| Attached File Name: |
wtaccspecSAU7.doc
1394H (20 March 1974)
- Technical Barriers to Trade
Saudi Arabian Standards Organization (SASO) Technical Directive, Parts 1 through 4, issued 18 July 2000, as amended on 24 May 2004, and as further amended on 18 June and 19 July 2005
Lists of SASO standards based on CODEX, ISO, IEC and OIML standards; list of Saudi standards and their corresponding Gulf standards; list of the 2,338 Saudi standards, including a cross-reference to the international standards adopted in their entirety as SASO standards (WT/ACC/SAU/59/Add. 5)
List of standards deemed to be equivalent to Saudi standards, WT/ACC/SAU/15
SASO standards, adopted as GCC Standards and thereby incorporated as national standards in other GCC Countries, WT/ACC/SAU/29 (Annex III)
Procedures for the development of SASO standards, WT/ACC/SAU/29 (Annex IV)
Comprehensive Guidelines and Procedures concerning the International Conformity Certification Program (ICCP), WT/ACC/SAU/37 and /45
Appeals Procedures, included as an Appendix to the ICCP Guidelines
- Preshipment Inspection
Council of Ministers Decision No. These included diversification of the economy, particularly through laying more emphasis on industry and agriculture, and developing mineral resources; improvement of living standards and quality of life; achievement of balanced growth throughout all regions of the Kingdom; strengthening the role of the private sector, through encouraging its participation in various socio-economic development projects; achievement of social and economic integration among Gulf Cooperation Council (GCC) countries; and supporting economic cooperation with other countries. Corporate tax was payable by non-Saudi corporations operating inside Saudi Arabia or both inside and outside of Saudi Arabia at the same time, as described above, based on: (i) the total share of foreign partners in the net profits of Saudi corporations (limited liability companies and joint-stock companies); and (ii) the total shares of foreign partners in the net profit of Saudi partnerships. 15, which set out a detailed formula for ensuring that domestic NGL prices are based on international market prices, adjusted for the following cost-based and other commercial considerations:
- Cost savings in infrastructure – exporting NGLs requires large investments in and maintenance of refrigeration, storage and terminal facilities. The Council of Ministers had approved the privatisation of 20 state-owned utilities, economic activities and services, on the basis of the definition of "privatisation" in Saudi Arabia's Privatisation Strategy approved by the Supreme Economic Council ("Privatisation is the process of transferring ownership or management of public enterprises, projects, and services to the private sector, relying on market mechanisms and competition, through a number of methods, including contracts for managing, operating, leasing, financing or selling all or part of the government's assets to the private sector"). He further noted that according to the Privatisation Strategy, the criteria for determining priorities in selecting enterprises to be privatised were based on the positive effect on the national economy, the readiness of the enterprise for privatisation, the social benefits of privatizing the enterprise, the inadequacies of the services provided by the public enterprises, and the absorptive capacity of the capital market. STC had transformed itself, in a relatively short time, into one of the most technically advanced telecommunication companies in the Middle East region, offering a comprehensive range of services and products that matched other major international telecommunication companies. The company’s operations and functions include:
ownership development of lands;
construction of residential and commercial properties for sale or rent;
management of real estate owned by the company or others;
purchase and/or production of building materials and equipment for sale or rent. 1386H (13 May 1966) named the Minister of Transport as the Chairman of the Board of Directors of SRO, and stipulated the structure of the Board of Directors to be composed of, predominantly, senior representatives of various Saudi Arabian Ministries. It was also the parent Ministry of the Department of Customs (which was charged with the responsibility of implementing the Customs Law and the Customs Tariff of Saudi Arabia), Department of Zakat and Income Tax, Saudi Arabian Agricultural Bank, Saudi Industrial Development Fund, Real Estate Development Fund and Public Investment Fund. In addition to having Saudi nationality, the requirements for approval as a commercial agent under the above measures were: (i) a commercial registration certificate giving commercial agency as one of the applicant's business activities; (ii) a certificate from the Chamber of Commerce confirming that the applicant had paid his Chamber of Commerce subscriptions; and (iii) the submission of an application form and supporting documentation to the Ministry of Commerce and Industry, including a copy and a certified Arabic translation of the commercial agency or distribution contract which complied with the conditions set out in the law. In response to a question from a member of the Working Party, the representative noted that, for a transition period of three years, from the date of issuance of the Royal Decree, these items would not be aligned in the GCC external tariff; they would be aligned after this period, per the agreement reached by the GCC member states. Additional charges were applied to cover the variable costs of the private company operating the port;
Projects were awarded based on bidding and given to the party who offered the highest percentage for the government’s share;
All Saudi companies which had, or which had partners that had, experience in the field were allowed to bid;
To widen the private sector’s participation and provide competition, the operator was not allowed to participate in more than one contract at the same port;
The operator was required to invest in new equipment, which becomes port property at the end of the contract; and
The operator would market the port services to attract maritime trade.
