7th Working Party meeting on Yemen's Accession to the WTO

UNCLAS USTR GENEVA 000012 SIPDIS SENSITIVE DEPT PASS USTR FOR RHODE E.O. 12958: N/A TAGS: ETRD ECON WTRO YM SUBJECT: 7th Working Party meeting on Yemen's Accession to the WTO held January 26, 2010 Summary: On January 26, 2010, the WTO held its 7th Working Party meeting on the accession of Yemen to the WTO. Members of the Working Party supported Yemen's efforts to join the WTO, with many delegations calling for accession as soon as possible and urged Members to show Yemen appropriate flexibilities in their demands because of Yemen's status as an Least-Developed Country (LDC). Yemen's Minister of Industry and Trade, Dr. Yahya Y. Al-Mutwakel attended the meeting and described Yemen's efforts to meet Members' requests. Notable interventions included concerns about Yemen's current trade regime in trading rights, import prohibitions and licensing, import fees, and implementation plans for WTO Agreements. The Chair of the Working Party, Mr. Hartmut Roeben (Germany),urged expeditious work to try and finish this accession in 2010, and would try and schedule another Working Party meeting before the August 2010 summer break. The Chair requested that additional questions be presented to the Secretariat by February 26, 2010. Subsquent meetings were held between the United States and the Yemeni delegation, as well as with the Chair, to discuss ways forward on both the bilateral market access requests and the multilateral requirements. End Summary. ¶1. The WTO Working Party on Yemen's accession met for its 7th session on January 26, 2010, chaired by Mr. Hartmut Roeben. Yemen's Minister of Industry and Trade, Dr. Yahya Y. Al-Mutwakel provided an opening statement on Yemen's efforts to accede to the WTO. He urged negotiating partners to show understanding and flexibilities of Yemen's exceptional needs and circumstances, and reiterated his government's desire to conclude the accession process this year. Minister Al-Mutwakel noted that on the bilateral front, Yemen had concluded negotiations with Australia, China, the EU, and quite recently with Canada. Additional negotiations were underway with the United States, Korea, Japan, Ukraine and Honduras. Revised bilateral goods and services offers have been recently submitted to its negotiating partners. On the multilateral front, Minister Al-Mutwakel highlighted that Action Plans had been submitted for a number of areas that showed where things stand on the legislative front. Notably, the Minister stated that Yemen is committed to meet WTO related rules from the date of accession on issues related to import licensing procedures and rules of origin. On areas such as TBT, SPS, and TRIPS, the Minister said Yemen is committed to implement these agreements by the end of 2014, and 2015 for Customs Valuation. Yemen, as of January 2010, became a full-fledged Member in the Gulf Standardization Organization. ¶2. After the opening statement by Minister Al-Mutwakel, the floor was open for delegations to make interventions. Zambia, on behalf of the LDC group, Egypt on behalf of the Arab Group, Members Bangledesh, China, Nigeria, Nepal, India, Jordan, Kuwait, Nigeria, Turkey, Tunisia, and Morocco, and observers Lebanon, Sudan, and Algeria made similar interventions: Members in negotiations with Yemen should show flexibilities for an LDC; restrain their demands on implementation of WTO Agreements ; show less ambition in their market access requests; and complete the accession process by year end. A number of these delegations also cited the 2002 Declaration on LDC accessions that calls for special and differential treatment of acceding LDCs and encouraged WTO Members to expedite their negotiations bearing this in mind. Some delegations (Turkey, Bangledesh, Zambia) noted that the 7th Working Party meeting was the highest number of such meetings for an LDC (somewhat misleading, as other LDCs, e.g., Samoa, have had as many meetings, but informally). Australia noted its conclusion of its bilateral negotiations and urged other Members to conclude as soon as possible. Canada announced it had recently concluded its bilateral market access negotiations on goods and services, and will continue to review the multilateral issues addressed in the draft Working Party report. The EU reported that it had concluded bilateral negotiations in May 2009. It fully supported Yemen's accession. ¶3. The United States delegation stated that we appreciated the efforts of Yemen to respond to our questions, as well as provide new and revised action plans and notifications, and to agree to requested commitment language in a number of areas in the Draft Working Party Report. The US noted continuing questions about Yemen's ability to implement WTO obligations concerning trading rights, customs valuation, quantitative restrictions, technical clearances and permits (import licensing),and fees for services rendered. The US recognized the status of Yemen as an LDC and said it would continue to use the 2002 Declaration on LDC Accessions as a basis for its approach to participation in Yemen's WTO accession process. The US delegation noted that significant inter-sessional work had occurred via e-mail, DVCs, bilateral meetings, and phone conferences since the last Working Party meeting, and that progress was being made. Japan said it hoped to conclude its bilateral by end of summer. Ukraine supports Yemen's accession, and would keep up the constructive dialogue. REVIEW OF THE DRAFT WORKING PARTY REPORT ¶4. After the many opening interventions (18 Members and 3 Observers),the Chair turned to a review of the draft Working Party Report. The United States, and to a lesser degree the EU, Canada, and Australia were the only active participants in the review. The United States and others had submitted questions in advance of the meeting, and Yemen explained that they were reviewing these questions and would provide written responses as quickly as possible. The US noted that it was still reviewing the new draft Investment Law and it intended to provide comments in writing to Yemen. The following issues were reviewed: TRADING RIGHTS ¶5. It remains unclear that Yemen will allow foreign