RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/32 
31 March 2010 
 (10-1749) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 28 March 2010, is being circulated at the request of the 
Delegation of the Republic of Yemen.   
_______________  WT/ACC/YEM/32 
 Page i 
 
 
 TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership, Privatization and State-Trading Entities .................................................3  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................3  
- Trading Rights ................................................................................................................. .........3  
A. IMPORT REGULATIONS......................................................................................................4  
- Ordinary cust oms duties ........................................................................................................ ..4 
- Other duties and charges....................................................................................................... ...4 
- Tariff rate quotas, tariff exemptions.......................................................................................4  
- Fees and charges for services rendered...................................................................................5  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............6  
- Customs valuation.............................................................................................................. .....15  
- Rules of origin ................................................................................................................ .........16  
- Anti-dumping, countervailing duties, safeguards regimes..................................................17  
B. EXPORT REGULATIONS ...................................................................................................17  
- Customs tariff, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........18  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................18  
- Technical barriers to trade, standards and certification.....................................................18  
- Sanitary and phytosanitary measures...................................................................................23  
- Agricultural policies.......................................................................................................... ......26  
V. TRADE-RELATED INTELLECTUAL  PROPERTY RIGHTS........................................30  
- GENERAL........................................................................................................................ .......30  
- Copyright and related rights..................................................................................................3 0 
- Trademarks, including  service marks...................................................................................32  
- Geographical indications, including appellations of origin.................................................32  
- Industrial designs............................................................................................................. .......32  
- Patents........................................................................................................................ ..............33  
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................39  
VII. TRANSPARENCY .................................................................................................................40  
 
  WT/ACC/YEM/32 
 Page 1 
 
 
 II. ECONOMIC POLICIES  
- Investment Regime Question 1 As has been previously explained, before any co nsideration can be given to Yemen's request for 
a transition period for any provision containe d in Investment Law 2002 and Draft Investment 
Law of 2009 that confers subsidies contingent upo n export performance or the use of domestic 
over imported goods, Yemen must notify any such subsidies pursuant to the guidelines 
contained in Article 25 of the Agreement on  Subsidies and Countervailing Measures.  The 
notification should be specific enough to enable  other Members to evaluate the trade effects and 
to understand the subsidy programme.  The no tification should contain the following 
information: 
(i) form of the subsidy (grant, loan, tax); 
(ii) subsidy per unit or total amount or annual budgeted for that year; (iii) purpose of the subsidy; (iv) duration of the subsidy; and 
(v) statistical data providing assessment of the trade effects of the subsidy. 
In this regard, we note that the current subsid y notification which Yemen has referred to only 
includes export-contingent elements of the Inv estment Law No. 22 (2002).  However, based on 
our review of Yemen's Investment Law, Articles 18 and 21 provide tax exemptions contingent upon the use of domestic over imported goods. 
Does Yemen intend on requesting a transition period for those provisions in Articles 18 and 21 
that appear to also convey subsidies contingent  upon the use of domestic over imported goods?  
If so, any such subsidies must be notified pursuant to the guidelines described above. 
Please indicate whether and when Yemen intends  to notify these and/or any other subsidy 
programmes to the Working Party? 
Answer:
 
Since the new Draft Investment Law has eliminated ar ticles related to this type of subsidy, which is 
based on local content, Yemen is in a position to eliminate this subsidy from the date of accession.  
Question 2 
We thank Yemen for its Action Plan for eliminating the local content subsidies 
(WT/ACC/YEM/27).  However, the Action Plan does not provide an indication for which specific programmes Yemen is reque sting a transition period.  As stated above, Yemen needs to 
clearly identify and fully notify the particular lo cal content subsidies for which it is requesting a 
transition period. 
Answer:
 
Please refer to answer to Question 1. WT/ACC/YEM/32 
Page 2  
 
 Question 3 
We would like to thank Yemen for providing a tran slation of the draft Investment Law for Year 
2009.  However, we would like to call Yemen's atte ntion to Article 29 which appears to continue 
to provide investors certain incentives that a re contingent upon exportation or the use of 
domestic goods if they are currently entitled to those incentives under the Law No. 22 of 2002.  
The specific provisions we would like to note in  that regard include the following sections of 
Article 29 of the Draft Investment law: 
Article 29.1(a) states that "An Enterprise in existence at the time of issuance of this law shall 
continue to enjoy all the exemptions and benefi ts granted in Law No. 22 of 2002 until the end of 
the tax exemption period included therein". 
Article 29.1(b) states "For an Investment Enterprise which has been registered pursuant to Law 
No. 22 for the year 2002 and has not started its activities or production by the time this law was issued, to enjoy the exemptions and benefits provided for in that law, shall commence production or operations within a maximum period of one year from the date this law enters into force.  When meeting this condition, such investment projects shall have the option of 
continuing to enjoy the investment privileges a nd the effect of 15 per cent tax pursuant to the 
terms and conditions stipulated by the Income Tax Law or enjoy tax exemption on the Commercial and Industrial Profits Tax specified  in the law under which they were registered". 
Could Yemen please explain whether the cited pr ovisions of the draft Investment Law will 
continue to provide incentives contingent upo n exportation and the use of domestic over 
imported goods to those investors currently e ligible for those incen tives under the 2002 Law? 
Answer:
 
The new law will come into effect from the date of its publication in the official gazette.  All new 
projects established after the publication of the new law will operate in accordance to it.  Projects 
licensed based on the previous law will continue to  enjoy exemptions provided by the previous law 
until the end of their respective exemption periods. 
Question 4 Investment incentives contingent upon the use of  domestic over imported  goods:  Whereas such 
incentives, where they are export-contingent, a re allowed for low-income developing countries 
(Article 27.2 of the ASCM), this is not the case for investment incentives contingent upon the use of domestic over imported goods.  Yemen has redu ced its transition period to phase out such 
subsidies from 2015 to 2013.  This point is nota bly covered in paragraphs 25, 129 and 135.   
This would still not be acceptable, but we are pr epared to consider the possibility of a shorter 
transition period. 
Answer:
 
Since the new Draft Investment Law has eliminated ar ticles related to this type of subsidy, which is 
based on local content, Yemen is in a position to eliminate this subsidy from the date of accession.   WT/ACC/YEM/32 
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  - State Ownership, Privatization and State-Trading Entities 
Question 5 
We appreciate the commitments Yemen has made in paragraph 42 of the Draft Report.  We 
request that Yemen accept the commitment par agraph as originally proposed, with the 
exception that the term "State-invested" (which  Yemen seeks to delete) be replaced with the 
term "State-controlled." 
Answer:  
Yemen accepts the suggested replacement and remaining commitment language as originally 
proposed in accordance with the GATT Article XVII.  
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights  
Question 6 
We appreciate the revised trading rights action plan provided by Yemen, and the identification 
of the specific legislation Yemen will amend and introduce to ensure Yemen fulfils the 
obligations of Articles III and XI of the GATT 1994 with respect to trading rights.   
We note that Yemen expects to have a draft system of registration of importers of records by 
mid-2010, and we request that Yemen provide further information to the Working Party as work progresses in this area. 
Answer:
 
Yemen is currently preparing a system for registering importers of record and we expect it to be ready 
within three months. 
 
Question 7 
Yemen's current practice restricts the right to  import to Yemeni nationals and therefore 
violates Article XI of the GATT.  
In paragraphs 61-65, Yemen states that it is  reviewing its trading regime and now allows 
foreigners to establish trading companies without a Yemeni partner.  Yemen asks for a three-
year transition period for further revisions on trading rights, and such revisions should then remove all discriminatory conditions for non-Yemeni  nationals.  The alternative currently being 
considered by Yemen to allow non-resident entities  to register without local presence is a step in 
the right direction, provided that the registratio n is easily accessible and non-discriminatory.  
This would however need to be verified ex ante  and then monitored ex post  accession. 
The bracketed commitment in paragraph 66 goes further, and would allow any natural or legal 
person to be the importer of record of any prod uct allowed for importation.  This would be 
satisfactory. 
The proposed commitment in paragraph 66 is a cceptable for the purposes of Yemen's accession, 
provided there is no transition period. WT/ACC/YEM/32 
Page 4  
 
 Answer:
 
Yemen affirms the need for a transition period in order to implement the obligations and seeks the 
understanding of Working Party Members. 
A. IMPORT REGULATIONS 
- Ordinary customs duties 
Question 8 
Paragraph 69 of the Draft Working Party Report  notes that some Members are concerned that 
Article 24 of the Investment Law provides for ta riffs to be imposed or increased on imports 
competing with domestic production relying on  local inputs.  A representative of Yemen has 
responded that Yemen has never applied this provision thus far, and that as a WTO Member 
any future resort to this provision would be within Yemen's bound rates and its obligations 
under the relevant WTO rules.  Can Yemen plea se confirm that the Investment Law will be 
modified in this manner, so as to be consistent with WTO obligations? 
Answer:  
Yemen affirms that the new Draft Investment La w has no such provision in this respect, which 
tantamounts to the annulment of this provision. 
- Other duties and charges 
Question 9 We note the answer to Question 16 of WT/ACC/YEM/28 to the effect that paragraph 72 of 
WT/ACC/SPEC/YEM/5 will be amended in order to reflect the results of bilateral negotiations.  This is acceptable. 
Answer:
 
Yemen appreciates the Member's position on the subject. 
- Tariff rate quotas, tariff exemptions 
Question 10 
Paragraphs 73 and 74 of the Draft Working Party Report, indicates that Yemen has not yet 
made a decision as to the future use of tari ff rate quotas, although has reserved the right to 
apply them to sensitive products.  Is Yemen able  to indicate its intentions in this regard? 
Answer:  
Yemen affirms that any resort in the future to su ch regime shall be consis tent with the respective 
WTO provisions.  Currently, there is no intention to use tariff rate quotas.  WT/ACC/YEM/32 
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 - Fees and charges for services rendered  
Question 11 We appreciate the initial action plan Yemen ha s provided for bringing its fees and charges in 
line with Article VIII of the GATT 1994.  We request that Yemen please provide the following 
updates, and additional information in the action plan: 
We request that Yemen provide additional information in the action plan that identifies the 
specific obligations of Article VIII of th e GATT 1994 that Yemen does not believe it can 
implement by the date of accession.   
Please also identify in the action plan the specif ic fees that Yemen will not be able to bring in 
line with Article VIII of the GATT 1994 by the date of accession. 
Please identify in the action plan the specific legislation that will be amended, as well as the 
specific date by which it will be amended for each fee. 
Answer:
 
