incurred by the buyer but are not included 
in the price actually paid or payable for the goods. 
Answer:
 
Please refer to the answer to Question 28.  WT/ACC/YEM/33 
 Page 13 
 
 
 Question 30 
With regard to the subsets: - Article 1.3 should make reference only to "the cost of packing whether for labour or 
materials."  The reference to "substances that  were consumed in the production of the 
imported goods" should be moved to  a subset under "goods and services." 
- Articles 1.4, 1.5 and 1.6 should be restructured as follows:  The current language of 
Article 1.4 should be a separate heading, and Articles 1.5 and 1.6 should be subsets of Article 1.4.  An additional subset should be included for "materials consumed in the production of the imported goods."  Also, Arti cle 1.4 should be expanded to specify "the 
value, apportioned as appropriate, of the following goods an d services where supplied 
directly or indirectly by the buyer free of char ge or at reduced cost for use in connection 
with the production and sale for export of the imported goods, to the extent that such 
value has not been included in the price actua lly paid or payable."  Finally, the words 
"and necessary for the production of the imported goods" should be included in subset Article 1.5. 
- The statement appearing at the end of Article 1, that is, "[t]he transaction value shall be 
computed on objective basis," should also specify "quantifiable." 
Answer:
 
Please refer to the answer to Question 28.  
Question 31 Article 2:  We are concerned that the following bolded language in Article 1 is too vague: "there 
are no restrictions as to the disposition or u se of the goods by the buyer other than restrictions 
stated in the applied laws."  To comply wi th Article 1 of the WTO Valuation Agreement, 
reference should be made to restrictions in Article 1 of the WTO Valuation Agreement. 
Answer:
 
Please refer to the answer to Question 28.  
Question 32 Article 2.4(a):  A reference should be made to "t he circumstances of the sale," as provided by 
Article 1.2(a) of the WTO Valuation Agreement. 
Answer:
 
Please refer to the answer to Question 28.  
Question 33 
Article 2.4(b):  This provision should include an explanation and definition of the test values as 
provided by Article 1.2(b) of the WTO Valuation Agreement. 
Answer:  
Please refer to the answer to Question 28.  WT/ACC/YEM/33 
Page 14  
 
 Question 34 
Article 3:  The draft provided skips Article 3, going straight from Article 2 to Article 4. 
Answer:
 
Please refer to the answer to Question 28.  
Question 35 
Article 4:  Does Yemen intend to make a reservat ion in accordance with Annex III, paragraph 3 
of the Valuation Agreement?  Otherwise, it is ou r belief that the importer's election of the use of 
the computed value method before the deductive value method should not be conditioned on acceptance from Yemeni customs. 
Answer:
 
Please refer to the answer to Question 28.  
Question 36 
Article 5(a):  The phrase "or about" should be  added to the provision so it reads: "goods are 
exported at or about the same time". 
Answer:  
Please refer to the answer to Question 28.  
Question 37 
Article 5(c):  This provision needs to state that where there are no sales of identical goods at the 
same commercial level and in substantially the same quantity as the goods being valued, the 
transaction value of identical goods sold at a different commercial level and/or in different quantities, adjusted to take account of differen ces attributable to commercial level and/or to 
quantity, shall be used, provided that such adjustments can be made on the basis of 
demonstrated evidence which clearly establis hes the reasonableness a nd accuracy of the 
adjustment, whether the adjustment leads to an increase or a decrease in the value.  We believe the current wording does not fully capture this concept. 
Additionally, the WTO Valuation Agreement al so calls for adjustments for significant 
differences in transportation costs, if applicable.  Language to this effect should be included. 
Answer:
 
Please refer to the answer to Question 28.  
Question 38 Article 6:  The same comments as in the preceding paragraph apply. 
Answer:
 
Please refer to the answer to Question 28.   WT/ACC/YEM/33 
 Page 15 
 
 
 Question 39 
Article 7:  The word "or" should be added to th e draft text so that the phrase reads as follows:  
"at or about the time of importation of the goods being valued, or within 90 days as of the importation…" 
We are also concerned that the second paragr aph does not fully incorporate the concept of 
further processing, the central concept to superde ductive value.  This issue should be addressed 
in future drafts. 
Answer:
 
Please refer to the answer to Question 28.  
Question 40 
Article 8(b):  The language in (b) needs to be  reworded to more accurately reflect the WTO 
Valuation Agreement.  Article 6.1(b) of the WTO Valuation Agreement refers to "an amount 
for profit and general expenses equa l to that usually reflected in sales of goods of the same class 
or kind as the goods being valued which are made by producers in the country of exportation for export to the country of importation."  In contrast, the language of the Draft Decree is as 
follows: "the amount of profit and public expe nses in equivalent to the amount in connection 
usually with sales of the imported goods of the same class or kind, which are valued and manufactured by producers in the exportation count ry for export them to Yemen."  Allowing 
for translation discrepancies, it should be clarified that the amount of profit and general expenses applies to the profit and general expe nses of the producers, not to the profit and 
general expenses realized in sales of the goods once they have been imported into Yemen. 
Answer:
 
Please refer to the answer to Question 28.  
Question 41 Article 10.2:  For full compliance, Yemen's legisl ation needs to specify that the importer has the 
right to appeal to a judicial authority.  Also, the Draft Decree should specify that notice of the 
decision on appeal, and the reasons therefore, sh all be provided in writing.  The importer 
should also be informed of any further appeal rights. 
Answer:
 
Please refer to the answer to Question 28.  
Question 42 Article 10.4:  We believe that Yemen should specify  if the conversion rate to be used will be that 
in effect at the time of exportation or the time of importation. 
Answer:
 
Please refer to the answer to Question 28.  WT/ACC/YEM/33 
Page 16  
 
 Question 43 
We are concerned that the following elements are absent from the Draft Decree, and request 
that Yemen please explain how it is updating  the Draft Decree to reflect these elements: 
- In conformity with Article 13 of the WTO Va luation Agreement, the assurance that if it 
becomes necessary to delay the final determin ation of customs value, the importer of the 
goods shall nevertheless be able to withdraw them from customs if, where so required, 
the importer provides sufficient guarantee in the form of a surety (customs bond), a deposit or some other appropriate instrument, covering the ultimate payment of customs duties for which the goods may be liable.  The legislation of each WTO Member shall make provision for such circumstances. 
- The definitions of the various terms as provided in Article 15 of the WTO Valuation 
Agreement. 
- The Interpretative Notes of the Agreement. 
How does Yemen intend to incorpor ate these into its legislation? 
Answer:
 
- The Decree has been redrafted in accord ance with the Agreement on Implementation of 
Article VII of the GATT 1994.  
- Definitions have been added in accordance w ith Article 15 of the WTO Valuation Agreement.  
- Article 14 of the Draft Decree incorporates the Interpretative Not es of the Agreement. 
Question 44 
Comments concerning the Working Party Report: 
With respect to Yemen's Action Plan for Im plementation of the Agreement on Customs 
Valuation, we note that Yemen is requestin g a five year transition period for full 
implementation of the CVA.   
We find this transition period to be excessive for a central element of Yemen's trade regime, and 
recommend that Yemen implement the CVA no later than 31 December 2013.   
Answer:  
Yemen reiterates that the requested transitional pe riod is necessary for implementing Article VII of 
the GATT 1994 on customs valuation as supported by the Action Plan (WT/ACC/YEM/19/Rev.2), i.e., 31 December 2015. 
Question 45 
We note that other acceding LDCs have been able to implement some parts of the CVA sooner 
than others within a specified transition period , but that Yemen is requesting not to implement 
any part of the CVA until the end of a transition period.   
We request 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.    WT/ACC/YEM/33 
 Page 17 
 
