UNITED ARAB EMIRATES – MEASURES RELATING TO TRADE IN GOODS AND SERVICES, AND TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS REQUEST FOR THE ESTABLISHMENT OF A PANEL BY QATAR
Document: REQUEST FOR THE ESTABLISHMENT OF A PANEL
Date: 12 October 2017
Document codes: WT/DS526/2
Complainant: Qatar
Respondent: UAE
Third parties: Afghanistan, Australia, Bahrain, Brazil, Canada, China, Egypt, EU, Guatemala, Honduras, Japan, Kazakhstan, South Korea, Malaysia, Mexico, Norway, Philippines, Russia, Saudi Arabia, Singapore, Taiwan, Turkey, Ukraine, U.S., Yemen
Dispute stage: Panel
Agreements cited: Art. I:1, V:2, X:1, X:2, XI:1, XIII:1, XXIII:1(b)  GATT 1994Art. II:1, III:1, III:2, III:3, XVI  Services (GATS)Art. 3.1, 4, 41.1, 42, 61  Intellectual Property (TRIPS)

UNITED ARAB EMIRATES – MEASURES RELATING TO TRADE IN GOODS AND SERVICES,
AND TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
REQUEST FOR THE ESTABLISHMENT OF A PANEL BY QATAR
The following communication, dated 6 October 2017 , from the delegation of Qatar to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

Emirates ("UAE") pursuant to Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs and Trade
1994 ("GATT 1994"), Article XXII I 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"). The request concerned all measures taken in the context of coercive
attempts at economic isolation imposed by the UAE against Qatar.
2. On 10 Au gust 2017, Qatar received a communication from the Chairman of the Dispute
Settlement Body ("DSB") covering a communication from the UAE, stating that the UAE would not
engage in consultations with Qatar. As a result of the UAE's refusal to engage in cons ultations
with Qatar, the dispute has not been resolved.
3. Therefore, Qatar requests, pursuant to Articles 4.7 and 6 of the DSU, Article XXIII of the
GATT 1994, Article XXIII of the GATS and Article 64.1 of the TRIPS Agreement , that the DSB
establish a panel to examine the matter referred to the DSB by Qatar in this document, with the
standard terms of reference provided by Article 7.1 of the DSU.
4. In the following sections, Qatar identifies the specific measures at issue and provides a brief
summary of the legal basis of the complaint sufficient to present the problem clearly.
A. Measures at issue
5. 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 isol ation imposed
by the UAE against Qatar. The measures individually and collectively affect trade in goods, trade
in services and trade-related aspects of intellectual property rights.
6. In respect of goods, the coercive attempts at economic isolation entail acts and/or omissions
through which the UAE 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 destined for Qatar.
7. In respect of services, the coercive attempts at economic isolation entail acts and/or
omissions through which the UAE bans or otherwise restricts Qatari nationals from travelling to
and remaining in the UAE in order to provide services, as well as bans or other restrictions on the
provision of services by Qatari service suppliers established in the UAE. They include bans or other
restrictions on the supply of (digital and other) services from Qatar to consumers of the UAE as
well as prohibitions or restrictions on nationals of the UAE to travel to and remain in Qatar in order
to consume Qatari services.

8. In respect of trade-related aspects of intellectual property rights , the coercive attempts at
economic isolation entail interference with intellectual pro perty rights enjoyed by nationals of
Qatar. Specifically, these measures include prohibitions or restrictions on displaying and accessing
television content over which Qatari nationals hold copyrights and related broadcasting rights.
They also include ac ts or omissions that limit or make it impossible for Qatari nationals to access
civil judicial procedures, or to seek remedies, in respect of infringement of intellectual property
rights owned by, or licensed to, them. Additionally, these measures include omissions to prosecute
as a criminal violation commercial scale piracy of materials in which copyrights are owned by, or
licensed to, Qatari nationals.
9. 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) the UAE's (a) closure of its maritime borders with Qatar and its land borders for
Qatari individuals; and (b) prohibitions or restrictions on Qatari aircraft from
accessing its airspace;
(ii) the UAE's prohibitions or restrictions on entry into its ports of ( a) ships owned by
Qatar, Qatari individuals or Qatari companies ; and ( b) ships bearing the Qatari
flag;
(iii) the UAE's prohibitions or restrictions on the discharge and/or loading in UAE ports
of any goods shipped from Qatar;
(iv) the UAE's prohibitions or restrictions on the discharge and/or loading in UAE ports
of any goods destined for Qatar;
(v) the UAE's prohibitions or restrictions on flights to and from the UAE operated by
aircraft registered in Qatar; including the prohibition on aircraft registered in Qatar
landing at airports in the UAE;
(vi) the UAE's closure of Qatari service suppliers ' offices in the UAE and/or refusal to
renew Qatari service suppliers' licenses to provide services in the UAE;
(vii) the UAE's blocking of access to Qatari service suppliers' websites in the UAE;
(viii) the UAE's removal of Qatari service suppliers ' audio-visual channels from tourist
facilities in the Emirate of Abu Dhabi and in the Emirate of Sharjah;
(ix) the UAE's prohibitions or restrictions on the broadcasting and distribution of Qatari
service suppliers ' media content in commercial establishments , and operation of
Qatari service suppliers in the media sector, in the Emirate of Abu Dhabi;
(x) the UAE's unilateral suspension of the handling of international mail items and
parcels originating from or designated to Qatar Postal Services Company; and,
(xi) the UAE's omission to publish certain measures of general application imposing the
coercive attempts at economic isolation described in the paragraphs above.
(xii) the UAE's acts and omissions that make it impossible, or unduly difficult, for Qatari
nationals to access civil judicial remedies, or to seek remedies, in respect of
enforcement of intellectual prope rty rights, including copyrights, broadcasting
rights, trademarks and other forms of intellectual property rights;
(xiii) the UAE's omission to prosecute, as a criminal violation, piracy on a commercial
scale, of material in which copyright is owned by, or licensed to, Qatari nationals.
B. Legal bases of the complaint
10. Qatar considers that the measures at issue taken by the UAE, as described in Section A of
this request, are inconsistent with the UAE's obligations under the WTO covered agreements.