Yemen cannot meet the obligations of Article VIII,  paragraph 1(a) of the GATT 1994 from the date of 
accession. 
See document WT/ACC/YEM/31/Rev.1 for an updated detailed Action Plan that indicates timeframe 
for bringing ad valorem  fees in line with Article VIII of the GATT 1994. 
Question 12 
We note that some of the legislation referen ced in Table 7 (Fees and Charges for Services 
Rendered on Imports), such as Yemen's Customs Law, have already been amended, and request further information on how the legislation ha s been amended to meet the requirements of 
Article VII of the GATT 1994.  
For those fees where legislation has already been  amended, or is in the process of being 
amended, we request that Yemen bring these fees in line with Article VIII of the GATT 1994 by the date of accession. 
Answer:
 
Please refer to answer to Question 11 in respect to Article VIII implementation.  
Question 13 
Paragraph 80 of the Draft Working Party Report  indicates that Article 25 of the Investment 
Law may apply higher fees and charges to impo rted goods comparable to locally produced 
goods, than to other goods.  How does Yemen in tend to address the WTO inconsistency of this 
Article? 
Answer:  
Yemen affirms that the new Draft Investment La w has no such provision in this respect, which 
tantamounts to the annulment of this provision. WT/ACC/YEM/32 
Page 6  
 
 Question 14 
The proposed commitment in paragraph 83 could not be accepted with a transition period; 
moreover, the language of paragraph 83 would n eed also to cover charges imposed on or in 
connection with exportations, as well as import ations.  Any commitment should also be in 
conformity with the GATT Article X. 
Answer:
 
Yemen affirms the need for a transition period to  enable it to implement the commitment and seeks 
the understanding of the Working Party Members.  Ye men also affirms that the commitment related 
to paragraph 83 includes ad valorem  fees in relation to exportation.  Please also refer to Question 11. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems  
Question 15 
Paragraph 88 states that Yemen also prohibited the importation of coffee and mango, and 
maintained seasonal restrictions on potatoes (other than seed po tatoes), tomatoes, lettuce and 
chicory, oranges, mandarins, lemons, grapes, melons and papayas.  We note that (Yemen) 
"added that import ban on coffee and mango and the season restriction on agricultural 
products were under review and would conform with  WTO rules from the date of accession."   
We urge Yemen to remove all bans and restrictions on these products.   Please provide us with an update on the review of the above described restrictions and bans.  
We request that these measures conform to WTO rules upon accession. 
We encourage Yemen to provide information on the production season for those products with 
seasonal restrictions as well as information on how much is produced and consumed locally. 
Answer:
 
In accordance with the review, the ban on coffee,  mango and seasonal restrictions on agricultural 
products listed in Table 11 of Working Part y Draft Report will be removed upon accession. 
Please find below a table on seasonal production for t hose products with seasonal restrictions along 
with production and consumption. 
Consumption and Production (in Tons) for Agri culture Products with Seasonal Restrictions  
Covered in Table 11  
 
Item/crops Year 2005 2006 2007 2008 2009 Production 
Seasons 
Consumption 217,627 225,418 246,558 n.a. n.a. Potato: other than 
seeds Production 217,759 226,366 249,005 263,945 278,022 Throughout 
the year 
Consumption 201,632 209,302 227,131   Tomatoes, fresh or chilled Production 204,446 211,734 232,910 239,897 251,269 Throughout 
the year 
Consumption 144,212 147,520 162,274   Melons (including 
watermelons) and papaws (papayas), 
fresh Production 144,212 147,520 162,274 165,520 172,148 Throughout 
the year  WT/ACC/YEM/32 
 Page 7 
 
 
 Item/crops Year 2005 2006 2007 2008 2009 Production 
Seasons 
Consumption n.a. n.a. 4,630 n.a. n.a. Lettuce...etc. 
Production 7,194 7,429 8,633 8,935 9,443 Throughout 
the year 
Consumption 12,294 12,911 14,201 n.a. n.a. Carrots, turnip, etc. 
Production 12,294 12,911 14,201 14,769 15,459 Throughout 
the year 
Consumption 107,753 107,753 117,580 n.a. n.a. Grapes, fresh or dried 
Production 107,753 117,580 125,811 127,132 129,385 July - 
December 
Consumption 83,979 83,979 101,049 n.a. n.a. Oranges 
Production 83,979 101,049 108,122 109,636 112,502 October - 
February 
Consumption 14,082 14,082 20,397 n.a. n.a. Lemons, etc. 
Production 14,082 20,397 21,825 22,370 23,039 Throughout 
the year 
Consumption 13,258 13,258 19,604 n.a. n.a. Mandarins, etc. 
Production 13,258 19,604 20,976 21,605 22,216 October - 
February 
Note:  n.a. denotes data not available. 
Question 16 
We appreciate that in Yemen's reply to Question 22 (reflected in paragraph 91 of the Draft 
Working Party Report), Yemen notes that it will consider using import licensing to regulate the 
importation of older machinery.  We are concerned that Yemen's current practice of 
prohibiting imports of machinery older than 15 years while not banning domestic sales of these products constitutes discrimination  against imported products.   
We request that Yemen please provide an update on  steps Yemen is taking to change its current 
practice, to include through the use of import licensing. 
Answer:
 
Yemen is currently preparing environmental and technical-related conditions  for the importation of 
machinery older than 15 years, which will be issued through a Ministerial Decree. 
Question 17 
Paragraph 92: We appreciate that Yemen ac knowledges that several Government agencies 
issued permits and approvals or performed te chnical clearance in a manner resembling an 
automatic licensing procedure.  Indeed, we note  that the processes described in paragraph 92 
appear to fall squarely within the purview of the WTO Import Licensing Agreement, 
notwithstanding Yemen's assertion that Law No 16/1996 "abolished" import licensing.  Please 
provide an update on Yemen's consideration of introducing provisions that would reform 
present regulations on permits, and how those pr ovisions will conform to the obligations in the 
Import Licensing Agreement.  In this respect, we note that the statement at the end of 
paragraph  102 ("if the need for an import licen sing regime arose") is incorrect since it appears 
to presume that import licensing no longer exists in Yemen. 
Answer:  
Yemen affirms that procedures related to issuing im port permits are consistent  with the Agreement on 
Imports Licensing Procedures. These proce dures have been explained in document 
(WT/ACC/YEM/20). 
Yemen agrees to delete the sentence ("if the n eed for an import licensing regime arose") from 
paragraph 102. WT/ACC/YEM/32 
Page 8  
 
 Question 18 
Paragraph 94:  We appreciate your answer on how to obtain a permit for the importation of 
plants and plant products.  Could you please sh are where in your legislation this information 
can be found?  Please provide an explanation of the approval process of the General Department for Plant Production where an applic ation has been submitted for the importation 
of plants and seeds.   
Please provide an explanation of the approval pr ocess of the General Department for Marketing 
where an application has been submitted for the importation of a plant product. 
Please explain why approval by both the General Department of Plant Production and the 
General Department for Marketing is needed for all products? It appears that all plant 
products must obtain an approved application from both agencies. 
Answer:
 
Information on how to acquire a permit to import plan ts and plant products are found in paragraph (a) 
of Article 12 of the Quarantine Law No. 32/1999  and Articles 16, 17, 18, 19 and 20 of the 
Implementing Regulation No. 54 of 2001 on Quarantine Law No. 32/1999.  
Procedures for obtaining an approval to import plants and seeds are as follows:  
Presentation of a written application requesting the approval for the varieties (accompanied by an 
offer which contains types, varieties and quantities of plants or seeds).  
If the variety intended to be imported is one of the accredited varieties in the Republic of Yemen, the 
application shall be accepted.  
The approval is directed to the General Departme nt for Plant Protection to finalize procedures and 
issue an official import permit which contains details  of the consignment intended to be imported and 
conditions and plant health requireme nts to import such plant or seeds.  
It is worth mentioning that the approval for a re quest to import plants and seeds has become the 
responsibility of the General Department of Contro l of Agricultural Inputs Quality instead of the 
General Department for Plant Production in accordan ce with the new organizational structure of the 
Ministry of Agriculture and Irrigation by virtue  of Republican Decree No. 160 of 2008 on "the 
Organizational Regulation of the Mini stry of Agriculture and Irrigation." 
Procedures for approval by the General Department  for Agricultural Marketing and Trade where an 
application involves importing plant products: 
- A written application is submitted requesting an  approval for  the varieties (attached to it the 
following: Commercial Registration, Tax Card, offer); 
- The application is accepted during the peri od permitted to import fru its, and vegetables 
indicated in Table 11 of Document WT/ACC/SPEC/YEM/5; and 
- The approval is directed to the General De partment for Plant Protection to finalize the 
procedures to issue an imports permit which c ontains the consignment data intended to be 
imported and Plant health conditions and requirements for importing such products. 
Approval of both Departments is not required for all plant products.  WT/ACC/YEM/32 
 Page 9 
 
 
 Only plant products stated in Table 11 of doc ument WT/ACC/SPEC/YEM/5 require an approval from 
the General Department for Agricultural Marketing and Trade. 
Question 19 
As a follow-up question, we would like to know what measures Yemen will undertake to protect 
business confidential information  or trade secret s about chemicals (such as the concentration 
and preparation of a pesticide) that Yemen requires to be reported to the Government? 
Answer:  
Yemen will include provisions in its legislations fo r protection of confidential trade information or 
trade secrets on chemicals (such as concentration and preparation of a pesticide). 
Question 20 
Paragraph 95:  Please explain the purpose and th e need for import permits for each import 
consignment of animal, birds, poultry, animal  products and animal health and production 
appliances.   
What services does this permit allow for?   Please provide an example of quality conformity certificate. 
Answer:
 
The purpose of the import licence is protection of local animal wealth and public health of humans 
and animals through ensuring that the country of  source of the consignment is free from animal 
diseases and epidemics. 
The services that these permits allow: - Permits importation from countries not plagued by animal disease; 
- Permits importation of consignments that have no negative impact on public health; and 
- Provides for all technical conditions that are required to be adhered to. 
A copy of a Conformity Certificate is available for consultation from the Secretariat (see document 
WT/ACC/YEM/32/Add.1). 
Question 21 
Paragraph 96:  Please explain how a fertilizer or pesticide can be registered to the Ministry of 
Agriculture and Irrigation's list?  Is this list publ ished and available for review?  How often is 
the list updated? 
Answer:
 
With respect to registration of fertilizers and ag ricultural pesticides, kindly refer to answer to 
Question 42 in the document WT/ACC/YEM/26. 
The list is printed on periodical basis in booklets and is  distributed to concerned authorities.  It is also 
provided upon request.  It would be available on the Ministry's website and Ministry's monthly 
magazine and shall be updated regularly. WT/ACC/YEM/32 
Page 10  
 
 Question 22 
Please provide an example of a written request for an import permit of a registered fertilizer.  
We encourage Yemen to create a standardized application form. 
Answer:
 