natural or legal persons to be the importer of record in Yemen. The EU delegation confirmed that it was willing to accept the commitment language agreed to by Yemen in the draft Working Party Report but could not accept a transition period for establishing trading rights. [Note: the EU reiterated this point in a subsequent meeting held by the Chair with delegations from the EU, US and Yemen.] Canada also sought clarification on why Yemen had requested a transition in its commitment on trading rights. The US agreed, and also requested additional information on the draft system of registration of importers of record as Yemen proceeds in this area. ¶6. The US and EU had additional concerns about certain requirements that only Yemeni nationals could be granted the technical clearance needed to import medicines, medical equipment, fertilizers, pesticides, books, newspapers, audiovisual and other artistic literary works, and requested that the Trading Rights Action Plan be updated to include information on these technical clearance requirements. FEES AND CHARGES ON IMPORTS ¶7. Yemen applies a number of fees and charges to imports, ostensibly for customs processing or other import services, which are not actually related to the cost of the services provided. While Yemen is, in theory, prepared to revise its trade regime in this area, we still have no indication of how, or to what extent, this will actually be done. The US, supported by the EU, requested additional information on these fees and charges for services rendered, in particular in areas where Yemen did not believe it could implement by the date of accession. The EU found some of the requests for transition periods difficult to accept, and asked that the commitment in the Draft Working Party Report be amended to reflect the changes Yemen was prepared to make to its fees and charges related to not only exports but also imports, and also to include commitments concerning Article X of the GATT 1994 as well as Article VIII. Yemen reiterated that it would need a transition to change or eliminate these fees. OTHER IMPORT REGULATIONS ¶8. The US raised concerns about some of the quantitative import restrictions, including prohibitions, quotas and licensing systems, and requested that Yemen remove all bans and restrictions on the products listed in paragraph 88 of the Draft Working Party Report. The EU, Australia and Canada also raised concerns about some of the seasonal restrictions, noting that the WTO recommended that the least restrictive measures still effective should be used. Yemen commented that it was committed to eliminating these bans upon accession, and Australia wanted that reflected in the Report. ¶9. Canada and the US requested Yemen provide the Working Party with a copy of its draft Customs Law, with emphasis on customs valuation. The U.S sought clarification that compliance with the Agreement on Rules of Origin would begin by the time of accession and asked whether there are certain rules for non-preferential trade. Yemen explained that the practice described in paragraph 110 of the Report (rules of origin for non-preferential trade) would not be continued after accession; there are no rules of origin for non-preferential trade. ¶10. In response to questions from the US and EU, Yemen said that it would provide a copy of its laws pertaining to Anti-dumping to the WTO Secretariat and more information to the Working Party on export customs tariffs, fees and charges, which are currently under review. TBT AND SPS ¶11. In the area of internal policies affecting foreign trade in goods (Technical Barriers to Trade and Sanitary and Phytosanitary Measures),the US had extensive technical questions that Yemen was still reviewing and not prepared to discuss at the Working Party meeting. The US delegation highlighted for the Working Party some of the main concerns and requests for additional information. In particular, it requested more information on the status of conformity certificates issued by YSMO, and further information on various practices for accreditation and conformity assessment. The US also wanted an update on developing legislation that takes into account systems equivalence for food safety and regional characteristics for existing animal or plant health. (Comment: Prior to the next meeting, it will be necessary to closely review Yemen's action plans in the areas of TBT and SPS, particularly if draft legislation is not yet available. End Comment) AGRICULTURE ¶12. The US also requested more information related to Yemen's domestic agricultural support policies and on Yemen's internal policies on food security and strategies for poverty reduction. The EU agreed that there was a need for further review of Yemen's data tables on agricultural supports and subsidies. Australia noted that Article 9.4 of the Agreement on Agriculture, granting developing countries the right to subsidize their agricultural exports, had expired. TRIPS and Services ¶13. In the areas of Intellectual Property Rights, the US stated that it was reviewing the new draft legislation provided by Yemen the week prior to the Working Party meeting related to copyright, trademarks, industrial design and GIs, and patents. On Trademarks, the US asked Yemen if, in response to one of the questions posed by Members, it was asserting that the owner of a trademark in Yemen whose rights were acquired prior to the date a GI was afforded protection in Yemen was able to oppose, cancel, or have its trademark be the basis for a refusal of that subsequent GI. Yemen said yes, through a court proceeding. On Transparency, the US requested that language in the draft Report paragraph 244 "whenever possible" be deleted. Yemen suggested the language be changed to "as applicable." The EU noted the need for Yemen to update the information on Trade in Services contained in the draft Working Party Report, presumably to match the commitments Yemen had made in its services negotiations with the EU. CONCLUSION AND NEXT STEPS ¶14. In his concluding remarks, the Chair acknowledged that there was still substantive work that needed to be done. He requested that Working Party Members submit additional questions and