11. First, certain of the measures at issue contravene provisions of the GATT 1994. Specifically,
certain measures violate:
(a) Article I:1 of the GATT 1994, because, through the:

- land and maritime border and airspace closure by the UAE;

- prohibitions or restrictions on entry into UAE ports of (i) ships owned by Qatar,
Qatari individuals or Qatari companies; and (ii) ships bearing the Qatari flag;

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

- prohibitions or restrictions on the d ischarge and/or loading in UAE ports and
airports of any goods transported from Qatar; and,

- prohibitions or restrictions on the discharge and/or loading in UAE ports and
airports of any goods destined for Qatar;

the UAE fails to accord immediately and unconditionally to like products originating
in, or destined for, Qatar relevant advantages, favours, privileges or immunities
that are granted by the UAE to products originating in, or destined for, other
countries;

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

- land and maritime border and airspace closure by the UAE;

- prohibitions or restrictions on entry into UAE ports of (i) ships owned by Qatar,
Qatari individuals or Qatari companies; or (ii) ships bearing the Qatari flag;

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

- prohibitions or restrictions on the discharge in UAE ports and airports of any
goods transported from Qatar;

- prohibitions or restrictions on the loading in UAE ports and airports of any
goods destined for Qatar,

the UAE denies freedom of transit through the territory of the UAE, 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 and/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, by:

- failing to publish measures that entail requirements, restrictions or prohibitions
on imports and exports from Qatar or that affect the sale, distribution,
transportation or use of such imports and exports; and,

- enforcing such measures prior to publication,

the UAE fails to comply with the obligations under these provisions;

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

- land and maritime border and airspace closure by the UAE;

- prohibitions or restrictions on entry into UAE ports of goods from Qatar shipped
by (i) ships owned by Qatar, Qatari individuals or Qatari companies, or (ii)
ships bearing the Qatari flag;

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

- prohibitions or restrictions on the discharge in UAE ports and airports of any
goods transported from Qatar; and,

- prohibition or restrictions on the loading in UAE ports and airports of any
goods destined for Qatar,

the UAE institutes or maintains prohibitions or restrictions, other than duties, taxes
or other charges, on the importation of products of the territory of Qatar, and on
exportation of products to the territory of Qatar; and

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

- land and maritime border and airspace closure by the UAE;

- prohibitions or restricti ons on entry into UAE ports of (i) all ships owned by
Qatar, Qatari individuals or Qatari companies; or (ii) ships bearing the Qatari
flag;

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

- prohibition and restriction on the discharg e in UAE ports and airports of any
goods transported from Qatar; and,

- prohibition and restriction on the loading in UAE ports and airports of any
goods destined for Qatar,

the UAE applies prohibitions or 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.

12. In addition to, and independently of, the multiple violations 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
13. application of the measures identified above, within the meaning of Article XXIII:1(b) of the
GATT 1994.
14. Second, certain of the measures at issue contravene provisions of the GATS. Specifically,
certain measures violate:
(f) Article II:1 of the GATS, because, by:

- prohibiting or restricting (i) Qatari persons, vessels, vehicles, and aircraft from
crossing maritime borders with the UAE, or entering the UAE via land or
airspace; and (ii) persons from the UAE crossing maritime borders with Qatar,
or entering Qatar via airspace or land, which prevents Qatari service suppliers
from supplying services;

- prohibiting or restricting (i) ships owned by Qatar, Qatari individuals, or Qatari
companies; and (ii) ships bearing the Qatari flag, from entering UAE ports,
which prevents Qatari service suppliers from supplying services;

- prohibiting or restricting the discharg e in UAE ports of any goods transported
from Qatar, which prevents Qatari service suppliers from supplying services;

- prohibiting or restricting the loading in UAE ports of any goods destined for
Qatar, which prevents Qatari service suppliers from supplying services;

- prohibiting or restricting aircraft registered in Qatar from operating flights to
and from the UAE, including prohibiting landing (and discharging) of Qatari
aircraft at airports in the UAE, which prevents Qatari service suppliers from
supplying services;