A standard form is available for consultation from the Secretariat (see document 
WT/ACC/YEM/32/Add.1). 
Question 23 
Please explain the relationship between the Gene ral Departments for Plant Production and for 
Plant Protection and Ministry of Agriculture and Irrigation. 
Please explain how the Genera l Department for Plant Protection decides upon the annual 
amount allowed for import of fertilizers and pesticides.  Please explain your concern about a 
build up of stocks.  Please explain how this restriction mitigates risk to plant, animal or human health.  We would also appreciate knowing what  measures Yemen takes in respect of domestic 
products that help avoid the build up of stocks.  Please note that this restriction acts as quota.  
We urge Yemen to remove this restriction. 
Answer:
 
With reference to answer to Question 18, and follo wing the amendment of the organizational structure 
of the Ministry of Agriculture and Irrigation, issued  by Republican Decree No. (160) of 2008, the task 
of approving the varieties and quantities of plan ts and seeds has become the responsibility of the 
General Department for Control over the Quality of Agricultural Inputs.  The relationship with regard 
to issuing import permits for plants and seeds is be tween the General Department for Plant Protection 
and the General Department for Control of the Quality of Agricultural Inputs.  
The two Departments are part of the organizationa l structure of the Ministry of Agriculture and 
Irrigation. 
The General Department for Plant Protection decides on the quantity of pesticides to be imported as 
follows:  
- Adding the average quantity of pesticide imported during the past five years to the quantity of 
pesticides needed for implementing the national campaigns to combat local and migrating epidemic, and subtracting the remaining quantity of pesticides existed in the storage facilities 
of the importing agents; and 
- The results of the inventory of remaining quantities of imported pesticides in the storage 
facilities of importing agents. 
Our concern over the build up of stocks has to do w ith the expiry date of imported pesticide and the 
risk of becoming waste material that pose a dange r to the environment and the health of humans, 
animals and plants and cost the State huge resour ces to dispose them, especially due to lack of 
resources and facilities. 
With reference to Question 17 and following the modification of the structure and the Organizational 
Regulation of the Ministry of Agriculture and Irri gation and its issuance by Republican Decree 
No. (160) of 2008.  The responsibility of granting the approval of the varieties and quantities of plants 
and seeds became that of the General Department  for Control over the Quality of Agricultural  WT/ACC/YEM/32 
 Page 11 
 
 
 Production Inputs and the relationship with regard s to granting licence permits for plant and seeds 
imports between the General Department of Plan t Protection and General Department for Control 
Over the Quality of Agricultural Production Inputs. 
Both departments are part of the structural organi zational framework of the Ministry of Agriculture 
and Irrigation.  
Yemen affirms that procedures related to importation of pesticide is managed in accordance with the 
Procedures for Import Permits clar ified in document WT/ACC/YEM/26. 
Question 24 
What does Yemen mean by "maintain the smooth flow of trade"?  Does Yemen similarly 
provide a limited validity period for permits on  sales of domestic products for the same 
purpose? 
Answer:  
It means that trade flows smoothly through the full  utilization of issued permits during the specified 
period.  There is no local production of pesticides. 
Question 25 
Please revise the permit regulation to remove th e present requirement that permits can only be 
granted to Yemeni nationals that hold a "profession practice permit". 
Answer:  
This requirement is applicable to all residents (Yemenis and non-Yemenis) provided they meet the 
technical requirements for obtaining a Professional Practice Permit.  
Question 26 
Paragraph 100:  We appreciate Yemen's willingness to modify its technical clearance 
requirements to bring them into conformity with WTO trading rights obligations.  In support of 
this action, we note the following: 
Regarding the "professional practice permit" (paragraph 96), we invite Yemen to consider 
adopting a requirement that the Yemeni-based person who acquires the imported pesticide or 
fertilizer after  importation by a non-Yemeni national (as opposed to the non-Yemeni importer 
of record) be required to possess such a practice permit. 
Regarding medicines and special equipment (p aragraph 98), we invite Yemen to consider 
whether it can protect the health of its po pulation from improper pharmaceutical products 
through a less trade-restrictive mechanism, e.g ., conditioning importation on a requirement that 
the Yemeni-based person who acquires the impo rted pharmaceutical after importation by a 
non-Yemeni national possess the listed characteristics. 
Answer:  
Yemen will study this proposal. WT/ACC/YEM/32 
Page 12  
 
 The issue pertaining to paragraph 98 will be a ddressed in accordance with the commercial trade 
registration system and the Trading Rights Action Plan. 
Question 27 
With respect to Yemen's reply to Question 24 and the information provided in paragraph 100 
concerning the requirement that only Yemeni nationals can be granted the technical clearance 
needed to import medicines, medical equipmen t, fertilizers, pesticides, books, newspapers, 
audiovisual and other artistic literally works - we take note that this issue is being addressed 
under the "Trading Rights" section of Yemen's Working Party documentation.  However, information on how Yemen will re medy the technical clearance requirements for these specific 
imports is not included in Yemen's Trading Rights Action Plan.   
We request that Yemen update its Trading Rights Action Plan to include information on how 
Yemen will ensure the technical clearance re quirements to import medicines, medical 
equipment, fertilizers, pesticides, books, news papers, audiovisual and other artistic literary 
works are in line with Articles III and XI of the GATT 1994, what legislation will be amended 
(if different from that legislation already listed in the action plan), and the specific date by 
which these changes will be implemented. 
Answer:
 
Yemen confirms that Yemenis and non-Yemenis will be  treated equally with regard to trading rights 
in accordance with the Trading Rights Action Plan wh ich contains legislations  related to the products 
indicated in the question with specific implementation dates.  
Question 28 
We appreciate that Yemen is taking steps to re vise the import permit fees described in Table 7, 
and discussed in paragraph 101 of  the Draft Working Party Report.  We also appreciate the 
clarification provided in reply to Question 31 addressing how the revised import fees of US$100 
for medical appliances and $US100 or $200 for dr ugs and YRls 20,000 for pesticides correspond 
with the costs of services rendered.   
We request that Yemen make a commitment that  its import permit fees will approximate the 
costs of services rendered, in accordance with Ar ticle VIII of the GATT 1994, by the time of 
accession. 
Answer:  
Yemen will comply with Article VIII of the GATT 1994. Please refer to answer to Question 11 re garding the detailed updated Action Plan 
(WT/ACC/YEM/31/Rev.1) for making the fees for serv ices rendered consistent with Article VIII of 
the GATT 1994 inclusive of a timeframe for implementation. 
Question 29 
We request that Yemen's Action Plan on F ees and Charges be updated to reflect Yemen's 
specific import permit fees, and the commitmen t that these fees will be in accordance with 
Article VIII of the GATT 1994 by the time of accession.  WT/ACC/YEM/32 
 Page 13 
 
 
 Answer:  
Please refer to answer to Question 28. 
Question 30 
In paragraph 97 of the report, Yemen described the process for obtaining an import permit for 
explosives for development.  In para graph 101, Yemen proposed replacing ad valorem  permit 
fees with fees that approximate the costs fo r services rendered, without specific mention to 
permit fees for explosives for development. 
Can foreign entities legally established or operati ng in Yemen obtain an import permit for 
explosives for development? 
Answer:  
Foreign entities established in Yemen or opera ting in Yemen may obtain an import licence for 
explosives for their activities by a decree from the Minister of Interior.  
Question 31 
Will Yemen's commitment to comply with the WTO Agreement on Import Licensing 
Procedures include any changes to the impo rt permit regulations for explosives for 
development? 
Answer:  
Yemen affirms that its current procedures rela ted to licence permits, as explained in document 
(WT/ACC/YEM/20), are in compliance with import licensing procedures agreement. 
Question 32 
Will revisions to import permit fees to ensure conformity with Article VIII of the GATT 1994 
apply to explosives for development?  Will the ad valorem  import permit fee of 2 per cent be 
replaced with a fee that approximates the cost of services rendered? 
Answer:  
Yes, the ad valorem  fee of (2 per cent) will be replaced with a proposed fee that reflects the 
approximate cost of the services rendered in accordance with the GATT Article VIII. 
Currently legal procedures are being finalized in  accordance with the detailed updated Action Plan 
(WT/ACC/YEM/31/Rev.1) so that ad valorem  fees are consistent with Article VIII of the GATT 
1994, within the indicated implementation timeframe. 
Question 33 
Paragraph 88 of the Draft Working Party Report states that "the import ban on coffee and 
mango and the seasonal restrictions on agricul tural products were under review and would 
conform with WTO rules from the date of accession ."  Can Yemen please provide details of the 
progress of this review, and when it expected to be completed? WT/ACC/YEM/32 
Page 14  
 
 Answer:
 
Please refer to answer to Question 15 regarding eliminating the ban on coffee, mango and seasonal 
restrictions of agricultural goods contained in Table 11. 
Question 34 
Paragraph 88 of the Draft Working Party Report outlines that imports of certain goods are 
prohibited, as they are contrary to Shari'a Law,  and that seasonal restrictions are in place on a 
lengthy list of agricultural products.  Are there any less restrictive means by which Yemen could still achieve its desired objectives with r espect to the seasonal restrictions on agricultural 
produce? 
Answer:
 
Please refer to answer to Question 33. 
Question 35 
With reference to the import ban on machinery  older than 15 years, Yemen states, in 
paragraph 91, that the local production, use or sa le of such products is not prohibited.  By 
banning the import of used or refurbished machin ery with components older than fifteen years, 
but not banning domestic sales of these products, Yemen is in breach of Article XI of the GATT, 
for which no justifiable exception for environm ental concerns is likely under Article XX of the 
GATT.  Yemen has indicated (WT/ACC/YEM/28; Question 22) that it will consider the suggestion from another Member to use im port licensing to regulate these imports. 
Current practice appears discriminatory and woul d need to be reformed prior to Yemen's 
accession to the WTO.  The replacement of this  ban by a non discriminatory import licensing 
system would be acceptable.  We look forw ard to receiving Yemen's final answer to this 
proposal. 
Answer:
 
Yemen is currently preparing environmental and technical-related conditions  for the importation of 
machinery older than 15 years, which will be issued through a Ministerial Decree. 
Question 36 With respect to paragraph 92 of WT/ACC/SPEC/YE M/5: Yemen might not formally have an 
import licensing regime in place but its import  permits resemble "administrative procedures … 
requiring the submission of an applicatio n or other documentation … to the relevant 
administrative Body as a prior condition for impo rtation" (Article 1 ILP).  On substance Yemen 
should be reminded that non-automatic import licenses constitute a violation of the GATT 
Article XI.  Various WTO-incompatible aspects of  its permit system are already tackled in the 
section "trading rights". 
Answer:
 
Yemen affirms that procedures related to issuing im port permits are consistent  with the Agreement on 
Imports Licensing Procedures. These proce dures have been explained in document 
(WT/ACC/YEM/20).  WT/ACC/YEM/32 
 Page 15 
 