 
 Answer:  
Please refer to the answer to Question 44. 
- Preshipment inspection 
Question 46 We request that the following commitment text  be included after paragraph 122 in the Draft 
Working Party Report: 
"The representative of Yemen confirmed that if pre-shipment inspection requirements were 
introduced, they would be temporary and in  conformity with the requirements of the 
Agreement on Pre-shipment Inspection and other relevant WTO agreements.  Yemen would take full responsibility to ensure that pre-shipment  enterprises operating on its behalf comply 
with the WTO Agreement, including the Agreemen ts on Technical Barriers to Trade, Sanitary 
and Phytosanitary Measures, Import Licensing Pr ocedures, the Implementation of Article VII, 
Rules of Origin, the Implementation of Articl e VI (Antidumping), Subsidies and Countervailing 
Measures, Safeguards, and Agriculture.  He further confirmed that the establishment of charges and fees would be consistent with Article VIII  of the GATT 1994 and that Yemen would ensure 
that the due process and transparency requirements of the WTO Agreement, including 
Article X of the GATT 1994, would be applied.  He also confirmed that decisions by such firms could be appealed by importers in the same way as administrative decisions taken by the 
Government of Yemen.  The Working Party took note of these commitments." 
Answer:
 
Yemen agrees to include the following commitments after paragraph 122 in the Draft Working Party 
Report: 
"The representative of Yemen confirmed that if pre-shipment inspection requirements were 
introduced, they would be in conformity with th e requirements of the Agreement on Pre-shipment 
Inspection and other relevant WTO agreements.  Ye men would ensure that pre-shipment enterprises 
operating on its behalf comply with the WTO Ag reement, including the Agreements on Technical 
Barriers to Trade, Sanitary and Phytosanita ry Measures, Import Licensing Procedures, the 
Implementation of Article VII, Rules of Origin, the Implementation of Article VI (Antidumping), 
Subsidies and Countervailing Measures, Safeguards, a nd Agriculture.  He further confirmed that the 
establishment of charges and fees would be consis tent with Article VIII of the GATT 1994 and that 
Yemen would ensure that the due process and tr ansparency requirements of the WTO Agreement, 
including Article X of the GATT 1994, would be applie d.  He also confirmed that decisions by such 
firms could be appealed by importers in the sa me way as administrative decisions taken by the 
Government of Yemen.  The Working Party took note of these commitments." 
- Anti-dumping, countervailing duties, safeguards regimes 
Question 47 Paragraph 124 should be revised to reflect the following commitment text: 
"The representative of Yemen confirmed that, from the date of accession, Yemen would not 
apply any anti-dumping, countervailing or sa feguard measure until it had notified 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, WT/ACC/YEM/33 
Page 18  
 
 and on Safeguards.  He further confirmed that Yemen would ensure the full conformity of such 
laws and regulations with the WTO Agreemen t, including Articles VI and XIX of the 
GATT 1994 and the Agreements on the Impl ementation of Article VI, Subsidies and 
Countervailing Measures, and Safeguards.  He also confirmed that, after such laws and 
regulations were implemented, Yemen woul d only apply any anti-dumping duties, 
countervailing duties and safeguard measures in  full conformity with the WTO Agreement.  
The Working Party took note of these commitments." 
Answer:
 
Yemen agrees to revise paragraph 124 to read as follows: "The representative of Yemen confirmed that, from the date of accession, Yemen would not apply any 
anti-dumping, countervailing or safeguard measure un til it had notified 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.  He 
further confirmed that Yemen would ensure the full c onformity of such laws and regulations with the 
WTO Agreement, including Articles VI and XIX of the GATT 1994 and the Agreements on the 
Implementation of Article VI, Subsidies and Count ervailing Measures, and Safeguards.  He also 
confirmed that Yemen would only apply any anti- dumping duties, countervailing duties and safeguard 
measures in full conformity with WTO Provisi ons.  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 
Question 48 In paragraph 126 of the Draft Working Party Repo rt, it is noted that Yemen will be replacing 
its ad valorem  export permit fee with a specific fee.  We understand that this fee only applies to 
pesticides.  We request that Yemen provide additi onal information on this fee, demonstrating its 
WTO consistency, for inclusion in the Working Party Report.   
Answer:
 
The fee for exporting pesticides will be amended in  accordance with the detailed updated Action Plan 
for transforming ad valorem  fees for services rendered to comply with Article VIII of the GATT 1994 
(WT/ACC/YEM/31/Rev.2).  
Question 49 
Certain fees listed in Table 14 are still ad valorem , not approximate to the cost of services 
rendered and in violation of Article VIII of th e GATT 1994.  At which point is Yemen in the 
revision of such fees?   
Answer:  
Revision of these fees has been completed.  Drafts  for the amendments of these fees are currently 
under preparation.   WT/ACC/YEM/33 
 Page 19 
 
 
 - Export restrictions 
Question 50 With respect to export permits, we understand that Yemen applies the same rules to all 
exporters, regardless of nationality.  We request  that a sentence be added to paragraph 127 of 
the draft Working Party Report that clarifies this practice.   
Answer:
 
Yemen agrees to add the following sentence to pa ragraph 127 of the Draft Working Party Report: 
"Rules pertaining to export permits would appl y to all exporters in accordance with Yemen's 
commitments on trading rights".  
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies 
Question 51 We request that the preceding section "Export subsidies" be combined with the section on 
"Industrial policy, including subsidies" in the Draft Working Party Report.   
Answer:
 
Yemen agrees to merge the two aforementioned parts. 
- Technical barriers to trade, standards and certification 
Question 52 With respect to paragraph 143 of the Draft Working Party Report, Yemen has noted that the 
process for developing technical regulations, st andards, and conformity  assessment procedures 
is the same.  Given that compliance with standa rds is voluntary while compliance with technical 
regulations is mandatory, we request that Yemen clarify at what stage in the development 
process YSMO determines that a measure is going to be either a standard or a technical regulation.  We also request that Yemen clarify that it intends to notify proposed technical 
regulations and conformity assessment proced ures to the WTO at the same time as YSMO 
circulates the drafts to con cerned entities in Yemen.  
Answer:
 
YSMO decides if a particular measure would either  be a standard or a technical regulation during 
formulation of the implementing development pl an.  YSMO, through the TBT enquiry point would 
notify WTO on proposed Technical regulations and conformity assessment procedures at the same time as it circulates drafts to Yemen entities. 
Question 53 
With respect to paragraph 145 of the Draft Wo rking Party Report, we request that Yemen 
please further explain how the conformity certific ate functions in practice and the purpose of WT/ACC/YEM/33 
Page 20  
 
 the certificate.  Yemen lists two companies that would inspect each shipment of all products 
listed in Table 16 that are to be exported to Yemen: 
- Is this inspection mandatory? 
- Is the conformity certificate separate from a nd in addition to a veterinary certificate, 
phytosanitary certificate or import licence? 
- Would a certificate endorsed by the competent authority of the exporting country 
suffice? 
Answer:
 
Conformity Assessment Certificates are issued at th e country or origin for the products contained in 
Table 16 by the two inspecting companies that have b een contracted to carry out the inspections.  The 
two inspection companies conduct conformity assessment procedures in accordance with the 
programme manual. 
- The purpose of the certificate is to ensure that goods entering the country conform to 
standards and regulations. 
- Pre-shipment inspection is compulsory for goods contained in Table 16, with the exception of 
food, agriculture or animal products that impor ters could choose to inspect either prior to 
shipment or upon arrival. 
- Conformity Certificates are independent and in addition to other certificates in accordance 
with the programme. 
- Conformity Certificates origin in respect of the products in Table 16 are issued by the two 
inspection companies. 
Question 54 Yemen states that it is conducting an analysis of  the necessity of confor mity assessment for each 
of the groups listed in Table 16.  We request that Yemen please update the Working Party on the status of this analysis.  Will Yemen notify  the WTO of any proposed additions to Table 16? 
Answer:
 
Pursuant to Yemen market survey and based on co nsumers' complaints, Table 16 has been drawn up 
to ensure that products entering Yemen's market ar e safe as verified by the inspection companies. 
Should there be an amendment to Table 16, WTO would be notified accordingly. 
Question 55 
Will these two companies have any role in form ulating the underlying technical regulations, 
standards, or conformity assessment procedures, or will such measures be developed solely by 
the Government of Yemen? 
Answer:  
The two companies play no role in formulating te chnical regulations or standards or conformity 
assessment procedures.  This is done only by the Yemeni Government.  WT/ACC/YEM/33 
 Page 21 
 