- prohibiting or restricting Qatari service suppliers from providing services from
their office(s) in the UAE;

- prohibiting or restricting Qatari service suppliers from obtaining and/or
renewing a license to provide services in the UAE;

- prohibiting or restricting Qatari service suppliers from providing services in the
UAE and/or to persons from the UAE through their website;

- prohibiting or restricting Qatari service suppliers from providing services, such
as audio-visual services, in parts of the UAE, such as in tourist facilities and
commercial establishments, and/or to persons from the UAE; and,

- prohibiting or restricting Qatari service suppliers, such as Qatar Postal Services
Company, from providing services in relation to mail items that are originating
from or designated to Qata
the UAE fails to accord immediately and unconditionally to Qatari services and/or
service suppliers, in a variety of services sectors and through multiple modes of
supply, treatment no less favourable than that it accords to like services and/or
service suppliers of any other country;1

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

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

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

the UAE violates the transparency obligations enshrined in Article III:1 to
Article III:3 of the GATS; and

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

- banning or restricting (i) Qatari persons, vessels, vehicles, and aircraft from
crossing maritime borders wit h the UAE, or entering the UAE via land or
airspace; and (ii) persons from the UAE crossing maritime borders with Qatar,
or entering Qatar via land or airspace, which prevents Qatari service suppliers
from supplying services;

- banning or restricting (i) all ships owned by Qatar, Qatari individuals or Qatari
companies; and (ii) all ships bearing the Qatari flag, from entering UAE ports,
which prevents Qatari service suppliers from supplying services;

- banning or restricting aircraft registered in Qatar from operating flights to and
from the UAE, including prohibiting landing (and discharging) of Qatari aircraft
at airports in the UAE, which prevents Qatari service suppliers from supplying
services; and,

1 The UAE does not appear to have scheduled relevant exemptions in the sense of Article II:2 of the
GATS. See GATS/EL/121, 2 April 1996, United Arab Emirates, Final List of Article II (MFN) Exemptions, p. 1.

- banning or restricting 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,

the UAE unduly restricts 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 the UAE's schedule of
specific commitments.

15. The UAE thus fails to carry out its obligations and/or specific commitments under the GATS
within the meaning of Article XXIII:1 of the GATS.
16. In addition to, and independently of, the multiple violations of obligations under the GATS
identified above, the measures nullify or impair benefits that Qatar could reasonably have
expected to accrue to it under the UAE's specific commitments under the GATS within the meaning
of Article XXIII:3 of the GATS.
17. Third, certain measures contravene provisions of the TRIPS Agreement. Specifically, certain
measures violate:
(i) Article 3.1 of the TRIPS Agreement, because, by:

- making it impossible for Qatari owners of, and licensees to, copyrights,
broadcasting rights, trademarks and other forms of intellectual property to
enforce their intellectual property rights against licensees, sub -licensees and
third parties; and

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

the UAE fails to accord to the nationals of Qatar treatment no less favourable than
that which the UAE 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 Qatari owners of, and licensees to, copyrights,
broadcasting rights, trademarks and other forms of intellectual property to
enforce their intellectual property rights against licensees, sub -licensees and
third parties; and,

- otherwise making it impossible for Qatari owners of c opyrights, broadcasting
rights, trademarks and other forms of intellectual property, and their licensees,
to use those intellectual property rights in the territory of the UAE,

the UAE fails to accord, immediately and unconditionally, to the nationals of Qatar,
advantages, favours, privileges and immunities granted by the UAE to the
nationals of other countries with regard to the protection of intellectual property;

(k) Article 41.1 of the TRIPS Agreement, because, by:

- making it impossible for Qatari owners of, and licensees to, copyrights,
broadcasting rights, trademarks and other forms of intellectual property to
enforce their intellectual property rights against licensees, sub -licensees and
third parties,

the UAE fails to ensure that enforcement procedure s as specified in Part III of the
TRIPS Agreement are available under its law so as to permit effective action
against any act of infringement of intellectual property rights owned by, or licensed
to, Qatari nationals, including expeditious remedies to pre vent infringements and
remedies which constitute a deterrent to further infringements;

(l) Article 42 of the TRIPS Agreement, because, by:

- making it impossible for Qatari owners of, and licensees to, copyrights,
broadcasting rights, trademarks and other form s of intellectual property to
enforce their intellectual property rights against licensees, sub -licensees and
third parties,

the UAE fails to make available to right holders of Qatari nationality, civil judicial
procedures concerning the enforcement of in tellectual property right covered by
the TRIPS Agreement; and,

(m) Article 61 of the TRIPS Agreement, because the UAE fails to provide for criminal
procedures and penalties to be applied in cases of copyright piracy on a
commercial scale, where the copyrights are owned by, or licensed to, Qatari
nationals.

18. This request for establishment of a panel also concerns any modification, replacement or
amendment to the measures identified above, and any closely connected, subsequent measures.
19. Qatar asks that this request be placed on the agenda for the meeting of the DSB scheduled
to take place on 24 October 2017.