 
 Question 37 
In paragraph 100, Yemen requests a three year tr ansition period for bringing its import 
requirements regarding "medicines, medical equipment, fertilizers, pesticides, books, newspapers, audiovisual and other artistic or literary works" into conformity with WTO 
requirements.  Such goods appear to currently be  subject to import permits, which can be 
obtained only by Yemeni nationals.  This discri mination is in breach of Article XI of the GATT 
and does not seem to be justified under Articles XX and XXI of the GATT.  The proposed commitment in paragraph 66 is acceptable for the purposes of Yemen's accession, provided 
there is no transition period. 
Answer:
 
Yemen affirms that implementing the Action Plan will eventually lead to equa l treatment for local and 
foreign importers with regard to the right to import and also to obtain import licenses.  However, the need for a transition period is crucial due to the fact that completing the tasks required to meet the 
commitments takes time as noted in the Action Pl an.  Yemen, therefore, seeks the understanding of 
the Working Party Members for the need of a transition period.  
Question 38 With respect to paragraph 101 of WT/ACC/SPEC/YEM/5: Is Yemen going to replace the ad 
valorem  fee for permits to import explosives and firew orks? This fee appears to be in breach of 
the GATT Article VIII. 
Answer:
 
Fees for import permits for explosives and fireworks are being reviewed to ensure conformity with 
Article VIII of the GATT.  Kindly re fer to the detailed updated Action Plan 
(WT/ACC/YEM/31/Rev.1) for making the fees for serv ices rendered consistent with Article VIII of 
the GATT 1994.  
- Customs valuation 
Question 39 
We appreciate Yemen's reply to Question 33 th at explains Yemen's Draft Customs Law has 
been presented to the House of Representatives.    
We request that Yemen provide the draft legi slation to the Working Party for review and 
comment as soon as possible, to ensu re conformity with WTO requirements. 
Answer:  
Yemen wishes to inform the Working Party that the Draft Amendments to the Customs Law No. 14 
of 1990 has been sent to the WTO Secretariat (see document WT/ACC/YEM/21/Add.1). 
Question 40 
Please identify the Articles, and provide addi tional information on how the current draft 
legislation ensures conformity with the WTO Agreement on the Implementation of Article VII of the GATT 1994. WT/ACC/YEM/32 
Page 16  
 
 Answer:
 
Article 36 bis of the Draft Amendment of the Customs Law states that the Council of Ministers will 
issue a decree defining customs valuation methods which will be used in accordance with Yemen's 
international commitments. 
A Draft Decree on Customs valuation will be issued by the Prime Minister and is available for 
consultation from the Secretariat (see document WT/ACC/YEM/32/Add.1). 
Question 41 
Please also confirm that the timelines of the draft law have been revised so as to allow time for 
the preparation of appeals. 
Answer:  
The time period related for making appeals will be amended from 15 to 60 days according to the new 
amendments to the Customs Law. 
Question 42 
Yemen proposes full compliance with the obligations of the WTO Customs Valuation in 
December 2016 (Table 13 of WT/ACC/SPEC/YEM/5) .  We would be prepared to consider a 
very limited transition period. 
Answer:  
In response to the request of the Working Party, Yemen has shortened the transition period to comply 
with the WTO Customs Valuation Agreement to December 2015.  We hope that Working Party 
Members agree to this transition period. 
- Rules of origin 
Question 43 
We appreciate Yemen's commitment to comply with  the Agreement on Rules of Origin by the 
time of accession, as reflected in paragraph 116.   
We request that Yemen please clarify whether the practice described in paragraph 110 will be 
continued after accession.  In this paragraph, Yemen appears to explain that it uses either the 
country of origin or the country of source, whiche ver is subject to the higher tariff, to determine 
the origin of goods imported from a country other than the country of origin.  [Note: 
paragraph 110 states "Goods imported from a count ry other than the country of origin were 
subject to the tariffs applicable to the country of  origin or the country of source, whichever was 
higher".] 
In paragraph 113, it is explained that Yemen has no detailed rules of orig in for non-preferential 
trade.  However, the discussion in paragraph 110  concerning the application of tariffs to either 
the country of origin or the country of source a ppears to indicate that there are some rules of 
origin for non-preferential trade.  We request  that Yemen please clarify whether it has any 
rules of origin for non-preferential trade.  If there are, please provide additional information on 
these rules.  WT/ACC/YEM/32 
 Page 17 
 
 
 Answer:  
There are no rules of origin for non-preferential tr ade.  With regards to applying the tariff on the 
country of source or country of origin, Article 34 of the Customs Law will be amended accordingly. 
- Anti-dumping, countervailing duties, safeguards regimes 
Question 44 
We appreciate the update in reply to Question 43 that Yemen's Draft Law "On Protection of 
Local Production Against Unfair Trade Practice s" has been approved by the cabinet and is 
currently under review by the House of Representatives. 
We request that Yemen please provide a co py of the law for review and comment. 
We request that Yemen please provide further updates on the status of this legislation. 
Answer:  
The Draft Law on "Protection of Local Products Ag ainst Unfair Trade Practices" has already been 
submitted to the WTO Secretariat (see document WT/ACC/YEM/18/Add.1).  
It has been reviewed by the House of Repres entative and was referred to the specialized 
sub-committee at the House of Representatives.  
Question 45 With respect to the information provided in paragraph 121, has Yemen created a proposal to 
address the possible establishment of administrative  institutions?  If yes, we request further 
information on this proposal. 
Answer:
 
A General Department for the Protection of Lo cal Production against Unfair Practices has been 
established at the Ministry of Industry and Trade.  
B. EXPORT REGULATIONS 
Question 46 Certain fees listed on page 104 Table 14 of WT/ACC/SPEC/YEM/5 are still ad valorem , not 
approximate to the cost of services rendered and in violation of the GATT Article VIII.  When 
does Yemen intend to revise these fees?  
Answer:
 
Based on a review, the ad valorem  fee (two per thousand of the export value of plant pesticides) will 
be replaced by specific fees of Yrls 20,000 for issu ing an export permit for plant pesticides.  With 
regard to the legislative aspect, it is in cluded in the detailed updated Action Plan 
(WT/ACC/YEM/31/Rev.1). WT/ACC/YEM/32 
Page 18  
 
 - Customs tariff, fees and charges for services rendered, application of internal taxes to 
exports  
Question 47 Paragraphs 123 and 124 address the use of an ad valorem  permit fee on exports of pesticides.  
Please identify how this weight- or quantity-based  permit fee corresponds to the costs of services 
provided.  What is the status of the revision of this regulation? 
Answer:
 
Please refer to answer to Question 46 regarding the fee for pesticide exports. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Technical barriers to trade, standards and certification 
Question 48 
WT/ACC/YEM/28 Question 50:  We note that Yemen responded that the draft Law on Plant 
Quarantine is currently being reviewed by the Mini stry of Legal Affairs prior to submission to 
the cabinet.  
Presently, we request information on the specific  revisions Yemen has made to the law.  Does 
Yemen require that related implementing regulatio ns be put in place as well? Please provide a 
status update of the review process. 
Is Yemen referring to Law No. 32 of 1999 titled the Law of Plant Quarantine?  If so, will there 
be an annex/list of the quarantine pest concerns? 
Answer:  
Yemen has made a comprehensive revision that en sures the compatibility of the law with the new 
amended text of the IPPC of 1997 and the WTO Ag reement related to applying SPS measures and the 
ISPMs.  Such revision was conducted with the assistan ce of an international consultant funded by the 
FAO. 
Following the issuance of the new Law on Plant Qu arantine, the Implementing Regulations of the 
Law will be put in place. 
The draft shall be presented as part of a package of  legislations to the House of Representatives in 
order to comply with the provisions of the WTO Agreement. 
Yes, Law No. 32 of 1999 is the Law on Plant Quarantine.  There will be a special annex for quarantine pest s that will be annexed to the Implementing 
Regulation of the amended law.  Yemen needs tec hnical assistance to define such lists through 
supporting the execution of a survey project on plant pests in Yemen and to conduct a PRA (Pest Risk 
Analysis) to define such lists.   WT/ACC/YEM/32 
 Page 19 
 
 
 Question 49 
Paragraph 143 explains that Article 6 of Decision No. 3/2001 "On Issuance of Conformity 
Certificate to Metrological Standards By-Law " stipulated conditions for the conformity 
certificates issued by YSMO, one of which appea red to make the certif icates available only to 
registered enterprises permitted to operate in Arab Countries.  Yemen noted that it would 
review and modify this provision to ensure its conformity with WTO requirements.   
What is the status of this modification?   We request that Yemen commit that it will bring its certification regime in line with WTO rules 
by the time of accession. 
Answer:
 
Apology for the mistake in the previous translati on of this Article which contained "Arab countries" 
instead of "followed by other countries". 
There are no discriminatory procedures contained in th e mentioned Regulation in the original text of 
the Arabic document. 
Please note that the Draft Regulation is being prepared. 
Yemen is committed to making its certification re gime in line with the rules of the WTO upon 
accession. 
Question 50 
Paragraph 141 states that "For goods imported  into Yemen, the YSMO had contracted two 
internationally recognized and IFIA accredited co mpanies, BIVAC and Cotecna, to inspect and 
issue conformity certificates in the country of or igin to accompany each import consignment."  
Please explain how BIVAC and Cotecna will work with exporting countries. 
Please explain how long BIVAC and Cotecna will perform inspections and issue conformity 
certificates. 
Please provide the regulation that requires a certificate of conformity.   Please provide a sample copy of a certificate of conformity. 
Answer:
 
The two companies will work with the exporting na tions in accordance to international practices. 
The agreement with the two companies runs for two years, renewable upon the consent of both sides. 
The legislation that requires Conformity Certificate is Law No. 44 of 1999 on Standards and 
Meteorology where Clause (b) of Article 26 prohib its the competent author ities in customs entry 
points from releasing goods or imported materials unless they conform to the Yemeni standards and 
meteorology accredited by the Yemeni Standard ization and Meteorol ogy Organization and 
submission of a Conformity Certificate from the country of origin. WT/ACC/YEM/32 
Page 20  
 
 A copy of a Conformity Certificate is available for consultation from the Secretariat (see document 
WT/ACC/YEM/32/Add.1). The certificate can also be obtained from the website of the Yemeni 
Standardization, Meteorology Organization: www.ysmo-ye.org 
Question 51 
Paragraph 141 also states that "Importers and domestic manufacturers [are] subject to the 
same requirements".  The representative note d that the conformity assessment procedures - as 
described in Table 16 and the relevant Yemeni regu lations varied with the nature of the product 
and its effect on health, safety and the environment and that products requiring a certificate of conformity are listed in Table 16. We have some questions regarding the requirements for 
foodstuffs (Group 5). 
Please conform the requirements for categorie s No. 1 (Frozen and fresh meats), 2 (meat 
products), 3 (milk and dairy products), 8 (sweet s, candies, and cocoa products), and 9 (baking 
biscuits) to OIE guidelines for Bovine Spo ngiform Encephalopathy and consider the OIE 
recommended for the practice of regionalization. 
Answer:
 