 
 Question 56 
Can Yemen confirm that the fees charged by thes e companies will be published in an accessible 
manner and that such fees will be commensu rate with the cost of services rendered? 
Answer:  
The fees for issuing Conformity Assessment Certif icates are set by YSMO and agreed upon with the 
two companies.  Information on fees is accessibl e through YSMO website www.ysmo-ye.org.  The 
fees are reflective of the cost for services rendered. 
Question 57 
How would "domestic capacity" influence the sel ection of products subject to conformity 
assessment?  Wouldn't the determination that a product needs to be subject to conformity 
assessment be based on the need to fulfil a legiti mate objective (e.g., due to a health or safety 
risk)? 
Answer:  
Products subject to conformity assessment in Tabl e 16 have been selected based on both meeting 
safety and health requirements as well as lack of domestic capacity to conduct conformity assessment 
procedures for these products.  When sufficient lo cal capacities are available to conduct conformity 
assessment, products will be removed from the table and YSMO, subsequently, will assume the 
responsibility of conducting the same at cu stoms entries points upon goods arrival. 
Question 58 
With respect to paragraph 145 of the Draft Work ing Party Report, we appreciate the addition 
of OIE to the list of accepted international st andard setting organizations for SPS purposes, but 
IPPC is missing.   
It is appropriate to list Codex, IPPC, and OIE as the key bodies for SPS purposes since these 
organizations are specified in the SPS Agreement.  Regarding the listing of bodies in the TBT context, however, the TBT Agre ement does not contain a list of international standard setting 
bodies.  Consequently, providing an exhaustive  list of bodies would not be appropriate and 
could result in Yemen being unable to use the rele vant international standard in some instances 
since the relevant international standard may be de veloped by a body that is not on the list.   
Therefore, we request that the language of the draft Working Party Report be modified to 
ensure that Yemen can utilize relevant internatio nal standards developed by any organization 
that adheres to the Code of Good Practice and the TBT Committee Decision principles in order to fulfil its legitimate objectives.   
Answer:
 
Yemen agrees to add IPPC to the list of orga nizations that set SPS international Standards. 
Yemen commits to utilize relevant international st andards that are developed by any organization 
adhering to the code of Good Practices and th e TBT Committee decision principles.  Yemen accepts 
using international standards as a base for setting national standards. WT/ACC/YEM/33 
Page 22  
 
 Question 59 
If there is a contradiction between an internat ional standard and Yeme ni standard, will Yemen 
accept the international standard? 
Answer:
 
Yemen accepts the international standards as a ba se for setting national standards in accordance with 
Article 2.4. 
Question 60 
With respect to paragraph 147 of the Draft Working Party Report, is mutual recognition the 
only option that Yemen foresees for recognition of results of conformity assessment, including 
accreditation?   
Answer:  
Mutual recognition is not considered by Yeme n as the only option for recognizing conformity 
assessment results, as the reply to Question 61 indicate.  
Question 61 
We note that the TBT Agreement does not li mit methods of acceptance of conformity 
assessment results conducted outside a Member' s territory to situations where an MRA has 
been negotiated, and that the appropriateness of  a given method may vary depending on the 
sector, the objective, the potential risks, and oth er factors.  Thus, negotiating MRAs (which are 
also highly resource intensive and time-con suming) may not be necessary, feasible, or 
appropriate in many circumstances.  For example,  many national toy safety regimes with testing 
requirements accept test results conducted by labora tories, wherever they are located, that have 
been accredited by an ILAC MRA signatory to conduct the testing.  They do not require that 
the Member in which the supplier is located negotiate an MRA with them to accept the supplier's products onto the market.  In ma ny instances, preconditioning acceptance of the 
results of conformity assessment on the negotiation of an MRA can be used to block, rather than facilitate, trade.   
We suggest that the text reflect that Ar ticle 6 of the TBT Agreement and various TBT 
Committee documents recognize that other tools m ay be utilized to facilitate the acceptance of 
conformity assessment results, and that Yemen w ill consider such tools in addition to mutual 
recognition as potential options.  
Answer:
 
Yemen will consider other tools to facilitate accep tance of conformity assessment results, in addition 
to mutual recognition, as possible alternatives. 
- Sanitary and phytosanitary measures 
Question 62 Comments concerning the Working Party Report:  WT/ACC/YEM/33 
 Page 23 
 
 
 Paragraph 155:  We appreciate that Yemen has stat ed its intent to apply standards in line with 
the international standards of CODEX, OIE a nd IPPC.  Our experts are still reviewing Law 
No. 17/2004 and the updated draft law "On Plant Quarantine".  Could Yemen please provide 
Members with a copy of the Law No. 38/1992 "On Control over Food"? 
Answer:  
A copy of Law No. 38/1992 and its amendment La w No. 13/2002 on "Food Control and Regulation 
on its Circulation" is available in Arabic a nd a translated copy will be submitted to the WTO 
Secretariat. 
Question 63 
Paragraphs 156-158: We appreciate the informat ion on the specific responsibilities of the 
various ministries in th ese paragraphs.  We note that it may be helpful if paragraphs 156-158 
were rewritten so that there were three separate paragraphs on the requirements for food safety, animal health, and plant health.  This ma y provide greater clarity as to which Ministry 
has responsibility for each issue.   
Answer:
 
Paragraphs 156-158 have b een redrafted as follows: 
Paragraph 156:  YSMO is mandated to ensure the safety of locally produced and imported food by 
means of ensuring their conformity to applicable  regulations.  It issues regulations, standards and 
technical systems related to food safety, including  Good Manufacturer Practic e, registration, import 
controls, risk management, certificates of conformity , safety systems for food in respect of milk and 
dairy products, tests for animal carcasses, sanitary  conditions for slaughtering animals, research, 
scientific testing, sampling, and development of la boratories capacities, it also assesses the conformity 
of imported food to conform with standards through, procedural inspection, verification of documents, 
and product testing, if necessary.  The following au thorities share with YSMO certain responsibilities, 
the Ministry of Public Works assumes the responsibi lity of control and circulation of food in local 
markets in coordination with YSMO, with a view to protecting the consumer from potential health 
hazards caused using food unfit for human consumption.  The Ministry of Public Health and 
Population, notifies competent authorities in cases where it receives notifications from WHO on food 
or animal consignments that may be  harmful to human health, such as the Ministry of Agriculture and 
Irrigation and YSMO on consignments so that necessary action is taken. 
Paragraph 157:  The Ministry of Agriculture a nd Irrigation oversees animal health quarantine and 
inspection of meat products and sanitary health co nditions for meat products and eggs production as 
mandated by Law on Organization and Protection of  Animal Wealth No. 17/2004.  It is also 
responsible for issuing Veterinary Certificates required prior to importation of unprocessed animal 
product consignments.  The Ministry is responsible fo r issuing Veterinary Certificates for consistency 
with the OIE recommendations.  With regard to anim al quarantine, the general right of litigation has 
regulated cases related to losses caused by negligen ce on the part of the quarantine administration.  
Proof of negligence is required to pursue cases for compensation. 
Paragraph 158:  The Ministry of Agriculture and Irri gation administrates plant health measures and is 
the body responsible for control, inspection and approval of plant h ealth measures, in addition to 
supervision of preparation and implementation of plant health measures.  Procedures for plant 
quarantine are implemented in accordance with  the Law on Plant Quarantine No. 32/1999.  
Application forms for pre-shipment permits for plant consignments are obtained either from the 
General Department for Plant Protection or from the Ministry of Agriculture website WT/ACC/YEM/33 
Page 24  
 
