BAHRAIN – MEASURES RELATING TO TRADE IN GOODS AND SERVICES, AND TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS REQUEST FOR CONSULTATIONS BY QATAR
Document: REQUEST FOR CONSULTATIONS BY
Date: 4 August 2017
Document codes: WT/DS527/1; G/L/1181; S/L/416; IP/D/36
Complainant: Qatar
Respondent: Bahrain
Dispute stage: Consultation
Agreements cited: Art. I:1, V:2, X:1, X:2, XI:1, XIII:1, XXIII:1  GATT 1994Art. II:1, III:1, III:2, III:3, XVI, XXIII:1, XXIII:3  Services (GATS)Art. 3, 4  Intellectual Property (TRIPS)

BAHRAIN – MEASURES RELATING TO TRADE IN GOODS AND SERVICES, AND
TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
REQUEST FOR CONSULTATIONS BY QATAR
The following communication, dated 31 July 2017, from the delegation of Qatar to the delegation
of the Kingdom of Bahrain and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

Governing the Settlement of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs
and Trade 1994 ( "GATT 1994 "), Article XXIII of the General Agreement on Trade in Services
("GATS"), and Article 64.1 of the Agreement on Trade -related Aspects of Intellectual Property
Rights ("TRIPS Agreement "). For the avoidance of any doubt, consultations under the
TRIPS Agreement are requested solely under Article XXIII of the GATT 1994 as elaborated and
applied by the DSU, as that provision is made applicable to the TRIPS Agreement. Qatar intends
that the first sentence of Article 4.11 of the DSU shall not apply to consultations in this dispute.
3. This request identifies the measures at issue in Section A, and indicates the legal bases for
Qatar's complaint in Section B.
A. Measures at issue
4. The measures at issue in this request include all written and unwritten, published and
unpublished measures adopted in the context of coercive attempts at economic isolation imposed
by Bahrain against Qatar. The measures individually and collectively affect trade in goods, trade
in services and trade-related aspects of intellectual property rights.
5. In respect of goods, the coercive attempts at economic isolation entail acts and/or omissions
through which Bahr ain bans, prohibits or otherwise restricts the import, export, sale, purchase,
license, transfer, receipt, and shipment of goods originating in, transiting through, towards or
from, or with the destination of Qatar.
6. In respect of services, the coercive att empts at economic isolation entail acts and/or
omissions through which Bahrain bans Qatari nationals from travelling to and remaining in Bahrain
in order to provide services, as well as bans on the provision of services by Qatari service suppliers
established in Bahrain. They include bans on the supply of (digital and other) services from Qatar
to consumers of Bahrain as well as prohibitions on nationals of Bahrain to travel to and remain in
Qatar in order to consume Qatari services.
7. In respect of trade-related aspects of intellectual property rights , coercive attempts at
economic isolation entail interference with intellectual property rights enjoyed by nationals of
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Qatar. Specifically, these measures include prohibitions or restrictions on display of and accessing
television content over which Qatari nationals hold copyrights and related broadcasting rights.
8. Without limiting the scope of the general description of the measures in the preceding
paragraphs, the measures at issue include the following specific acts and/or omissions:
(i) Bahrain's closure of its maritime borders with Qatar, and prohibition on Qatari
aircraft from accessing its airspace;
(ii) Bahrain's prohibition on the use of all Bahrain ports and territorial waters for
marine navigation from and to Qatar;
(iii) Bahrain's prohibition on flights to and from Bahrain operated by aircraft registered
in Qatar; including prohibiting landing of Qatari aircraft at airports in Bahrain;
(iv) Bahrain's closure of certain Qatari service suppliers' offices in Bahrain;
(v) Bahrain's prohibitions and restrictions on (a) the import of Qatari audio -visual
equipment that is necessary to access Qatari audio -visual content in Bahrain, and
(b) accepting new and renewing existing subscriptions to Qatari audio -visual
service providers' channels;
(vi) Bahrain's prohibitions or restrictions on display of and accessing television content
over which Qatari nationals hold copyrights and related broadcasting rights;