Yes, requirements for categories No. 1, 2, 3, 8, 9,  are consistent with the guidelines of the OIE for 
Bovine Spongiform Encephalopathy (mad cow disease).  
Yemen affirms that goods and food products subject to ICCP in Table  16 are voluntarily and not 
compulsory in the country of origin.  At the mome nt there is a review aiming to apply conformity 
assessment to this group of goods when they arrive as an alternative to ICCP. 
Question 52 
Please provide information regarding regulations  for supervision of halal slaughter.   
We note that no conformity assessment procedu re is listed for halal frozen and fresh meats, 
meat products, and dairy products.  Where can halal slaughter and animal handling regulations 
be found?  Which ministry regulates certification of halal slaughter? Please note that there are 
internationally recognized Codex Alimentarius  guidelines for halal labelling.  We would 
appreciate understanding how Yemen's halal reg ulations differ from those guidelines? 
Answer:  
Information related to Halal slaughter according to Islamic Sharia may be found in Yemeni Standard 
No. 794/ 2004 available for consultatio n from the Secretariat (see document 
WT/ACC/YEM/32/Add.1). 
Yemen explains that conformity assessment procedures for Halal frozen and fresh meat, meat 
products, and dairy products are as mentioned in cate gories 1, 2, 3 of group 5 of Table  16 provided 
they are slaughtered according to Islamic Halal a nd accompanied with a Halal slaughter certificate in 
accordance with the accredited Yemeni sta ndards related to all those products. 
There is no authority that issues Halal slaughter certificates because all slaughters in Yemen are 
conducted according to Islamic Halal slaughter.  WT/ACC/YEM/32 
 Page 21 
 
 
 With regard to guidelines related to the use of Hala l label, Yemen has issued Standard No. 1580/2006 
and it is implemented to local and imported products that is in  line with Codex Alimentarius 
guidelines. 
Question 53 
We note that for category No. 1 (Frozen and f resh meats), the conformity assessment procedure 
required that "animal's food neither contained ho rmones materials, nor animals were injected 
with hormones".  Neither the OIE nor Code x Alimentarius guidelines recommend a zero 
tolerance for the use of hormones in animals.  Please explain the scientific basis for this 
requirement. 
Answer:  
Yemen will comply with the tolerance level of hor mones in animals in accord ance with the guidelines 
of the OIE and Codex Alimentarius upon accession. 
Question 54 
We note that categories No. 2, 3, 5, 7, a nd 9 require technical reports to be kept by 
manufacturers.  Please specify the technical repor ts that a manufacturer will have to maintain. 
Answer:  
Manufacturers are required to maintain a record on various manufacturing stages, especially those 
related to food safety and conformity assessment procedures, in addition to inspection records, 
preparation of periodic reports and documents related to pr oduction or reports related to the views and 
comments of the consumers.  
Question 55 
Where another Member has different health measures than those applied in Yemen, will Yemen 
accept those health measures and practices?  Plea se explain how, per Article 4 (Equivalence) of 
the Agreement on the Applicatio n of Sanitary and Phytosanitary  Measures, Yemen will accept 
the sanitary and phytosanitary measu res of other members as equivalent. 
Answer:  
Yes, Yemen accepts health measures of other countries on the basis of the principle of equivalence if 
the set of health measures achieve an appropriate  level of protection  to prevent the danger. 
Question 56 
Please explain how exporter milk and dairy pr oducers will be tested?  Please confirm that 
Yemen will conform to Article 4 of the Agree ment on the Application of Sanitary and 
Phytosanitary Measures. 
Answer:  
Conformity Certificates for diary products  exported to Yemen are issued as follows: 
The Yemeni Standardization and Meteorology Orga nization visually inspect the consignment to 
ensure its safe appearance.  It then takes a repr esentative sample of the consignment intended to be WT/ACC/YEM/32 
Page 22  
 
 exported in order to conduct the necessary pr ocess; in cases where it conforms to accredited 
standards, a Conformity Certificate is issued fo r this consignment.  If the consignment does not 
conform, the exporter will be informed with r easons in writing.  Please also see answer to 
Question 55.   
Yemen agrees to comply with Article 4 of the SPS Agreement.  Question 57 Please explain how testing, surveillance and monitoring will be carried out for plants. 
Answer:
 
The Yemeni Standardization and Meteorology Organi zation obligates milk and dairy product factories 
to adopt Good Manufacturing Practices (GMP) pursuant to Yemeni Standard No. 1/2001.  It carries 
out periodic control on the factories in order to en sure the implementation of this system and provides 
technical advice and works towards implemen ting HACCP system and Food Safety System 
ISO 22000. 
Question 58 
What is Yemen's sampling protocol?  Does Ye men sample all import shipments?  Are all 
domestic products sampled? 
Answer:  
Yemen has a system (protocol) for taking samples that  is issued by YSMO that is consistent with 
international standards issued by competent organizations. 
Yemen takes random samples from im ported consignments in accordan ce with the risk assessment 
system. 
Samples taken from local products follow the same procedure for imports.  
Question 59 
Paragraph 146:  We are pleased to understand fr om your reply that the National Enquiry Point 
and Sub Points on TBT matters has been established. 
Answer:  
Yemen is appreciative, and confirms the need fo r technical assistance according to the Action Plan 
(WT/ACC/YEM/15/Rev.2). 
Question 60 
In paragraph 149 of WT/ACC/SPEC/YEM/5 Yemen reque sts a five year transition period prior 
to full compliance with the TBT Ag reement.  We would be prepa red to consider a very limited 
transition period.  WT/ACC/YEM/32 
 Page 23 
 
 
 Answer:  
Yemen is committed to comply with the TBT Agreement in accordance with the Action Plan 
(WT/ACC/YEM/15/Rev.2). 
Implementation has started in some activities menti oned in the Plan.  Full implementation shall take 
place by December 2014. 
- Sanitary and phytosanitary measures Question 61 We appreciate the opportunity to review and provide comments on the Law No. 17/2004 "On 
the Organization and Protection of Livestock" and on draft law "On Plant Quarantine".   
Please confirm that the "Animal Wealth Law" refers to Law No. 17 of 2004. 
Answer:
 
Yes, Law No. 17/2004 on "Organization and Protecti on of Livestock" is the Animal Wealth Law in 
Yemen which has already been sent to the WTO Secretariat (see document WT/ACC/YEM/18/Add.1) 
along with the Draft Law on Plant Quarantine  
Question 62 
Please explain and clarify how Law No. 44/1992, the Standardization, Metrology and Quality 
Control Law provides information regarding the Yemeni Standardization and Metrology 
Organization's authority to regulate food safety , specifically inspection of animal carcasses, 
sanitary conditions for animal slaughter, hum ane animal slaughter, research and scientific 
testing/ sampling, development of laboratory capa bilities, inspection of meat products, sanitary 
condition for production of meat products , sanitary production of egg products. 
Answer:  
Articles of Law No. 44 of 1999 on Standards, Mete orology and Quality Control regulated food safety 
through compulsory assurance of the local and impo rted products' safety and its conformity with 
technical rules and YSMO's mandate to issue, accr edit Standards and technical rules; YSMO issues 
technical systems related to regulation of food safety including: 
- GMP (Good Manufacturer Practices); 
- Registration; - Imports control; - Risk assessment; - Issuance Conformity Certificate System; - Food safety system for fresh and pasteurized and dairy products; and 
- Health system for milk farms. 
With regard to tests related to slaughtered anim al carcasses, sanitary co nditions for slaughtered 
animals, research and scientific testing, sampling,  development of laboratory capabilities, inspection 
of meat products, sanitary conditions  for production of meat products and sanitary conditions for eggs 
production, are regulated by law No. 17/2004 on "O rganization and Protection of Animal Wealth" and 
its Implementing Regulation. WT/ACC/YEM/32 
Page 24  
 
 Question 63 
Please provide information on any further legislation describing Yemen's regulation of food 
safety. 
Answer:
 
Law No. 17 of 2004 on "Organization and Protection of Animal Wealth" and implementing regulation 
issued by virtue of Council of Minister's Decision No. 1 of 2006. 
Law No. 38 of 1992 "On Control over Food" and its amendment By-Law No. 13 of 2002 "On Control 
over Food and Regulation of its Circulation" a nd Council of Minister's Decree No. 111 of 2009 
regarding Sanitary Conditions Regulation. 
Question 64 
In paragraph 152 Yemen states its intent to use OIE veterinary certificate and revise the Animal 
Wealth Law for consistency with the OIE regulations.   
We would appreciate an update as to the status of the proposed amendment of the Animal 
Wealth Law.   
Please ensure that the revised Animal Wealth Law clearly provides provision for the general 
right of litigation where losses occur as a result of negligence. 
Please provide a copy of the proposed Animal Health Veterinary certificate. 
Answer:  
A contract was concluded with a consultant comp any to review Law No. 17 of 2004 on "Organization 
and Protection of Animal Wealth" in accordance with  guidelines issued by th e OIE, the review is 
expected to be finalized by the end of 2010. 
Law on Organization and Protection of Animal Wea lth No. 17 of 2004 provides clear provisions in 
this respect; hence Article 28 states that "The Ve terinary Quarantine Department will not incur any 
losses or compensations for any harm inflected upon the consignment during the quarantine period 
unless there is proof of shortcomings by the Quarantine Department". 
A copy of the Veterinary Health Certificate is available for consultation from the Secretariat (see 
document WT/ACC/YEM/32/Add.1).  This is used fo r export cases, and it is consistent with the 
veterinary health certificates circulated by the OIE. 
Question 65 
Paragraph 154 states that at present, no specific process to determine equivalence exists in 
Yemen.   
Please update the status of Yemen's consideration of  developing and drafting legislation to take 
into account systems equivalence for food safety and regional characteristics for existing animal 
or plant health.  WT/ACC/YEM/32 
 Page 25 
 
 
 Answer:  
Yemen would like to update paragraph 154 to read as follows: Equivalence and regional characteris tics were taken into account in na tional legislations.  They were 
also referred to in the Action Plan for implementing the SPS agreement. 
Question 66 
Please consider updating the 2006 Check-list of Illu strative Sanitary and Phytosanitary Issues to 
include a prioritized list of technical assistan ce issues and any updates to your legislation. 
Answer:
 
See document WT/ACC/YEM/12/Rev.1 for the updated lis t, priority technical assistance is included 
in the action plan related to implementing the SPS agreement (WT/ACC/YEM/13/Rev.3). 
Question 67 Paragraph 155:  We are pleased to understand fr om your reply that the National Enquiry Point 
and Sub Points on SPS matters has been established. 
Answer:
 