 (www.mai-yemen.org) or from the website of the IPPC (www.ippc.int).  Completed application form 
together with a receipt for appli cable fee (Table 7) is then subm itted to the Department for plant 
quarantine that examines the application, based on a risk analysis, and either grants the permit which 
contains the health terms and conditions which should  be met, or declines the issuance of the permit.  
The applicant is informed of the reasons for su ch decision.  Sampling is the normal practice and 
100 per cent testing of cases is limited to consignm ents deemed to be of a high potential risk. 
Question 64 
Paragraph 156 explains that YSMO assessed the conformity of imported animal and food 
products, fodder, and agricultural and fish ery produce through in spection, document 
verification and product testing if necessary, wh ile the Ministry of Agriculture and Irrigation 
oversees the implementation of phytosanitar y measures and enforced plant and animal 
quarantine.  Are there areas of coordination among the ministries involved?  Also, please 
provide further information about the role of th e Ministry of Public Health and Population.   
Answer:
 
There is coordination between concerned authoriti es.  Efforts are being devoted to develop and 
improve this coordination on continual basis. 
The Ministry of Public Health and Population plays a role in receiving notifications from the WHO, if 
available, on food stuff that may be hazardous to  human health and thus the Ministry provides 
concerned authorities, such as the Ministry of Agriculture and Irrigation and YSMO, with details 
about these consignments so that they can take necessary measures. 
Question 65 
Paragraph 157:  Yemen states that YSMO has au thority over food safety.  However, in the 
following paragraph, it is stated that the Ministry of Agriculture and specifically the 
Department of Plant Quarantine had the authority to grant permission for plant imports.  Does 
the Ministry of Agriculture report to the YSMO?   
Answer:  
The YSMO is mandated to oversee and verify food safety requirements.  It prepares, accredits and 
implements health measures related to safety of food for human consumption. 
The Ministry of Agriculture and Irrigation does not report to YSMO and is responsible for issues 
related to animal and plant health. 
Question 66 
Paragraph 158:  We appreciate that Yemen is in need of technical assistance necessary to define 
a list of quarantine pests.  How is Yemen cu rrently determining the pest risk of a given 
product?  We would strongly encourage Yeme n to rely on the guidelines of the IPPC in 
determining appropriate risk. 
Answer:  
Yemen currently defines the pest risk of a given product in the light of Plant Quarantine List governed 
by the plant health regulations, which defined in acco rdance with the results of a pesticide survey that 
was carried out in 1993.  Yemen intends to appl y IPPC guidelines, and hope to receive technical  WT/ACC/YEM/33 
 Page 25 
 
 
 assistance to do so as soon as possible.  Yemen need s technical assistance to carry out a pesticide 
survey and risk analysis of pesticide so that it can define a list of pest quarantine in the country. 
Question 67 
Paragraph 158:  With regard to import of animal origin product, Yemen has stated its intent to 
use an OIE consistent certificate.  We appreciate that Yemen provided an animal health 
certificate to the WTO Secretariat; however, we h ave concerns about some of the statements in 
the certificate.  We will provide comments on the certificate separately. 
Answer:  
Noted. 
Question 68 
Paragraph 159:  Could Yemen provide us with an update on the review of Animal Wealth Law 
No. 17/2004 with OIE standards and the SPS Agre ement? We would also appreciate an update 
on the draft Law "On Plant Quarantine".   
Answer:  
The Animal Wealth Law is currently under review  by a consultancy company, funded by the World 
Bank.  The Plant Quarantine Law h as been reviewed by international legal expert discussed with 
concerned authorities, including the private sector.  It is included in the Legislative Action Plan and 
will be presented to the Council of Ministers, accordingly. 
Question 69 
Paragraph 161:  Could Yemen explain further the actions it takes with regard to high path/low 
path AI?  Regarding the statement that "importation of beef and live cattle were prohibited 
from BSE infected countries", this is not cons istent with OIE recommendations for BSE.  
Further, this contradicts the Health Certificate for Export of Bovine Meat that Yemen submitted to the Secretariat.  What steps is Yemen going to take to apply OIE consistent 
treatment for trade in beef and live cattle? 
Answer:
 
Yemen intends to comply with the recommendations of  the OIE with regard to trade in beef and live 
cattle.  However, Yemen does not have the full techni cal capabilities to do so.  We hope to receive the 
necessary technical assistance and capacity building. 
Question 70 
Chapter 11.6 of the Terrestrial Code provid es recommendations to manage the human and 
animal health risks associated with the presence of the BSE agent in cattle.  In Article 11.6.2 the 
Terrestrial Code prescribes the criteria to determ ine the BSE risk status of the cattle population 
of a country, zone or compartment.  The Quest ionnaire for BSE-Status Recognition prescribes 
the criteria to determine the BSE risk status of the country, zone, or compartment.  Classification of a country's cattle populatio n by the OIE provides objective international 
recognition that the science-based mitigation meas ures and regulatory controls the country has 
in place will effectively manage any risk of BSE.  WT/ACC/YEM/33 
Page 26  
 
 Answer:
 
The comment will be taken into account. 
Question 71 
Paragraph 161: We welcome Yemen's intent to comply with Codex and OIE regarding 
tolerance for hormones; we would encourage Yeme n to harmonize its MRLs to Codex as well.  
In addition, where there is no provision in Co dex, we would encourage Yemen to utilize the 
science and standards of other Members in establishing its MRLs. 
Answer:  
Yemen confirms its intention to comply with the requirements of Codex and OIE with regard to the 
level of acceptable hormones and conformity with the requirements of MRL in accordance to Codex, 
or to utilize other international standards, incl uding science and standards of WTO Members when 
setting up an MRL system for Hormones in Yemen. 
Question 72 
General comments as stated in document WT/ACC/SPEC/YEM/5/Rev.1 of 23 April 2010: 
Has Yemen already signed equivalence agreement  or equivalence system with neighbouring 
countries?  If yes please provide the countries involved? 
Answer:  
Yemen has not signed any equivalence agreement or equivalence system with neighbouring countries. 
Question 73 
Referring to the technical assistance required in  a very great number of fields, and financial 
assistance as well (proposed measures are entirely  conditional on expertise in training staff, 
building capacity and technical assistance), we think that this necessary assistance will be 
forthcoming from the donor community and whet her in turn it succeeds in enabling Yemen to 
meet its accession obligations, in terms of SPS requirements. 
Answer:  
Yemen confirms the need for technical and financ ial assistance in all related SPS fields, which will 
enable Yemen to implement its obliga tions related to the said Agreement. 
Question 74 
The Table 18 is very helpful but it is worth hi ghlighting all the progress made in the review of 
the legislation, in terms of laboratories, in te rms of technical assistance already received, the 
needs identified in this field, i.e. a current state of play on all the activities identified in this relevant table.  The deadline for a full impl ementation of the WTO Agreement on the 
Application of Sanitary and Phytosanitary Measures is scheduled on 31 December 2014, 
meanwhile a regular update of upcom ing activities will be welcome.  WT/ACC/YEM/33 
 Page 27 
 
 
 Answer:  
Yemen confirms its commitments to fully impl ement SPS agreement by 31 December 2014.  There 
has been no development since the last update of the Action Plan.  Yemen affirms the importance of 
receiving the necessary technical assistance towa rds the implementation of SPS Action Plan. 
Question 75 
We have made a few specific comments and would like to invite the Yemeni competent 
authorities to continue all their efforts in orde r to put their regulations/legislations progressively 
in compliance with the SPS rules.  We take note of the request for a transitional period up to 
2014 to fully implement the SPS Agreement and invi te Yemen to take advantage of technical 
assistance available in a great number of fields. 
Answer:  
Please refer to the answer to Question 74. 
Question 76 
About the slaughter text:  The text provided is relating to religious prescriptions in Yemen for 
Halal meat.  We have no specific comments on  the matter but would like to mention that the 
principles are the EU animal welfare legislation on the protection of animals at the time of 
slaughter or killing (Directive No. 93/119/EC) includes provisions on the need that all animals should be spared any avoidable pain, suffering or distress. 
Answer:
 