The representative of Saudi Arabia confirmed that, in addition to the Ministry of Agriculture and the Ministry of Commerce and Industry, the Ministry of Health, Ministry of Information and Culture, Ministry of Interior, and Ministry of Petroleum and Mineral Resources, the Ministry of Education (Department of Museums and Archaeology), the Communications and Information Technology Commission (CITC), the National Commission for Wild Life Conservation and Development (NCWCD) and the Chivalry Club all had responsibilities concerning the approval of import licenses. That member also requested additional information on application of the registration process to both importers and domestic manufacturers -- in particular, whether domestically produced products must meet fewer requirements or if the registration process took less time and whether the government applied any prohibitions or limitations on importation of pharmaceuticals if domestically produced products were on the market. Therapeutic Medicines Used in Animal Feed - There were two types of restrictions, which Saudi Arabia confirmed it would apply in the least trade-restrictive manner: (a) a ban on certain antibiotics due to their side effects on human health according to recommendations of the WHO and the Copenhagen Forum (September 1998), which applied to virginiamyacin, zinc bacitracin, spiramycin and tylosin phosphate, and enrofloxacin and its use in poultry; and (b) a quantitative restriction designed to preclude importation of huge quantities of therapeutic drugs for use as feed additives, which created the risk that the drug no longer would be efficacious for its primary purpose as an antibiotic. In response to the questions and concerns of Working Party members regarding the consistency of the GCC Common Customs Law and Rules of Interpretation with WTO provisions, the representative of Saudi Arabia stated that the deficiencies with reference to Articles 1, 2, 6-8 and 1115 of the Customs Valuation Agreement pointed out in the previous paragraph had been taken care of in Ministerial Decision No. ) Concerning the point raised on Article 11 of the Customs Valuation Agreement "that it did not appear that provision had been made either in the GCC Law or the Rules of Implementation for the right of appeal, without penalty to a judicial authority or for written notice of the decision on appeal", the representative of Saudi Arabia noted that this issue has been clarified in Ministerial Decision No. The representative of Saudi Arabia confirmed that from the date of accession Saudi Arabia would ensure that its laws, regulations and requirements relating to the right to export and all fees, charges or taxes levied on such rights would be in full conformity with its WTO obligations, including Articles VIII:1(a), XI:1 and III:2 and 4 of the GATT 1994 and that it would also implement such laws and regulations in full conformity with these obligations. Saudi mandatory standards (technical regulations) and Saudi Arabia's International Conformity Certification Programme (ICCP) in documents WT/ACC/SAU/15, 16, 21, 26, 29, 34, 36 and 37 (Revised Comprehensive Procedures and Guidelines concerning the ICCP); 41 (Action Plan for the Implementation of the TBT Agreement); 45 (ICCP); 48 (Communication on the SASO Technical Directive); and 52 (Communication on the ICCP). The Ministry of Commerce and Industry is responsible for monitoring and administering the application of the revised standards and will also be responsible for resolving any discrepancies or disputes involving the application of standards.