Yemen appreciates the same, and affirms the need  for technical assistance in accordance with the 
Action Plan (WT/ACC/YEM/13/Rev.3). 
Question 68 
Paragraph 157 contains Table 18 which lays out the Action Plan for Implementation of the 
Agreement on the Application of Sanitary and Phytosanitary Measures.  Yemen has significant 
work to undertake.  Many of the activities liste d are scheduled to be concluded by 2010.  Could 
Yemen please provide an update on  the status of these activities? 
Answer:  
An update regarding the status of activities sched uled to be concluded by 2010 is provided in 
document WT/ACC/YEM/13/Rev.3/Add.1. 
Question 69 
General questions arising from Yemen's SPS La ws:  Does Yemen have one official journal 
where all draft SPS measures are available for public comment prior to adoption?  If not, do 
you have ministry journals? 
Answer:  
There is no one particular official journal th rough which draft SPS measures are published in.  
However, there is a periodical newsletter issued by the Ministry of Agriculture but draft SPS 
measures are not published in it. 
Question 70 Does Yemen circulate food safety measures for public review and comment prior to adoption? WT/ACC/YEM/32 
Page 26  
 
 Answer:
 
Yes, Yemen publishes food safety measures before  issuing them through the YSMO website 
WWW.YSMO-ye.org and receives comments a nd suggestions through the website. 
Question 71 
What is Yemen's policy position on findings of high path/low path avian influenza virus in 
terms of how you treat imported poultry and poultry products? Do you follow the OIE 
guidance? 
Answer:  
Yemen follows OIE guidance with regard to Avian Influenza on both low and high paths. 
Question 72 
What is Yemen's position on bovine spongiform  encephalopathy (BSE) in relation to beef and 
live cattle exports? Do you follow the OIE guidance? 
Answer:  
Yemen prohibits importation from countries proven to have been infected with the disease.  This 
practice is consistent with the guidelines of the OIE.  
Question 73 Yemen requests (paragraph 157 of WT/ACC/YEM/5) a five year transition period prior to full 
compliance with the SPS Agreement.  We would be prepared to consider a very limited 
transition period. 
Answer:
 
Yemen is committed to comply with the SPS Ag reement in accordance with the Action Plan 
(WT/ACC/YEM/13/Rev.3). 
Implementation has started in some activities menti oned in the Plan.  Full implementation shall take 
place by December 2014, regardless of the date of accession. 
- Agricultural policies  
Question 74 
Paragraph 170 notes that document WT/ACC/SPEC/YEM/1 contains information on the 
agricultural sector for the period of 2001-2003, in cluding tables on domestic support and export 
subsidies.  In WT/ACC/SPEC/YEM/1 supporting Table DS:1 lists under A. General Services 
Infrastructure Services which includes "Expendi tures on infrastructural services, including: 
roads, market and port facilities, dams and dr ainage schemes, in accordance with Annex 2:2:(g) 
of Agreement on Agriculture." 
Please confirm that these infrastructural services are public works not to include roads, market 
facilities and drainage schemes implemented for private citizens.  WT/ACC/YEM/32 
 Page 27 
 
 
 Please detail present plans to im plement these proposed services. 
Please explain whether other water management infrastructure will also be included in these 
categories. 
Answer:  
Yemen affirms that infrastructural services ar e being constructed as public works and are not 
earmarked to benefit certain private individuals. 
The current plans call for: - Completion of the creation of central markets for agricultural products; 
- Construction of a number of water dams and dykes; - Construction of a number of  water installations; and 
- Establishment of control networks  and water surveillance stations. 
There are a number of other infrastructural water management projects that fall under this category: 
- Introduction of efficient techniques and water irrigation systems; 
- Water harvesting techniques; - Maintenance of and preservation of terraces; and 
- Benefit from wastewater through water treatment techniques. 
Question 75 
In WT/ACC/SPEC/YEM/1 supporting Table DS:1 lists under B. Regional  Assistance 
Programmes "Expenditures on the development of  Tehama Region as well as Eastern and 
Southern regions". 
Please explain how these regions qualify under the term disadvantaged regions as per 
Annex 2:13.  Please specify which provinces/administrative divisions are included in the 
geographic term Eastern and Southern Region. 
Please explain what plans are presently propo sed to aid in the development of these 
"disadvantaged" regions. 
Answer:
 
"Disadvantaged areas" are those regions with the least human development indicators. 
In document WT/ACC/SPEC/YEM/1 Table DS:1 , the table under B. Regional Assistance 
Programme, Yemen wishes to correct a mistake in the translation where the phrase "southern regions" 
should be corrected to read "northern regions". 
With regard to defining the governorates, admini strative division, the Public Authorities for the 
Development of the Northern and Eastern Regi ons have been terminated and their assets and 
employees were transferred to the Ministry of  Agriculture and Irrigation in accordance with 
Republican Decree No. 13 of 2010 since the beginning of the year 2010. 
Please refer to answer to Question 74 regarding the plans. WT/ACC/YEM/32 
Page 28  
 
 Question 76 
Paragraph 173 notes that Yemen's food security  and poverty reduction strategy will use policy 
instruments to encourage agriculture including rural development projects; agencies providing 
advisory service to farmers; training and awaren ess generation the use of modern agricultural 
technology and techniques; infrastructure or mino r irrigation projects such as the construction 
of small dams and tanks to collect rain water in  drought prone areas; efforts to control pests 
and agricultural disease; and the establishmen t of small plant nurseries in villages.   
Please advise where proposals for these specific projects are articulated. 
Answer:
 
The proposed projects are found in the Third Fi ve Year Development and Poverty Reduction Plan 
2006-2010. 
Question 77 
Paragraph 173 also refers to loans granted to fa rmers through the State-owned Cooperative and 
Agriculture Credit Bank at market interest rate s and loans granted at concessional terms for 
the purchase of agricultural machinery.   
Please provide an explanation of credit lending programmes that Yemen operates. 
Answer:  
The bank provides long term loans for the purchase of Machines and equipments with interest rate of 
12 per cent funded by Government bodies or by foreign programmes such as IFAD.  
Question 78 
Please provide a description of the lending pr ogramme's terms and conditions of the loan, 
repayment, and fees and penalties for default. 
Please also provide information regarding qualifications for applicants. 
Answer:  
The terms of the loans fo r machinery are as follows: 
- The land owned or exploited by the applican t should not be less than two hectares in 
mountainous or highland regions and eight hectares in the low lands; 
- The availability of a permanent irrigation source; - The borrower should have necessary and appropria te accessories to operate the tractor in the 
region or include the accessories to the loan if they are not available; 
- Loans for tractors are given only after an e xhaustive field study for the region to assess the 
saturation of the region; 
- The borrower provides securities for the full value of the tractor to the bank if the purchase is 
conducted from the market or the Bank provides th e security and  adds the value to the loan; 
- It is not permitted, under any circumstan ces to provide a loan for second hand tractors; 
- The loan shall be repaid th rough semi-annual instalments and for a maximum period of five 
years; and 
- The contribution of the borrower (50 per cent) value of the tractor to the bank branch's safe.  WT/ACC/YEM/32 
 Page 29 
 
 
 Conditions attached to repayment of the loan: 
- When the borrower or guarantor defaults on th e date specified by the contract, the Bank is 
authorized to demand payment by the method deemed appropriate by the bank; 
- The borrower remains liable for the loan un til payment of the loan is made fully; and 
- The borrower or guarantor or their representativ e may pay the loan prior to the due date and 
the charges collected in access of  the dues may be refunded. 
Penalties related to delay of payment:  - Late payment fine at the rate of 4 per cent; 
- Warning; - Seizure; and 
- Sale of seized goods based on a judicial ruling. 
Qualifications for applicants are as follows: - The applicant is a Yemeni national; 
- The applicant of the loan has no outstanding over dues on previous loans and delayed 
payment; 
- The applicant of the loan should not be a gua rantor to an applicant with outstanding over 
dues; 
- The applicant contributes with 50 per cent of the cost of the project; - Provides commercial or real estate guarantees; and - The loan is issued after a feasibility study. 
Question 79 
Please provide information regarding the total annual amount of monies loaned through these 
programmes. 
Please provide information regarding the average  loan size, repayment rate and default rate. 
Answer:
 
Year No. of Loans Amount in Thousands 
of Yemeni Rials 
2006 31 15,536 
2007 19 16,276 
2008 24 18,615 
2009 6 11,831 
 
Year Percentage of Repayment Deficient 
2006 100% 0% 
2007 90% 10% 
2008 94% 6% 
2009 75% 25% 
 
Question 80 
Paragraph 172 notes that some Members have aske d Yemen to bind its export subsidies to zero 
at accession.  Is Yemen able to commit to such a request? WT/ACC/YEM/32 
Page 30  
 
 Answer:
 
Yemen commits to bind its agricultural export subsidies to zero upon accession to WTO in 
accordance with Article 9 of Agriculture Agreement.  
V. TRADE-RELATED INTELLECTUAL PROPERTY RIGHTS 
- GENERAL 
Question 81 
WT/ACC/YEM/28/Add.2:  Legislation was communica ted too late to allow for full analysis.  To 
follow, our preliminary remarks.  We reserv e the right to make further comment.  
Answer:  
Yemen welcomes any additional comments. - Copyright and related rights Question 82 In WT/ACC/YEM/28 (Additional Questions and Replies), in Question 78, Yemen explains that 
Article 40 of the Draft Law on Copyright and Rela ted Rights have been drafted to comply with 
Article 13 of TRIPS.  However, as currently stated, only one of the three prongs of TRIPS 
Article 13 are included in the language of Article 40; TRIPS Article 13 requires that exceptions 
or limitations be confined to "certain speci al cases which do not conflict with a normal 
exploitation of the work and do not unreasonabl y prejudice the legitimate interests of the right 
holder."  Please ensure that the proper requirements of TRIPS Article 13 are stated in Article 40 of the Draft Law on Copyright and Related Rights. 
Answer:
 
Article 40 of the Draft Law on Copyright and Relate d Rights will be redrafted to comply with the 
requirements of Article 13 of TRIPS. 
Question 83 
In WT/ACC/YEM/28 (Additional Questions and Replies), in Question 77, Yemen explains that 
the requirements of TRIPS Articles 51 through 60 are addressed in Articles 63 to 68 of the Draft 
Law on Copyright and Related Rights.  However,  Articles 63 to 68 of said draft provide for 
Precautionary Measures, and do not address th e special provisions for border measures found 
in TRIPS Articles 51 through 60.  Please explai n where provisions specific to border measures 
may be found. 
Answer:  
Provisions related to border measure s will be added to the Draft Law on Copyright and Related Rights 
in order to meet the requirements of Article 51 to 60 of TRIPS.  WT/ACC/YEM/32 
 Page 31 
 