Yemen applies humane slaughtering methods, in the official slaughterhouses, which alleviate animal 
suffering.  At the same time, Yemen works towards taking full account of international criteria 
(standards), including Articles 5.7.1 to 5.7.10, Chapter 5.7 "slaughter of Animals" of Terrestrial 
Animal Health Code. 
Question 77 
About the certificates provided by Yemen:  We would only note that Yemen is not currently an 
eligible country for imports of live animals, meat or meat products into the EU.  Any 
modification of the proposed certification document  has no influence on this current situation.  
Also the WTO membership of Yemen has no infl uence on the eligibility for imports of these 
products. 
Listing of a country for eligibility of meat imports requires that a range of conditions are 
fulfilled, and a model certificate is just one of them.  Certification requirements for live animals and fresh meat are laid down in Regulation No. 206/2010 of 12 March 2010 (OJ No. L73 of 
20 March 2010, page 1) and for meat products in Commission Decision No. 2007/777/EC 
(OJ No. L312 of 30 November 2007, page 49, la st amended by Decision No. 2009/864/EC (OJ 
No. L314 of 1 December 2009, page 97).  For minced meat and meat preparations, model certificates are defined in Decision No. 2000/572 as  amended.  Veterinary certificates for import 
of these products into the EU must comply with  these models.  This is not the case with the 
Health Certificate proposed by Yemen. 
Please find below some missing following elements: WT/ACC/YEM/33 
Page 28  
 
 - Reference to microbial criteria laid down in Regulation No. 2073/2005; 
- Reference to a residue monitoring plan in accordance with Directive No. 96/23/EC; 
- Reference to HACCP-based self controls and other relevant provisions of Regulation 
Nos. 852/2004, 853/2004 and 854/2004; 
- Statements related to hygiene during storage and transport; 
- Statements related to animal welfare; and 
- The list of certified diseases and disease-free periods is not consistent with EU 
requirements. 
The EU leaflets may explain the situation further. 
Answer:
 
Noted. 
Question 78 
Comments concerning the Health Certif icate for Export of Bovine Meat: 
We would like to thank Yemen for providing this  certificate for bovine meat.  However, this 
certificate has several statements that seem to pertain only to the EU.  The EU is not a 
recognized international standardizing body.  We would request that Yemen recognize that 
each exporting country has its own competent author ity.  We also request clarity as to whether 
this is the current certificate that Yemen uses for export of its product or an agreed certificate for imports of bovine meat into Yemen. 
Answer:
 
We wish to inform that this certificate is a sta ndard form and was designed by the Regional office of 
the OIE in the Middle East and is available in its website.  Yemen currently uses this certificate 
accordingly. 
The certificate contains standard health require ments which are usually requested by importing 
countries as required from veterinary authorities in the exporting country. 
This form is used in accord ance with the accredited standards set by relevant international 
organizations (Codex and OIE) or importing countries requirements. 
Question 79 
Specific comments on each section of the Heal th Certificate for Export of Bovine Meat; 
HEALTH ATTESTATION: 
I. Country of Origin and of Rearing: The bovine animals were born and reared until th ey were slaughtered on the territory of the 
country of origin. 
Comment:  That Yemen align its certificate to rec ognize OIE risk classification categories.  For 
example, the United States is recognized by the OIE as a controlled BSE risk country.  WT/ACC/YEM/33 
 Page 29 
 
 
 Answer:  
Yemen intends to make its certificate consistent with OIE risk classification categories.  
Question 80 
Countries where were born and reared the bovine animals have put in place a Cattle Tracing 
System (CTS) for identification of all cattle, their registration and their movements from birth 
to death, allowing tracing back the dam and the herd of origin 
Comment:  Including attestations on the heal th certificate regarding the country's cattle 
tracking system is not consistent with the recommendations of the Terrestrial Code.  
Articles 11.6.1, 11.6.10, and 11.6.11 of the Te rrestrial Code provide recommendations for the 
safe trade of deboned skeletal muscle meat, fresh  meat and meat products from negligible BSE 
risk countries and controlled BSE risk countries,  respectively.  Within these articles, the 
Terrestrial Code does not recommend the veterina ry certificate include attestations regarding 
the identification systems to achieve animal trac eability.  In addition, the categorization of a 
country's cattle population by the OIE provides an  objective international recognition that the 
science-based mitigation measures and regulator y controls the country has in place will 
effectively manage any risk of BSE. 
Answer:  
The comment is noted.  Please also refer to answer to Question 69. 
Question 81 
For non heat-treated meat (by pasteurization/steri lization): the territory of the zone, where have 
stayed the bovine animals six months before being slaughtered, is free from contagious bovine 
pleuropneumonia, foot and mouth disease, lumpy sk in disease, Rift Valley fever, rinderpest and 
epizootic haemorrhagic disease such as described by the OIE health code. 
Comment:  Permitting the import of non-heat tr eated meat only from cattle residing in zones 
free from the listed disease for the previous  6 months is not consistent with the 
recommendations of the Terrestrial Code.  We re quest that Yemen follow the recommendations 
of the Terrestrial Code.   
Answer:  
Yemen will follow the Terrestrial Code of OIE recommendations. 
Question 82 
Bovine Spongiform Encephalopathy: a. Countries where were born and reared the bovi ne animals comply with the conditions in 
Article 2.3.13.4. of the International Animal He alth Code of the OIE, to be considered as 
presenting a controlled BSE risk. 
Comment:  Limitation of imports of meat from b ovine animals born and raised in the exporting 
country and only from countries having been clas sified by the OIE as having a controlled BSE 
risk status is not consistent with the recommendations of the Terrestrial Code.  In addition, the 
certification does not provide for the import of meat and meat products from negligible BSE WT/ACC/YEM/33 
Page 30  
 
 risk countries.  Articles 11.6.1, 11.6.10, and 11.6.11 of the Terrestrial Code provide 
recommendations for the safe trade of deboned sk eletal muscle meat, fresh meat and meat 
products from negligible BSE risk countries a nd controlled BSE risk countries, respectively.   
b. These countries carry out an epidemiol ogical programme for BSE surveillance and 
eradication in accordance with the O. I.E recommendations, in particular: 
 - the infected animal and the cohort of animals at risk are fully destroyed when a 
confirmed BSE case occurs; 
 - the feeding of ruminants with meat-and-bone meal and greaves derived from 
mammals has been banned and the ban has been effectively enforced. 
Comment:  International standards do not recommend that the health certificate include 
attestations regarding the country's feed ban for a controlled BSE risk country or 
epidemiological programme for BSE surveillance a nd eradication.  Including attestations on the 
health certificate regarding the country's epid emiological programme fo r BSE surveillance and 
eradication, and feed ban attestations are no t consistent with the recommendations of the 
Terrestrial Code.  In addition, prohibiting the feeding of ruminant with meat-and-bone meal 
and greaves derived from all mammals is also not consistent with the recommendations of the 
Terrestrial Code.  Chapter 11.6 of the Terrest rial Code provides guidelines to manage the 
human and animal health risks associated with the presence of the BSE agent in cattle, including recommendations for the safe trade in fresh meat and meat products.  Within these 
articles, the Terrestrial Code does not recommend the veterinary certificate include attestations 
regarding the countries epidemiological progr amme for BSE surveillance and eradication. 
Answer:
 
The comment is noted. 
Question 83 
II. Herds Of Origin And Animals: The bovine animals do not originate from a BSE in fected or suspected herd; they have not been 
fattened with any food containing meat and bone  meal or any mammal proteins (except from 
milk), and were not treated with any an abolic or hormonal growth promoter. 
Comment:  Including attestation on the health ce rtificate regarding the herds of origin and or 
animals having been fed food containing meat and bone meal or any mammalian proteins (excluding milk) is not consistent with the recommendations of Articles 11.6.1, 11.6.10 and 
11.6.11 of the Terrestrial Code.  Within these articles the Terrestrial Code does not recommend 
that the health certificate include attestations regarding the herd of origin or feed bans.   
Answer:
 
The comment is noted. 
Question 84 
III. Production Plants: 
The bovine animals have been slaughtered in the country of exportation.  WT/ACC/YEM/33 
 Page 31 
 