(vii) Bahrain's unilateral suspension of the handling of international mail items an d
parcels originating from or designated to Qatar Postal Services Company; and,
(viii) Bahrain's omission to publish certain measures of general application imposing the
coercive attempts at economic isolation described in the paragraphs above.
B. Legal bases of the complaint
9. Qatar is concerned that the measures at issue taken by Bahrain, as described in Section A of
this request, are inconsistent with Bahrain's obligations under the WTO covered agreements.
10. First, it appears that certain of the measures at issue co ntravene provisions of the
GATT 1994. Specifically, certain measures appear to violate:
(a) Article I:1 of the GATT 1994, because, through the:

- maritime border and airspace closure by Bahrain;

- prohibition on the use of all Bahrain ports and territorial wate rs for marine
navigation from and to Qatar;

- prohibition on the landing of Qatari aircraft at airports in Bahrain; and

- prohibition on the importation of Qatari audio -visual equipment that is
necessary to access Qatari audio-visual content in Bahrain,

Bahrain appears to fail to accord immediately and unconditionally to like products
originating in Qatar relevant advantages, favours, privileges or immunities that are
granted by Bahrain to products originating in other countries;

(b) Article V:2 of the GATT 1994, because, through the:

- maritime border and airspace closure by Bahrain,

- prohibition on the use of all Bahrain ports and territorial waters for marine
navigation from and to Qatar; and,
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- prohibition on the landing of Qatari aircraft at airports in Bahrain,

Bahrain appears to deny freedom of transit through the territory of Bahrain, via
the routes most convenient for international transit, for traffic in transit to or from
the territory of Qatar, and makes distinctions based on the flag of vessels a nd/or
place of registration of aircraft, the place of origin, departure, entry, exit or
destination or on circumstances relating to the ownership of goods, vessels or of
other means of transport;

(c) Article X:1 and X:2 of the GATT 1994, because:

- through the omission to publish relevant measures affecting trade in goods;
and,

- by enforcing such measures prior to publication,

Bahrain appears to be in violation of the obligations under these provisions;

(d) Article XI:1 of the GATT 1994, because, through the:

- maritime border and airspace closure by Bahrain;

- prohibition on the use of all Bahrain ports and territorial waters for marine
navigation from and to Qatar;

- prohibition on the landing of Qatari aircraft at airports in Bahrain; and,

- prohibition and restriction on the importation of Qatari audio -visual equipment
that is necessary to access Qatari audio-visual content in Bahrain,

Bahrain appears to institute or maintain prohibitions or restrictions, other than
duties, taxes or other charges, on the imp ortation of products of the territory of
Qatar, and on exportation of products to the territory of Qatar;

(e) Article XIII:1 of the GATT 1994, because, through the:

- maritime border and airspace closure by Bahrain;

- prohibition on the use of all Bahrain ports and territorial waters for marine
navigation from and to Qatar;

- prohibition on the landing of Qatari aircraft at airports in Bahrain; and

- prohibition and restriction on the importation of Qatari audio -visual equipment
that is necessary to access Qatari audio-visual content in Bahrain,

Bahrain appears to apply prohibitions and restrictions on the importation of
products of the territory of Qatar, and on the exportation of products destined for
the territory of Qatar, without any corresponding prohibitions or restrictions on the
importation of the like product of any other countries or the exportation of the like
product to or from any other countries being similarly prohibited or restricted.

11. In addition to, and independently of, the multiple violation s of obligations under the
GATT 1994 identified above, Qatar considers that benefits accruing to Qatar directly and indirectly
under the GATT 1994 are being nullified and impaired as a result of the application of t he
measures identified above, within the meaning of Article XXIII:1(b) of the GATT 1994.
12. Second, it appears that certain of the measures at issue contravene provisions of the GATS.
Specifically, certain measures appear to violate:
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(f) Article II:1 of the GATS, because, by:

- prohibiting Qatari persons, vessels and vehicles from crossing maritime
borders with Bahrain or entering Bahrain via airspace to supply services, as
well as persons from Bahrain crossing maritime borders with Qatar, or entering
Qatar via airspace, to consume services;