The representative of Saudi Arabia stated that Saudi standards covered sanitary and phytosanitary measures by means of at least one of the following:
Measures following the standards and guidelines and recommendations of the Codex Alimentarius Commission, the World Organization for Animal Health (OIE), and the International Plant Protection Convention. In reply to questions from some Working Party members, the representative of Saudi Arabia stated that the new SPS law also incorporated revisions of the "Agricultural Quarantine Regulations" and the "Statutory Instruments of Veterinary Quarantine", ensuring conformity with the requirements of the SPS Agreement. In cases where Saudi Arabia decided that measures which provide a level of protection higher than that provided for in guidelines and recommendations issued by internationally recognized bodies are necessary to meet its appropriate level of protection, application of such measures would be based on scientific principles; only to the extent necessary to protect human, animal or plant life or health; and taking full account of the objectives of minimizing negative trade effects. In response to a question from a member of the Working Party, the representative of Saudi Arabia stated that the guarantee of the customs broker is necessary to ensure that the goods actually leave Saudi Arabia; there is no fee for the guarantee. GENERAL
The representative of Saudi Arabia confirmed that the policy objective in the area of intellectual property was to provide effective and adequate protection to all categories of intellectual property in conformity with the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). New Law on Patents:
Fees Patent Industrial
Designs Layout Designs of Integrated Circuits New Plants Varieties Registration application 800 300 1000 1000 Change or transfer of ownership 400 150 1000 1000 Amendment or addition to the application 200 100 500 200 Obtaining a copy of the application or certificate 100 100 100 100 Registration of licence contracts 800 300 1000 1000 Grant of compulsory license 8000 3000 5000 5000 Grant and publication 1000 350 1000 1000 Annual fees First year 500 300 1000 1000 Second year 1000 300 1500 1000 Third year 1500 600 2000 1500 Fourth year 2000 600 2500 1500 Fifth year 2500 900 3000 2000 Sixth year 3000 900 3500 2000 Seventh year 3500 1200 4000 2500 Eighth year 4000 1200 4500 2500 Ninth year 4500 1500 5000 3000 Tenth year 5000 1500 5500 3000 Eleventh year 5500 3500 Twelfth year 6000 3500 Thirteenth year 6500 4000 Fourteenth year 7000 4000 Fifteenth year 7500 4500 Sixteenth year 8000 4500 Seventeenth year 8500 5000 Eighteenth year 9000 5000 Nineteenth year 9500 5500 Twentieth year 10000 5500 Twenty-first year to twenty-fifth year (for protection of trees) 7000 - Fees are for establishments. Contractors were required to obtain the following services from local Saudi establishments: transportation services for goods and services within Saudi Arabia (if the contractor did not perform this service by itself directly with equipment owned by the business and with personnel directly employed by the business); banking services; services for the leasing and purchase of land and buildings; and catering services and supply of foodstuffs. 1424H (31 July 2003), to protect the insured’s rights by monitoring the financial health of the company and supervising the company’s activities and those engaged in insurance professions, to encourage fair and effective competition, to enhance the stability of the insurance market and to enhance the insurance sector in the Kingdom. The representative of Saudi Arabia stated that, according to Article 3(3) of the Cooperative Insurance Companies Control Law, the paid-up capital of the locally incorporated public joint-stock cooperative insurance company "shall" not be less than SAR 100,000,000 and the paid-up capital of a reinsurance company or an insurance company engaged in underwriting reinsurance activities for non-affiliated companies "shall" not be less than SAR 200,000,000. ]