comments in writing on the Draft Working Party Report by February 26, 2010, as well as any drafting suggestions for the Draft Working Party Report. He noted that Yemen still owed the Working Party Members draft legislation, updates to the Action Plans, and answers to a number of technical questions. He indicated a preference to having another Working Party meeting before the summer 2010 break, possibly in July 2010. He promised that a revised Working Party Report would be circulated "well in advance" of the proposed meeting. He also noted the need for technical assistance that might be necessary to assist Yemen in some of these areas. The Chair underscored his points about moving this process forward by noting the need to take into consideration the 2002 LDC guidelines. Members should work with Yemen to reduce differences on the scope of requested transitions and intensify work to conclude market access bilateral work. Minister Al-Mutawakel thanked the Working Party Members for their supporting statements and assured the Working Party that Yemen was doing its utmost to provide the necessary legislation and other documentation requested. He emphasized that Yemen wanted to continue work in the coming months and, with necessary good will and flexibility from Working Party Members, hoped to conclude bilateral market access negotiations before the summer break. CHAIR'S CONSULTATIONS ¶15. After the Working Party meeting, the Chairman met with the delegations of the EU, US and Yemen to consider what steps were needed to move forward and prospects for another Working Party meeting in the summer. The EU and US both flagged major areas of the Working Party Report that needed more information and Yemeni commitments, e.g., in trading rights, import bans, and fees and charges, as well as finalization of the action plans for WTO implementation. The timing of another Working Party would depend on Yemen's provision of responses to the questions and comments submitted by Working Party Members, and the speed with which these materials could be incorporated into a nearly complete draft Working Party Report. The US pointed out that you have to calculate work deadlines moving backwards from the selected meeting date to accurately predict what will be required from all concerned to get to that point. Much of this will depend on the Yemeni legislative process and how quickly important, required legislation can be pushed through that process. Yemen mentioned the TIFA process with the US as a possible venue to pursue further market access negotiations and resolution of outstanding issues. US delegation deferred on that question until it could consult with Washington. EU suggested that the Chair could call a smaller group together prior to July to address some of the technical issues and take stock of progress. Since Yemen's data on agricultural supports had never had a technical review, the idea also was floated to hold a plurilateral meeting on agricultural supports to examin the Yemeni tables. The US noted that the Cairns group usually called for such a plurilateral on the margins of Working Party meetings. Yemen repeated its request for flexibilities, including in the area of trading rights, and hoped for agreement at the next meeting on requested transition periods. EU repeated its strong position that it would be impossible for transitions on trading rights; it's a systemic issue according to the EU delegate. Yemen confirmed that WTO accession remained a national priority notwithstanding current political problems and that it is willing to do what it takes to complete the accession process. The Chair said he would keep in touch with delegations on progress toward another Working Party. BILATERAL MEETINGS ¶16. On January 27, 2010, Minister Al-Mutawakel met with WTO Charge d'affaires, David Shark. Many of the same issues were raised at this meeting. The US could not commit to a set timeframe for another Working Party meeting until we saw progress in the rules negotiations, and this depended on the continued dialogue. The US would convey back to Washington the desire to use the next TIFA meeting as a possible opportunity also to hold bilateral meetings to review some of the technical issues, as well as remaining market access concerns. Yemen recalled that the United States had played a constructive role in negotiating transition periods for Cape Verde in its accession package. Yemen reiterated its desire to see transitions in trading rights. We emphasized that transition periods are an option for LDC accessions but that the acceding country must make the case for them. They would need to explain to Members why such a transition is needed and for how long, and importantly, they would need to set out a plan to come into compliance by the end of the transition period. Generally, Charge conveyed the sense that we believed Yemen was making progress in addressing Members' concerns. Continued dialogue would determine the speed with which this accession would conclude. ¶17. On January 28, 2010, the US delegation held a bilateral market access meeting with the Yemen delegation to review the new offer on services. The US was still reviewing Yemen's goods offer. The US had provided comments on Yemen's latest services offer (November 2009). Yemen explained it would have difficulties meeting the US request in the areas of Audio Visual,; Accounting; Architectural, Engineering, Integrated Engineering, and Urban planning; Telecommunications; Distribution; and Insurance and Banking (subsidiaries) services. Yemen made positive moves in the area of mode 4 (movement of persons); possibly Courier; Educational; and Banking (securities) services. The US thanked Yemen for its technical clarifications on telecommunications and environmental services. The main concern that Yemen had in meeting some of the US request had to do with regulatory capacity. It is concerned that without the adequate regulatory framework in place, it would be hard to open up certain sectors (accounting and financial services were two examples). As for a new offer, Yemen would like to work through the remaining issues bilaterally before providing a revised offer in writing. SHARK