 
 Comment:  Permitting the import of bovine meat only from animals that have been slaughtered 
in the country of export is not consistent with  the recommendations of the Terrestrial Code.  
Chapter 11.6 provides recommendations for the importation of bovine meat from countries based upon their BSE risk status.  Within this  chapter the Terrestrial Code does not require 
that the animals be slaughtered in the country of exportation.   
Answer:
 
The comment is noted. 
Question 85 
The bovine animals have been slaughtered in officially EU approved slaughterhouses under 
regular veterinary supervision. 
Comment:  Permitting the importation of bovine meat only from EU approved abattoirs is not 
consistent with international standards.  We  request that Yemen recognize an exporting 
countries competent authority.   
Answer:  
Yemen permits importation of meat from slaughter houses accredited by the competent authorities in 
the exporting countries.  
Question 86 
IV. Meat And Products: The bovine meat has been cut and processed in  officially EU approved plants under regular 
veterinary supervision. 
Comment:  Permitting the importation of bovine meat only from EU approved plants is not 
consistent with international standards.  Ea ch country has its own recognized competent 
authority and we request that Yemen recognize this. 
Answer:
 
Please refer to the answer to Question 85.  
Question 87 
The meat or meat products come from animals less than 30 months of age. 
Comment:  Permitting the import of bovine meat only from cattle less than 30 months of age is 
not consistent with the recommendations of the OIE.  Chapter 11.6 of the Terrestrial Code provides recommendations to manage the human and animal health risks associated with the presence of the BSE agent in cattle.  Recommendations for the import of meat and meat products are based upon the BSE risk status of the country of export. 
Answer:
 
The comment is noted. WT/ACC/YEM/33 
Page 32  
 
 Question 88 
The meat is totally free from SRMs in comp liance with the applicable EU regulation. 
Comment:  Requiring the import of bovine meat  in accordance with EU regulations is not 
consistent with the recommendations of the OIE.  Chapter 11.6 of the Terrestrial Code provides recommendations to manage the human and animal he alth risks associated with the presence of 
the BSE agent in cattle.  Within this chap ter the OIE does not recommend compliance with EU 
regulations or provide a definition for specified risk materials. 
Annex A of the Agreement on the Application of  Sanitary and Phytosanitary Measures (SPS 
Agreement) recognizes the standards, guidelin es and recommendations established by the OIE 
as the international standard for animal health. 
Answer:
 
The comment is noted. 
Question 89 
According to the national surveillance plans re quired by EU regulations, and which include 
analyses in approved labs, the meat is in conformi ty with the EU regulation or the international 
standards for radioactivity and residues of antibiot ic (including nitrofurans, chloramphenicol), 
hormones (including MPA and oestradiol), pestic ides, dioxins and other compounds harmful for 
human health. 
Comment:  Permitting the importation of bovine meat only from EU approved plants is not 
consistent with international standards.  In a ddition, the inclusion of attestations regarding a 
country's national surveillance plans and conf ormity with EU regulations for countries not 
members of the EU is not consistent with  the recommendations of the OIE or Codex 
Alimentarius. 
Annex A of the SPS Agreement recognizes the standards, guidelines and recommendations 
established by the Codex Alimentarius Commissi on as the international standard for food 
additives, veterinary drug and pesticide resi dues, contaminants, methods of analysis and 
sampling, and codes and guidelines of hygienic practice, for food safety.  We request that 
Yemen harmonize its antibiotic residues and other compounds with Codex. 
Answer:  
The comment is noted. 
Question 90 
The meat products do not contain any harmful additive or colorant, according to the EU 
regulation. 
Comment:  Requiring the importation of bovine meat in accordance with EU regulations for 
non-EU countries is not consistent with international standards.   
Annex A of the SPS Agreement recognizes the standards, guidelines and recommendations 
established by the Codex Alimentarius Commissi on as the international standard for food  WT/ACC/YEM/33 
 Page 33 
 
 
 additives, veterinary drug and pesticide resi dues, contaminants, methods of analysis and 
sampling, and codes and guidelines of hygienic practice, for food safety. 
Answer:  
The comment is noted. 
Question 91 
Has Yemen already signed equivalence agreement  or equivalence system with neighbouring 
countries?  If yes please provide the countries involved. 
Answer:  
Yemen has not signed any equivalence agreemen t on equivalence system with neighbouring 
countries. 
- Free zones, special economic areas  
Question 92 We note that Article 12 of Yemen's Free Zone Law provides a tax exemption to companies 
located within Yemen's free zones.  We request that Yemen please provide information on the tax exemptions applicable to its free zones.   
Answer:
 
Profit and income tax exemptions  are provided by this article. 
- Agricultural policies 
Question 93 In supporting Table DS:1 of WT/ACC/SPEC/YEM/ 1, we request that Yemen please provide 
more information about actual programmes.  
Answer:
 
Please find revised information in Tabl e DS:1 (WT/ACC/SPEC/YEM/1/Rev.1). 
Question 94 
In supporting Table DS:2b of WT/ACC/SPEC/YE M/1, what percentage of farmers receive 
these input subsidies and what are the criteria used  to determine if a producer is low income or 
resource poor?  
Answer:  
Data is not available. WT/ACC/YEM/33 
Page 34  
 
 Question 95 
We note that the date filed by Yemen in 2005 was for the base period between 2001 and 2003.  
We would request Yemen to update the data a nd to base this on a more recent three year 
period.  
Answer:
 
Data has been updated for the base period of 2006-2008 (see WT/ACC/SPEC/YEM/1/Rev.1).  
Question 96 
We take note of Yemen's answer to Quest ion 80 in WT/ACC/YEM/32 (31 March 2010), which 
explicitly binds agricultural export subsidies at zero?  
Answer:  
Noted. 
Question 97 
Yemen's notification of domestic support and export subsidies (WT/ACC/SPEC/YEM/1) covers 
the reporting period 2001-2003.  Is Yemen able to advise whether it has maintained information 
for more recent years? 
Answer:  
Please refer to the answer to Question 95. 
Question 98 
In Yemen's notification of domestic support, we no te that many of the descriptions of measures 
provided replicate the text of the Agreement on Agriculture.  We encourage Yemen to provide more detailed descriptions of domestic support me asures.  In addition, if there are multiple 
programmes operation under each paragraph or sub-paragraph of the Agreement on 
Agriculture, we encourage Yemen to describe each programme individually and differentiate 
the expenditure associated with each.   
Answer:
 
Descriptions have been included in th e tables of domestic support measures (see 
WT/ACC/SPEC/YEM/1/Rev.1).. 
V. TRADE-RELATED INTELLECTUAL PROPERTY RIGHTS 
- GENERAL - Copyright and related rights Question 99 During our latest meeting with representatives from the Government of Yemen, officials 
confirmed that they would provide the Workin g Party with a copy of the Draft Law on 
Copyright and Related Rights as it currently stands, as submitted to the Parliament.  We look  WT/ACC/YEM/33 
 Page 35 
 
 
 forward to reviewing this draft law.  We reque st that Yemen please provide an update on when 
this legislation will be provided to the Working Party for review.   
Answer:  
A copy of the draft law on Copyright and Related Ri ghts as currently stands, i.e. as submitted to the 
Parliament is available for consulta tion (see document WT/ACC/YEM/33/Add.1). 
Question 100 During our latest meeting with representatives from the Government of Yemen, officials 
explained that they have requested that th e Parliament consider ways to include the 
requirements of TRIPS Articles 51 through 60 (with respect to border measures) into the Draft Law on Copyright and Related Rights, but were unsure how this addition would be made.  
Please provide an update on how the TRIPS border measures provisions will be added to the 
Draft Law on Copyright and Related Rights. 
Answer:
 