- prohibiting aircraft registered in Qatar from operating flights to and from
Bahrain, including prohibiting landing of Qatari aircraft at airports in Bahrain,
which prevents Qatari service suppliers from supplying services;

- prohibiting certain Qatari service suppliers, from providing any service from
their offices in Bahrain;

- prohibiting Qatari audio -visual service suppliers from providing services in
Bahrain and/or to consumers located in Bahrain; and,

- prohibiting Qatari service suppliers, such as Qatar Postal Services Company,
from providing services in relation to mail items that are originating from or
designated to Qatar,

Bahrain fails to accord immediately and unconditionally to services and/or service
suppliers of Q atar, in a variety of services sectors and through multiple modes of
supply, treatment no less favourable than that it accords to like services and
service suppliers of any other country;1

(g) Articles III:1-2 and III:3 of the GATS, because, through the:

- omission to promptly publish, or make otherwise available, relevant measures
pertaining to or affecting the operation of the GATS; and,

- omission to promptly inform the Council for Trade in Services of the
introduction of, or changes to, measures that signifi cantly affect trade in
services covered by Bahrain's specific commitments under the GATS,

Bahrain violates the transparency obligations enshrined in Article III of the GATS;

(h) Article XVI of the GATS, because, by:

- banning Qatari persons or vessels and vehicles from crossing maritime borders
with Bahrain, or entering Bahrain via airspace, to supply services, as well as
persons from Bahrain crossing maritime borders with Qatar, or entering Qatar
via airspace, to consume services; and,

- banning aircraft registered in Qatar from operating flights to and from Bahrain,
which prevents Qatari service suppliers from supplying services,

Bahrain appears to unduly restrict market access for Qatari services and/or service
suppliers, thereby according treatment that is less favourable than that provided
for under the terms, limitations, and conditions agreed and specified in Bahrain 's
schedule of specific commitments.

13. Bahrain thus fails to carry out its obligations and/or specific commitments under the GATS
within the meaning of Article XXIII:1 of the GATS.
14. In addition to, and independently of, the multiple violations of obligations under the GATS
identified above, the measures appear to nullify or impair benefits that Qatar could reasonably
have expected to accrue to it under Bahrain 's specific commitments under the GATS within the
meaning of Article XXIII:3 of the GATS.

1 Bahrain does not appear to have scheduled exemptions in the sense of Article II:2 of the GATS.
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15. Third, it appears that certain measures contravene provisions of the TRIPS Agreement .
Specifically, certain measures appear to violate:
(i) Article 3 of the TRIPS Agreement, because, by:

- making it impossible for holders of licenses to copyrights, trademarks and
other forms of intellectual property owned by Qatari nationals to honour their
obligations under licensing agreements; and,

- making i t impossible for Qatari owners of copyrights, trademarks and other
forms of intellectual property, and their licensees, to use those intellectual
property rights in the territory of Bahrain,

Bahrain appears to have failed to accord to the nationals of Qatar treatment no
less favourable than that it accords to its own nationals with regard to the
protection of intellectual property.

(j) Article 4 of the TRIPS Agreement, because, by:

- making it impossible for holders of licenses to copyrights, trademarks and
other forms of intellectual property owned by Qatari nationals to honour their
obligations under licensing agreements; and,

- making it impossible for Qatari owners of copyrights, trademarks and other
forms of intellectual property, and their licensees, to use those intellectual
property rights in the territory of Bahrain,

Bahrain appears to have failed to accord, immediately and unconditionally, to the
nationals of Qatar, advantages, favours, privileges and immunities granted by it to
the nationals of oth er countries with regard to the protection of intellectual
property.

16. This request for consultations also concerns any modification, replacement or amendment to
the measures identified above, and any closely connected, subsequent measures.
17. Qatar reserves its rights to raise additional matters during the course of these consultations
and in any future request for panel proceedings.
18. Qatar looks forward to receiving a reply from Bahrain to this request within 10 days after
receipt of this request, as c ontemplated by Article 4.3 of the DSU, and to fixing a mutually
acceptable date for consultations.