 
 Question 84 
In WT/ACC/SPEC/YEM/5, (Draft Report of the Working Party on the Accession of Yemen to 
the World Trade Organization), paragraph 187, Ye men explains that the "new law would also 
address Article 18 of the Berne Convention, providi ng for protection of works that had not yet 
fallen into the public domain."  However, Arti cle 3(C) of the Draft Law on Copyright and 
Related Rights provides for copyright protection to works "available at the time this law was 
passed provided prior to that had not become pr ior to that a public property."  Please clarify 
how the Draft Law on Copyright and Related Righ ts provides protection for works that have 
not yet fallen into the public domain. 
Answer:  
We are not sure of what the question precisely requests.  However, Yemen confirms that 
paragraph (c) of Article 3 of the Draft Law on Co pyright and Related Rights provides protection for 
works which had not fallen into the public domain at  the time the law was i ssued, which comply with 
Article 18 of Berne Convention for the Prot ection of Literary and Artistic Works.  
Question 85 
Definition of Broadcast: the TRIPS or Berne Convention does not define "broadcast".  
However, could Yemen explain why they limited broadcast to "direct broadcasting"? Probably 
it would be better to use transmission instead of broadcast in the definition. 
Answer:  
The comments will be taken into account, so that th e word "transmission" will be used instead of 
"broadcast" in the definition section of the Draf t Law on Copyright Right and Related Rights. 
Question 86 Article 34: Berne Convention Article 7(3) provi des protection from the time when a work was 
"lawfully made available".  As the draft stands now it only refers to publication, but does not 
define that it has to be lawful.  We should request a correction to the text. 
Answer:
 
The phrase "lawfully made available" will be added to Article 34 of the Draft Law on Protection of 
Copyright and Related Rights. 
Question 87 
Article 40(4): this article lists exceptions.  In th e last paragraph it specifically mentions "sites" 
which have been photographed before.  However,  taking photographs of sites (other natural 
scenery) might be protected by copyright.  Co uld Yemen please clarify what they mean by 
"sites"? 
Answer:  
"Sites" are natural, historical, archaeological or architectural places. WT/ACC/YEM/32 
Page 32  
 
 - Trademarks, including service marks 
Question 88 While we appreciate Yemen's reply to Question 79,  we continue to have questions regarding 
Yemen's response to WT/ACC/YEM/26, Question 85.  Is Yemen asserting that the owner of a trademark in Yemen whose rights were acquired pr ior to the date a GI was afforded protection 
in Yemen, will be able to oppose, cancel, or have  its trademark be the basis of a refusal of, that 
subsequent GI? 
Answer:
 
Yemen appreciates Working Party Member's  inte rest and continued comments on Yemen's replies 
related to regulating the relationship between trad emarks and geographical indications, which Yemen 
was keen to be established in its Draft Law on Tr ademarks and Geographical Indications based on the 
principles contained  in Article 24 paragraph 5 of TRIPS, which stat es that "Where a trademark has 
been applied for or registered in good faith, or  where rights to a trademark have been acquired 
through use in good faith either: 
- Before the date of the application of these provi sions in that Member as defined in Part VI; or 
- Before the geographical indication is protected in its country of origin. 
Measures adopted to implement this section shall not prejudice eligibility for or the validity of the 
registration of a trademark, or the right to use a trademark, on the basis that such a trademark is 
identical with, or similar to, a geographical indication". 
- Geographical indications, including appellations of origin 
Question 89 
Article 33: This article does not follow the logi c and the language of TRIPS Article 22 (1).  
Could Yemen please explain? 
Answer:  
This was due to a mistake in the translation of Article 33 of the Draft Law on Trademarks and 
Geographical Indications which states "Geogra phical Indications are what identify a good as 
originating, in a territory or region in Yemen or in  a country which is a member to an international 
agreement to which Yemen is a party, or which tr eats Yemen on reciprocal basis, when the quality, 
reputation or other characteristic of these goods which influence its promotion is essentially 
attributable to its geographical origin.  Protection of the geographical indication herein is contingent 
upon the protection of the same in the country of origin". 
- Industrial designs 
Question 90 
Article 18: TRIPS only foresees compulsory licen sing for patents.  Could Yemen explain why 
they see the need for compulsory li censing for industrial designs? 
Answer:  
Please refer to the answer of Question 92 in document WT/ACC/YEM/26.  WT/ACC/YEM/32 
 Page 33 
 
 
 Yemen sought guidance, when it prepared the Draf t Law on Industrial Designs from the Intellectual 
Property legislations of some of the WTO members.  In addition to this; the WIPO reviewed the Draft 
Law and made no comments in this regard. 
TRIPS does not address compulsory licensing in the ar ea of Industrial Designs.  At the same time, 
TRIPS does not prohibit compulsory licensing for industrial designs. 
Article 18 of the Draft Law indicates that compulsory licensing in the area of industrial designs shall 
be based on a reasoned decision issued by the competent Minister for the purpose of pursuing a public interest in exchange for an equitable compensation.  
- Patents 
Question 91 
On the patent and undisclosed information provisions of the draft law: 
Article 6(d) indicates plants are not patentable .  Does Yemen have another sui generis system 
for the protection of plant varieties as required by TRIPS Article 37(3)(b)? 
Answer:
 
Yes, Yemen has a sui generis system for the prot ection of plant variety based on Law No. (20) of 
1998 on Seeds and Agricultural Fertilizers as required in TRIPS Article 27.3(b).  
Question 92 
Article 6(e) indicates "natural living organs , tissue, cells, substances, nucleotides, blood, 
hormones and genes" are not inventions and not patentable.  According to TRIPS Article 27(1), 
patents shall be available for products and pro cesses in all fields of technology provided the 
inventions meet the requirements of novelty, in ventive step, and industrial applicability.  Could 
the Government of Yemen explain the scope of this  provision and how it can be considered to be 
compliant with TRIPS Article 27? 
Answer:  
Elements stated in paragraph (e) Article 6 of the Draft Law on Patent, Utility Models, Integrated 
Circuits and Undisclosed Information are not human  inventions and do not meet the requirements of 
novelty, inventive step or industrial applicability i.e.   Yemen believes that paragraph (e) of Article 6 
of the Draft Law conforms to Article 27 of TRIPS.  
Question 93 
Regarding Article 13, this provision provides for a patent opposition process.  Does the 
Government of Yemen envision a time frame for completion of pre-grant opposition proceedings?  Is a reasoned statement explaining the basis for opposition to be required for a 
filing?  This would help to minimize unnecessary  delays and harassment of patent applicants 
when no reasoned basis for oppo sition can be articulated. 
Answer:
 
There was a mistake in the translation of paragraph (a) of Article 13 of the Draft Law on Patent, 
Utility Models, Integrated Circuits and Undisclo sed Information where the phrase "...to file.." was WT/ACC/YEM/32 
Page 34  
 
 used while it should have been read "…shall be required to submit a written answer...".  In other 
words, pursuant to paragraph (a), Ar ticle 13 of the Draft Law, there is no need to file an opposition, as 
may be understood from the tran slation of this paragraph. 
It is difficult to define a timeframe for a patent  opposition process due to the fact that each opposition 
has its own circumstances, including the number of oppositions which may contribute, one way or 
another, either by speeding up the process or prolonging it. 
Question 94 
Regarding Article 23 which provides that interested persons or the Department may request 
cancellation of a patent, what would be the basi s for such a request?  How is the patent owner 
provided notice of such a request? How does th e scope of Article 23 differ from Article 22? 
Answer:
 
Article 23 of the Draft Law on Patent, Utility M odels, Integrated Circuits and Undisclosed 
Information indicates that the basis for requesting the court to cancel a patent shall be that its 
registration was made in violation of the provisions of the law. 
The court shall notify the parties in any dispute be fore it in accordance with the Civil Proceedings and 
Enforcement Law. 
The scope of Article 22 differs from the scope of Article 23 since Article 22 defined three elements 
for requesting the cancellation of patent:  the termina tion of the term of protection; issuance of a final 
ruling from the court to cancel the patent; and failure  to pay the annual fees for the continuation of the 
protection.  While, the scope of Article 23 is defi ned such that the court may, upon a request by the 
Department or any interested party, cancel the pate nt which has been registered in violation to the 
provisions of the law. 
Question 95 
In Article 32(a), it appears there is a typographi cal error in our translation.  Is this provision 
intended to read as "secret to the extent that it is...not generally known among..." as opposed to 
"generally known"? 
Answer:  
There was a mistake in the translation of paragraph (a) of Article 32 of the Draft Law on Patent, 
Utility Models, Integrated Circuits and Undisclosed Information.  The correct translation is "..not 
generally known or circulated among a readily accessible persons…" 
Question 96 
The first sentence of Article 33 is not understood as written in our translation.  The addition of 
the final clause in this sentence (beginning with "necessary to conduct" and ending at the 
period)  is confusing.  Could you clarify? 
Additionally, this provision appears to author ize the competent authority to disclose required 
undisclosed  marketing approval data a maximum of five years after it is submitted.  Does the 
Government of Yemen consider this to be consistent with its obligations under TRIPS 
Article 39(3)?  Please explain.  WT/ACC/YEM/32 
 Page 35 
 
 
 Answer:  
There was a mistake in the translation of the first sentence of Article 33 of the Draft Law on Patent, 
Utility Models, Integrated Circuits and Undisclo sed Information which states that "Protection 
provided by this law shall extend to undisclosed info rmation that was the result of considerable efforts 
and which is submitted to the competent author ities for approving the marketing of chemical, 
pharmaceutical or agricultural prod ucts which utilize new chemical entities that must be tested in 
order to approve marketing". 
Question 97 
Regarding the first sentence of Article 34, what is  the meaning of "non-specialized persons" and 
is this meaning consistent with TRIPS Article 39(2)? 
TRIPS Article 39(2) indicates that "persons shall have the possibility of preventing information 
lawfully within their control from being disclos ed to, acquired by, or used by others without 
their consent in a manner contrary  to honest commercial practi ces...".  Article 34 of the draft 
law indicates that information holders' rights are "limited to preventing third parties from any 
infringing acts of unfair competition." Please clarify whether and how Article 34 provides the 
rights enumerated in TRIPS Article 39(2) under Yemeni law. 
Answer:  
Article 34 of the Draft Law on Patent, Utility M odels, Integrated Circuits and Undisclosed 
Information shall be redrafted as follows "The lega l holder of undisclosed information is obliged to 
take the required and necessary measures to preserve  this information and prevent its circulation by 
others.  The responsibility of the legal holder shall not be exempted by infri ngement of others unless 
he proves that he devoted sufficient and reasonable e ffort to preserve it.  The confidential nature of 
the information shall continue and so will the attenda nt right of preventing others from infringing it, if 
it remains undisclosed information in accordance with Article 32 of this  law.  The rights of the legal 
holder of undisclosed information shall extend to pr eventing this information from being disclosed to, 
or acquired by, or used by others without their consent in a manner that is contrary to honest 
commercial practices". 
Question 98 
For purposes of Article 36(b), how is abusive and anti -competitive exercise of patent rights to be 
established? 
Answer:  
Abusive and anti-competitive exercise of patent ri ght is established through evidence provided by the 
applicant of the licence which proves that sufficien t and reasonable efforts have been devoted to 
acquiring the consent of the patent owner in accord ance to paragraph (c) of Article 36 of the Draft 
Law on Patent, Utility Models, Integrated Circuits and Undisclosed Information. 
Question 99 
Regarding Article 36(c), it is noted that TRIPS Article 31(b) permits unauthorized use without 
any prior efforts to obtain authorization from  the right holder "in the case of a national 
emergency or other circumstances of extreme urgency or in cases of public non-commercial use." Can the Government of Yemen explain how the broad "public interest" basis for a compulsory licence, as well as each of the pa rticularly enumerated public interest bases, are WT/ACC/YEM/32 
Page 36  
 
 consistent with this aspect of TRIPS Article 31(b).  In addition, the final clause of Article 36(c), 
this is a bit confusing as written.  Is this clau se meant to provide the notification to right holders 
required at the end of TRIPS Article 31(b)? 
Answer:
 