A proposal was submitted to add a Second Section on Border Measures to the Tenth Chapter of the 
draft law on Copyright and Related Rights.  This sec tion contains eight articles that comply with the 
provisions of Articles 51-60 of TRI PS.  This addition has been pres ented to the specialized committee 
in Parliament.  However, Parliament pro cedures require following one of two options. 
First:  to continue defending the draft Law in the House of Representatives, with the possibility that 
the draft Law may not incorporate the recent comment s and additions that followed the submission of 
the draft to the House of Representatives. 
Second:  the Government withdraws the draft Law from the House of Representatives and resubmits it 
after incorporating the comments and latest additi ons presented by Members of the Working Party, 
which may lead to a delay in the enactment of the draft as specified in the Legislative Plan.  
Question 101 
During our latest meeting with representatives from the Government of Yemen, officials 
explained that the language of Berne Article 18, protection for pre-existing works that have not 
fallen into the public domain through the expiry of  the term of protection, was reflected in their 
draft legislation.  Representatives from Yemen expl ained that the language of Article 3(c) of the 
Draft Law on Copyrights and Related Rights includes language mirroring that of Berne 
Article 18, but that the English translation did no t reflect the full language.  We ask that Yemen 
please confirm that the language of Article 3(c) extends protection to all works that, at the time the Draft Law on Copyrights and Related Rights  comes into effect, have not fallen into the 
public domain through the expiry of the term of protection.  
Answer:
 
Yemen confirms that Article (3 ) paragraph (c) of the Draft La w on Copyright and Related Rights 
Provides protection for all works that have not fallen into the public domain at the time the Draft Law 
on Copyright Rights and Related Rights comes into eff ect in conformity with Article (18) of Berne 
Convention and the text of paragraph (c) of Artic le (3) of the Draft Law which reads as follows: 
   "C- Works, performances, phonograms , radio pr ogrammes and rights related to them which are in 
existence at the time this law is passed, shall benefit from the preceding provision provided they had WT/ACC/YEM/33 
Page 36  
 
 not fallen into the public domain.  The Regulation demonstrates the rules and procedures and dates 
related to the protection of these works and related rights and the date they come into effect." 
Question 102 
In response to Question 82 of document WT/ACC/YEM/32 regarding Article 40 of the Draft 
Law, Yemen states that Article 40 "will be redr afted to comply with the requirements of 
Article 13 of TRIPS."  Please indicate how Yemen proposes to accomplish this task.  
Specifically, please provide the proposed amended language for Article 40 of the Draft Law.   
Answer:
 
Article (40) of the Draft Law on Copyright and Rela ted Rights shall be redrafted.  The specialized 
committee at the House of Representatives has been requ ested to take the new drafting of Article (40) 
into account in the Draft Law.  The proposed draft is as follows: 
"Article (40):  it is permissibl e, without taking the permission of  the author or to whom the 
right has been assigned, to carry out the acts mentioned below, provided that any of these works do not conflict with the normal exploitatio n of the work and shall not unreasonably be 
prejudicial to the legitimate rights of the right holder. 
a. Personal use of the work through copyin g, translation, quotation or television 
viewing. 
b. Use of the work for educational or trai ning purposes, whether the work is published 
or within a radio or a televi sion programme  or audio or a udio-visual and to the extent 
that it serves the purpose of making reference to the author provided that such use is 
not  designed to make material gains. 
c. Quotation of paragraphs or excerpts from another work with the aim of clarification, 
explanation or critique and to the extent th at achieves its purpose, with due reference 
be made to the source and name of the author.  The exception provided in this paragraph to excerpts applies to excerpts extracted made from periodical articles and journals. 
d. Taking new photographs of any object th at has previously been photographed." 
Question 103 
In document WT/ACC/YEM/32, Question 87 asked Yemen to define the term "sites" in 
Article 40(4) of the Draft Law.  Yemen indicated that the term "sites" refers to "natural, historical, archaeological or architectural places." 
Answer:
 
To prevent the confusion, paragraph (d) of Article  (40) of the Draft Copyright and Related Law will 
be redrafted to comply with Article (13) of TR IPS paragraph (d) of the Draft Law shall read as 
follows: 
"D- Taking new photographs of any object that has been photographed".  WT/ACC/YEM/33 
 Page 37 
 
 
 Question 104 
Article 3(B)(9) of the Draft Law allows for co pyright protection for "solid works concerning… 
architecture."  Because Yemen affords copyrigh t protection to architectural works, please 
explain how the exception in Article 40(4) comports with TRIPS Article 13.   
Answer:  
Please refer to the clarification stated in answer to Question 103. 
- Trademarks, including service marks 
- Geographical indications, including appellations of origin Question 105 Thank you for your response to Question 88 on page 32 of WT/ACC/YEM/32.  We note that 
Article 24.5, in a panel report issued by the WTO (WT/DS174), was found to be inapplicable to 
the ongoing relationship between prior trad emarks and later applied for geographical 
indications.  Instead, Article 16.1 governs th e relationship, and gives trademark owners the 
exclusive rights to prevent all third parties from using identical or similar signs for identical or 
similar goods or services where such use would result in a likelihood of confusion, with limited 
exceptions under Article 17.  Accordingly, we would emphasize the need to provide trademark 
owners the ability to challenge later filed GIs in Yemen. 
Answer:
 
Yemen will take into account the proposal to enable  trademark owners the ability to challenge later 
filed Geographical Indications in Yemen. 
- Patents 
Question 106 
We appreciate Yemen's response in paragraph 206 of WT/ACC/SPEC/YEM/5 indicating that 
TRIPS Articles 27, 28.1(a) and (b), 31, 33, and 34 would be taken into account in revising the IPR law and drafting new legislation. 
We appreciate Yemen's response to Question 93 in WT/ACC/YEM/32, however, clarification is 
requested.  It seems based on Article 13(a) of Yemen's Patent Law "a written communication" 
is all that is required to file an opposition.  Are there any requirements for the written communication to state a reasoned basis in the la w for the opposition?  If not, does Yemen have 
any plans to institute such a requirement?  This  would help to reduce the patent office's burden 
of processing oppositions with no articulable basi s in the law.  It would also help to minimize 
unnecessary delays in patent processing and harassm ent of patent applicants when there is no 
articulable basis for opposition in the law. 
Answer:
 
The comment will be taken into account in respect of the requirements for a reasoned basis for filing 
an opposition when redrafting of Article 13(a) of the Draft Law on Patents. WT/ACC/YEM/33 
Page 38  
 
 Question 107 
We appreciate Yemen's response to Question 94 in WT/ACC/YEM/32, however, it remains 
unclear how grounds for cancellation of rights under Article 22(b) in the Patent Law differ from 
Article 23.  In particular, it would help to understand what basis could justify a final court 
order under Article 22(b), other than the basis just ifying cancellation by a court in Article 23, 
i.e., "the patent is contrary to provisions of  this law."   Could Yemen please explain? 
Answer:
 
The confusion shall be removed by de leting Article 23 of the Patents Law. 
Question 108 
We appreciate Yemen's response to Question 96 in WT/ACC/YEM/32, however, Question 96 
relates to the second sentence of Article 33 of the Pa tent Law, rather than the first.  For clarity, 
the question is:  The second sentence of Article 33 of the Patent Law appears to authorize the competent authority to disclose required undisc losed marketing approval data a maximum of 
five years after it is submitted.  Does Yemen co nsider this to be consistent with its obligations 
under TRIPS Article 39(3)?  If yes, please explain.  
Answer:
 
Article (33) of the Draft Law on Patents will be redr afted to comply with Article 39, paragraph 3 of 
TRIPS.  The proposed drafting of Article (33) is as follows: 
"Article (33): Protection provided under this law extends to undisclosed information which involves 
considerable effort, which is presented to the comp etent authorities in order to approve the marketing 
of pharmaceutical, agricultural chemical products  which use new chemicals.  The competent 
authorities, which receive the information, are oblig ated to protecting its confidentiality and against 
unfair commercial use from the date the information is presented and until its  confidentiality cease.  
Disclosure by competent authorities necessitated by protection of the public is not considered a 
violation against the owner of this information." 
Question 109 
TRIPS Article 28 provides that patent owners shall have the right to exclude third parties from 
making, using, offering for sale, selling, or impo rting the patented product or, when the subject 
matter of the patent is a process, the product obtained directly from that process.  Yemen's 
response to Question 98 in WT/ACC/YEM/32 regarding Article 36(b) in the Patent Law suggests that a decision by a patent owner to exclude a third party from practicing his/her invention is, by itself, sufficient grounds to deem  a patent owner to be "abusively exercising his 
patent rights or exploiting them in an antico mpetitive manner" and therefore subject the patent 
to a compulsory licence.  Could Yemen please clarify and explain its view on this? 
Answer:
 