ANNEXES
Annex A: List of Goods and Services Subject to Price and Profit Controls
Annex B: Comparison of the Provisions of the Old 1979 and the New 2000 Foreign Investment Laws
Annex C: Negative List
Annex D: Summary of the Provisions of the Capital Market Law
Annex E: List of Products Subject to Non-Automatic Import Licensing Requirements
Annex F: List of Banned Imports
Annex G: Seed Specifications
Annex H: List of Items Subject to Mandatory Certification
Annex I: List of Banned Exports
Annex J: List of Exports Subject to Authorization/Licensing
Annex K: List of Technical Committees
Annex L: List of SPS Measures Maintained by the Kingdom of Saudi Arabia
Annex A
List of Goods and Services Subject to Price and Profit Controls
Annex A-1: Goods Subject to Price Regulation
HS Classification Current Regulated Price Item No. Telecommunications services, except the following activities:
Mobile telephone services
Telex services (CPC 7523)
Telegraph services (CPC 7522)
Electronic data interchange (CPC 7523)
Enhanced/Value-Added facsimile services, including storing, forwarding and retrieving (CPC 7523)
VSAT services (CPC 75291)
Fax services (CPC 7529 and 7521)
GMPCS services (CPC 75299)
Internet Service Provider services (CPC 75299)
Electronic mail (CPC 7523)
Provision of online information and database retrieval (CPC 7523)
Information provision and online retrieval and/or processing, including transaction processing (CPC 843)
k. 31 02 30 00 Explosives, fireworks, gunpowder, propellent powders, prepared explosives, detonating fuses, percussion or detonating caps, igniters, electric detonators, safety fuses, sulphate turpentine oils; polymethyl methacrylate; cellulose nitrates; aluminium powders and flakes; magnesium powder and flakes
GATT Art. 01 06 19 40 Dogs, other than hunting dogs, guard dogs or guide dogs for the blind, accompanied with a certificate from a competent authority in the country of exportation duly qualified by the Saudi Arabian embassy stated therein that the dog to be admitted is a hunting dog, guard dog or guide dog for the blind, in addition to submitting to the veterinary quarantine GATT Art. state or province and city)
Purity percentage
Germination percentage
Vitality of the seeds
Inert matter percentage
Weed seeds (including number of seeds and varieties in a sample of 2 kg)
Barley seeds (include number of seeds in a sample of 2 kg wheat seeds)
Moisture percentage
The certificate must be from a national lab or an authorized government lab (including a state lab if the seeds are imported from the US). In addition, a shipment can be rejected if there is evidence of attack by any other seed transmission diseases where the number of attack seeds is at least 5 seeds/kg. II-04, II-41, II-43 Non professional stand-alone audio products (except radio receivers) 8518. 21 Vehicle spare parts (new), including radiators and hoses, brakes and parts, lights, filters, silencers and exhaust pipes, clutches and parts, child restraints, spark plugs, wiper blades and motors, safety belts, fuel tanks, mirrors, bumpers, door locks and hinges, tyre tubes, and v-belts, gauges, rims and steering rods. Description of product Nature of SPS Measure Justification WTO Members and non-Member Country(ies) 0101
0102
010410
010420 Live Equine Animals
Live Bovine Animals
Live Sheep
Live Goats
Banned because of Screw Worm
Article 5 of SPS Agreement
Panama 0102 Live Bovine Animals Banned because of BSE (Bovine Spongiform Encephalopathy) Article 5 of SPS Agreement Spain, South Africa (Northern Province and Mpumalanga, Northern Cape, North West and Kwazulu-Natal), China, India, Malaysia, Yemen, Iran, Iraq, Chinese Taipei, Pakistan, Turkey, Lebanon 0201 Live Bovine Animals Banned because of Render Pest Article 5 of SPS Agreement All African Countries (except South Africa), Pakistan, Iran, Afghanistan, Mongolia 0201