The broad "Public interest" basis for a compulsory li cence is defined in the scope of paragraph (e) of 
Article 36 of the Draft Law on Patent, Utility Models , integrated circuits and undisclosed information 
which is consistent with  Article 31 of TRIPS. 
Yes, the final clause of Article 36(c) of the Draft Law is meant to provide notification to the right 
holder required at the end of TRIPS Article 31(b).   
Question 100 
The first sentence of Article 36(e) is confusing as  written.  Is this provision intended to reflect 
the first part of TRIPS Article 31(c)?  If not, wh ere is the requirement of the first part of TRIPS 
Article 31(c) provided for? 
Answer:  
Yes, the first sentence of paragraph (e) of Artic le 36 of the Draft Law on Patent, Utility Models, 
Integrated Circuits and Undisclosed Information is m eant to reflect the first part of paragraph (c) of 
Article 31 of TRIPS.  Moreover, the confusion indicated in the question has been removed. 
Question 101 
Further regarding Article 36(e), is all of TRIPS Article 31(g) provided for in Yemeni law? 
Please explain. 
Answer:  
Paragraph (e) of Article 36 of the Draft Law on Patent, Utility Models, In tegrated Circuits and 
Undisclosed Information shall be redrafted to make it consistent with the requirements of 
paragraph (g) of Article 31 of TRIPS. 
Question 102 
Regarding Article 36(h), how is this provision seen  to be consistent with TRIPS Article 31(h) 
which requires that the economic value of the authorization be taken into account when 
determining adequate remuneration paid to the right holder? 
Answer:  
The phrase "Taking into account the economic value of the authorization" shall be added to 
paragraph (h) of Article 36 of the Draft Law on Patent, Utility Models, Integrated Circuits and 
Undisclosed Information to make it consistent with paragraph (h) of Article 31 of TRIPS.  
Question 103 Could you explain how Article 37 is considered to be consistent with TRIPS Article 31(c) which 
indicates that unauthorized use of semi-conducto r technology is permitted only for public non- WT/ACC/YEM/32 
 Page 37 
 
 
 commercial use or to remedy a practice determined by administrative or judicial process to be 
anti-competitive? 
Answer:  
Article 37 of the Draft Law on Patent, Utility M odels, Integrated Circuits and Undisclosed 
Information will be redrafted as follows "The use of  compulsory licensing for a patent in the case of 
semi-conductor technology is permitted only for public  non-commercial use or to remedy a practice 
determined after judicial or administrative process to be anti-competitive". 
Question 104 
Where can the requirements of TRIPS Article 31(e) and (j) be found in Yemeni law? 
Answer:  
The requirement of paragraph (e) of Article 31 of TRIPS will be met in the Draft Law on Patent, 
Utility Models, Integrated Circuits and Undiscl osed Information by including a sentence to 
paragraph (f) of Article 36 as follows "The licence w ill not be exclusive to whom it was granted to 
and may non-assignable to others except with that part of the enterprise or with the part related to the 
use of the invention." 
Paragraph (i) of Article 36 of the Draft Law will be redrafted to provide for the requirement of 
paragraph (j) of Article 31 of TRIPS as follows "The  decision to remunerate the owner of a patent 
regarding of the use of a compulsory licensing shall be  subject to judicial review or other independent 
review by a higher neutral authority." 
Question 105 
On the draft industrial design law:  The second sent ence of Article 4(A) is confusing as written.  
We request that Yemen please clarify this provision. 
Answer:  
There was a mistake in the translation of the second sen tence of paragraph (a) of  Article 4 of the Draft 
Law on Industrial Design which states "…revelation of  the Industrial Design to the public shall not 
count, if it occurs within six months prior to the f iling of the application or from the date of claiming 
the priority and that such a revelation of the I ndustrial Design was the result of an action committed 
by the applicant of the registration or due to unlawful action by others against the applicant of the registration". 
Question 106 
Regarding Article 16(A), how is the non-renewable  10 year from filing term of protection seen 
to be in accordance with TRIPS Article 26(3) whic h requires a term of protection of at least 10 
years? 
Answer:
 
Paragraph (a) of Article 16 of the Draft Law on I ndustrial Designs will be redrafted so that the 
protection of an industrial design will be for 10 year s in accordance with paragraph 3 of Article 26 of 
TRIPS. WT/ACC/YEM/32 
Page 38  
 
 Question 107 
In consideration of TRIPS Article 26(1), plea se explain whether the rights in Article 16(B) 
extend to articles bearing or embodying a design which is substantially a copy of the protected 
design? 
Answer:
 
Paragraph (b) of Article 16 of the Draft Law on I ndustrial Designs will be redrafted to make it 
consistent with paragraph 1 of Article 26 of TRIPS as follows "To prevent others not having the 
owner's consent from making, selling or importing goods bearing or embodying a design which is a 
copy, or substantially a copy, of the protected d esign, when such acts are undertaken for commercial 
purposes." 
Question 108 Regarding Article 17(a) as well as the limitations  in TRIPS Article 26(2), the purpose or scope of 
an exception to design owners' rights covering the ornamental and aesthetic  appearance of an 
article which does not have a technical or functional use, is not understood.  We request that Yemen please clarify. 
Answer:
 
The exceptions covered in Article 17 of the Draf t Law on Industrial Designs  are consistent with 
paragraph 2 of Article 26 of TRIPS.  However, the relationship between what is stated in the question 
regarding "the purpose or scope of an exception to  design owners' rights and ornamental and aesthetic 
appearance of an article which does not have a techni cal or functional use" with what is stated in 
Article 17 of the Draft Law which match paragra ph 2 of Article 26 of TRIPS is not clear.   
Question 109 Article 6: the list of non-patentable subject matters differs from the list provided in TRIPS 
Article 27(2) and (3).  Could Yemen please explain? 
Answer:
 
The exceptions stated in Article 6 of the Draft La w on Patent, Utility Models, Integrated Circuits and 
Undisclosed Information have been reviewed and found to be in agreement with the exceptions 
contained in Article 27, paragra phs 2 and 3 of TRIPS as follows: 
Non-patentable subject matters in accordance to 
Article 6 of the Draft law Non-patentable subject matters in accordance with 
Article 27 of TRIPS 
- Inventions contrary to public order or morality 
or prejudicial to the security, the environment or 
human, animal or plant life or health. 
- Treatment, diagnostic and surgery methods on 
humans or animals. 
- Plant and animals and processes for the 
production of plants or animals, other than 
micro-organisms and non-biological and micro-
biological processes.  
- Discoveries, scientific theories, mathematical 
methods, schemes, rules or methods for doing 
business or performing purely mental acts. 2 Inventions contrary to ordre public or morality, 
or inventions necessary to protect human, 
animal or plant life or health or to avoid serious prejudice to the environment. 
3(a) Diagnostic, therapeutic and surgical methods 
for the treatment of humans and animals. 
3(b) Plant and animals, other than micro-organisms, 
and essential biological processes for the 
production of plants or animals, other than non-biological and microbiological processes.  WT/ACC/YEM/32 
 Page 39 
 
 
 Non-patentable subject matters in accordance to 
Article 6 of the Draft law Non-patentable subject matters in accordance with 
Article 27 of TRIPS 
- Organs, tissues, living cells and natural living 
organisms, DNA, blood, hormones and genes.  
 
Question 110 
Articles 36-39: It seems that the draft law goes beyond Article 31 of TRIPS regarding 
compulsory licensing (for example it includes de velopment of vital national economic sectors)?  
Could Yemen please explain? 
Answer:  
Granting compulsory licensing, for the purpose of "Development of vital national economic sectors" 
under specific legal controls shall not prejudice the le gitimate rights of the owner of the patent.  This 
falls within the scope permitted by Article 31 of  TRIPS (cases of  public non-commercial use and 
other circumstances of extreme urgency). 
VI. POLICIES AFFECTING TRADE IN SERVICES  
Question 111 The services' section does not reflect the bila teral 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 indicated, there are a number of points which require clarification. 
Paragraph 236: (…) Unless specified otherwise, fo reign 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 removed in  Yemen's offer.  Could Yemen please confirm 
that the text will be modified accordingly? 
Answer:
 
The Draft Working Party Report will be updated as  soon as the bilateral negotiations on services are 
concluded. 
Question 112 
Paragraph 237: (…) Foreign equity was limited  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 answer to Question 111. WT/ACC/YEM/32 
Page 40  
 
 Question 113 
In paragraph 232, we are informed that (…) Le gal consultancy services not involving pleading 
in Yemeni courts could be provided by foreign lawyers and legal service providers if they operated with Yemeni participation 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 answer to Question 111. 
Question 114 
In Paragraph 225, we are informed that foreign equity participation in Yemeni insurance and 
re-insurance companies was limited to 25 per cent in accordance with Law No. 37/1992 "On 
Supervision and Monitoring of Insurance Compan ies and Brokers" and Law No. 9/1997.  (…)  
No more than 50 per cent of the total cover age 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 no t apply to reinsurance (for which Yemen has 
scheduled "none" in mode 2). 
Answer:
 
Please refer to answer to Question 111. 
VII. TRANSPARENCY  
Question 115 We appreciate the commitment language Yemen has provided in paragraph 244.  We request 
that the bracketed text be de leted ("[whenever possible]"). 
Answer:
 
Yemen agrees to delete the bracket ed text ("[whenever possible]"). 
__________