Yemen's reply to Question 98 in document WT/ACC/ YEM/32 with respect to Article 36(b) of the 
Patent Law does not  suggest that a decision by a pa tent owner to exclude a third party, not having the 
owner's consent,  from practicing  his invention is a sufficient grounds to deem a patent owner to be 
abusively exercising his patent rights since paragrap h (c) of Article (36) of the Draft Law confirms 
that an applicant for a compulsory licence must prove that he has made efforts, over a reasonable  WT/ACC/YEM/33 
 Page 39 
 
 
 period of time, to obtain authorization from th e right holder on reasonable commercial terms and 
remuneration in conformity with Ar ticle 31(b) of TRIPS Agreement. 
Question 110 
We appreciate Yemen's response to Question 99 in WT/ACC/YEM/32, however, it remains 
unclear how the broad public interest exception in Article 36(c) of the Patent Law is consistent 
with TRIPS Article 31(b).  TRIPS Article 31(b) requires that unless there is a national 
emergency, circumstance of extreme urgency, or in cases of public non-commercial use, a 
voluntary licence must be sought under reasonabl e commercial terms and conditions before an 
involuntary licence may be authorized.  Article 36(c) of the patent law indicates that national emergency, circumstances of extreme urgency,  and cases of public non-commercial use are 
merely three examples in a broader (i.e., larger) category of "public interests" which exempt a 
licensee from the requirement to seek a voluntar y licence from the patent owner before an 
involuntary licence may be authorized.  
Answer:
 
Article (36), paragraph (c) of the Draft Law on Pate nts refer to the exception of obtaining a voluntary 
licence, if the applicant of the licence is a Gove rnment authority in cases of national emergency or 
other circumstances of extreme urgency, or to achieve  public interest  provided that the objective is to 
achieve public non-commercial interests. 
The aforementioned exception related to public interests is consistent with Artic le 31, paragraph (b) of 
TRIPS which permit Members to waive the require ments for obtaining a voluntary licence in the case 
of public non-commercial use. 
Question 111 Regarding Yemen's responses to Questions 100-104 in WT/ACC/YEM/32, we thank Yemen for 
advising that these inquiries have been or will be addressed in a redraft of the Draft Law on 
Patents. 
Answer:
 
Noted. 
Question 112 
We appreciate Yemen's response to Question 90 in WT/ACC/YEM/32, however, it appears that 
further clarification of the inquiry may be helpful.  Articles 3 and 4(c) of the Draft Law on Industrial Designs indicate that design protect ion extends to the "ornamental and aesthetic 
appearance of a particular good" and requires th at the design is not "due to technical or 
functional considerations."  With due consideration given to TRIPS Article 26(2) to permit 
limited exceptions to design owners' rights provided they do not conflict with normal 
exploitation or unreasonably prejudice the legitimate  interests of the owner, it is not understood 
what public interest may justify involuntary use of a protected "ornamental and aesthetic" design having no technical or functional usage as permitted by Article 18 of the Draft Law.   
Could Yemen please explain? WT/ACC/YEM/33 
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 Answer:
 
Yemen would like to benefit from this flexibility in  its Draft Law.  The same is provided in other 
Members' legislations, i.e. to provide compulsory  licensing to use industrial designs for achieving 
public interests. 
VI. POLICIES AFFECTING TRADE IN SERVICES 
Question 113 
We commend Yemen on the work that it is undertaking to meet the terms of WTO membership.  
We congratulate Yemen on the progress made thus far. 
We note that Yemen has not provided responses to  Questions 111, 112, 113 and 114 of document 
WT/ACC/YEM/32.  We remain interested in these questions and requests the following 
clarifications: 
Question 111 of document WT/ACC/YEM/32: - The services' section does not reflect the bilateral agreement reached with Yemen and 
will need to be changed in due course in  order to fully reflect our bilateral 
understanding.  In addition, as previously i ndicated, there are a number of points which 
require clarification. 
- Paragraph 236: (…) Unless specified otherwise, foreign equity was limited to 45 per cent 
in joint stock companies and partnerships to  encourage Yemeni investors and promote 
domestic investment. 
- This horizontal mode three has been remove d in Yemen's offer.  Could Yemen please 
confirm that the text will be modified accordingly? 
Answer:
 
Yemen will update the services section of the Draft Working Party Report once it has concluded all 
bilateral agreements on services. 
Question 114 
With reference to Question 112 of document WT/ACC/YEM/32: 
- Paragraph 237: (…) Foreign equity was lim ited to 45 per cent in commercial banks, and 
20 per cent in Islamic banks. 
- Could Yemen please confirm that 45 per cent has been increased to 51 per cent in the 
offer agreed with the Member and that there is no distinction between Islamic and non-
Islamic banks? 
Answer:  
Please refer to the answer to Question 113. 
Question 115 
With reference to Question 113 of document WT/ACC/YEM/32:  WT/ACC/YEM/33 
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 - In paragraph 232, we are informed that (…) Legal consultancy services not involving 
pleading in Yemeni courts could be pr ovided by foreign lawyers and legal service 
providers if they operated with Yemeni part icipation as a joint venture or through a 
licensed Yemeni office.   
- Could Yemen please confirm that this require ment relates only to host country law? 
Answer:  
Please refer to the answer to Question 113. 
Question 116 
With reference to Question 114 of document WT/ACC/YEM/32: - In paragraph 225, we are informed that foreign equity participation in Yemeni 
insurance and re-insurance companies was lim ited to 25 per cent in accordance with 
Law No. 37/1992 "On Supervision and Monitoring of Insurance Companies and Brokers" and Law No. 9/1997.  (…)  No more than 50 per cent of the total coverage could be purchased overseas. 
- Could Yemen please confirm that a) there is no foreign equity limitation of 25 per cent 
and that b) the 50 per cent total coverage limitation does not apply to reinsurance (for 
which Yemen has scheduled "none" in mode 2). 
Answer:
 
Please refer to the answer to Question 113. 
VII. TRANSPARENCY 
Question 117 
Paragraph 257 should be modified to reflect the following edits: 
"The representative of Yemen confirmed th at, upon accession, Yemen would fully and 
promptly implement Article X of the GATT 1994, Article III of the GATS, Article 63 of the TRIPS Agreement, and other transparency provisions in the WTO Agreements requiring 
notification and or publication.  He further confir med that no law, regulation, judicial decision, 
administrative rulings, or other measures of general application pertaining to or affecting trade 
in goods and , services and TRIPS would become eff ective prior to its publication in the Official 
Gazette.  The publication of such laws, regulations and other measures would include the effective date of these measures and list the produc ts and/or services affected by the particular 
measure.  The Working Party took note of these commitments." 
Answer:
 
Yemen accepts the suggested modification to paragraph 257. 
Question 118 
We note that there is no information on "N otifications" under the subheading listed in the 
report.  We request that the subheading be m oved to after paragraph 257, and the following 
paragraph added for this subheading: WT/ACC/YEM/33 
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 "The representative of Yemen confirmed that, no later than the date of accession, Yemen would 
submit all initial notifications required by the WTO Agreement.  Any laws, regulations, or other 
measures subsequently enacted by Yemen, and wh ich were required to be notified pursuant to 
the WTO Agreement, would also be notified in a time and manner consistent with WTO 
requirements.  The Working Party took note of these commitments." 
Answer:
 
Yemen agrees to move the notification part  to after paragraph 257 to read as follows: 
"The representative of Yemen confirme d that,  at the latest within six months of the entry into force of 
the Protocol of Accession, Yemen would submit all initial notifications required by the WTO 
Agreement.  Any regulations subsequently enacted  by Yemen would also conform to the respective 
WTO agreements' notification requirements.  The Working Party took note of these commitments." 
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