0202
02060200
02062100
02066200
02062900
15020010
16025010
16025090
16029010
16029021
16029029
16029030
16030010 All types of Bovine Meat and its Products Banned because of BSE (Bovine Spongiform Encephalopathy) Article 5 of SPS Agreement All EU countries, Switzerland, Japan, Canada 0201
0202
020602000
02062100
02066200
02062900
15020010
16025010
16025090
16029010
16029021
16029029
16029030
16030010 All types of Bovine Meat and its Products Banned because of Render Pest Article 5 of SPS Agreement All African Countries (except South Africa), Pakistan, Iran, Afghanistan, Mongolia 0201
0202
020602000
02062100
02066200
02062900
15020010
16025010
16025090
16029010
16029021
16029029
16029030
16030010 All types of Bovine Meat and Its Products Banned because of FMD (Foot and Mouth Disease) Article 5 of SPS Agreement All African Countries (except South Africa), All European Countries, China, Malaysia, Yemen, Iran, Iraq, Jordan, Chinese Taipei, Pakistan, Lebanon 0204
02068010
02068090
02069011
02069012
02069019
02069090 All types of Sheep and Goat Meat and Their Products Banned because of FMD (Foot and Mouth Disease) Article 5 of SPS Agreement All African Countries (except South Africa, Sudan, Ethiopia ), All European Countries, China, Malaysia, Yemen, Iran, Iraq, Jordan, Chinese Taipei, Lebanon 0207
0407 Poultry Meat and Its Products Banned because of Avian Influenza Article 5 of SPS Agreement USA, Canada, Japan, Korea, Vietnam, China, Thailand, Hong Kong China, Laos, Cambodia, Pakistan, Indonesia, Malaysia 0105 Live Birds Banned because of West Nile Fever Article 5 of SPS Agreement USA (the ban has been lifted on poultry, one-day chicks and hatching eggs) 0101
0105
01063100
01063200
01063910
01063920 Live Equine Animals
Live Birds
Banned because of West Nile Fever
Banned because of West Nile Fever
Article 5 of SPS Agreement
Article 5 of SPS Agreement Oman, Morocco, USA (New York only; only Horses)
Oman, Morocco 0105
01063100
01063200
01063910
01063920
04070011
Live Birds
Hatching Eggs Banned because of Avian Influenza Article 5 of SPS Agreement USA, Canada, Japan, Korea, Vietnam, China, Thailand, Hong Kong China, Laos, Cambodia, Chinese Taipei, Pakistan, Indonesia, Malaysia 0105
01063100
01063200
01063910
04070011 Live Birds
Hatching Eggs Banned because of ILT Article 5 of SPS Agreement Egypt, Syria, Lebanon 0207
0407
0408 Poultry Meat and Its Products
Eggs Banned due to Contamination with Nitrofin (Carcinogenic Herbicide) Article 5 of SPS Agreement Germany 0302
0303
0304
0306
0307 Fish (Fresh, Chilled, Frozen) Cholera - Related Article 5 of SPS Agreement Infected Areas (defined by WHO Circulation Report) 04029110
04029120
04029410
04031000
04039020
0404 Fresh Milk and Milk Products (Short Shelf Life) Cholera - Related Article 5 of SPS Agreement Infected Areas (defined by WHO Circulation Report) 07039000
07041000
07042000
07049000
07051100
07051900
07097000
07099050
077099060
07103000 Leafy Vegetables Cholera – Related Article 5 of SPS Agreement Infected Areas (defined by WHO Circulation Report) 08011100
08011900 Coconuts, fresh or dried, whether or not shelled or peeled Banned because of C. _______________
PROTOCOL
ON THE ACCESSION OF THE KINGDOM OF SAUDI ARABIA
Preamble
The World Trade Organization (hereinafter referred to as the "WTO"), pursuant to the approval of the General Council of the WTO accorded under Article XII of the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement"), and the Kingdom of Saudi Arabia,
Taking note of the Report of the Working Party on the Accession of the Kingdom of Saudi Arabia to the WTO Agreement reproduced in document WT/ACC/SPEC/SAU/7, dated 21 October 2005 (hereinafter referred to as the "Working Party Report"),
Having regard to the results of the negotiations on the accession of the Kingdom of Saudi Arabia to the WTO Agreement,
Agree as follows:
PART I - GENERAL
1.
|