RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/JOR/32
25 November 1999
(99-5103)
Working Party on the
Accession of JordanOriginal: English
ACCESSION OF JORDAN
Additional Questions and Replies
The Government of the Hashemite Kingdom of Jordan has submitted the following additional
replies to questions raised by Members, with the request that they be circulated to members of theWorking Party.
_______________WT/ACC/JOR/32
Page 2
Question 1.  
Jordan proposes that in the context of en acting laws, that the phrase "expected in
October/November 1999" be replaced with "expected during Parliament Ordinary SessionNovember 1999-February 2000."  We suggest that Jordan refine this global change, to indicate
with more precision which laws are likely to pass the October/November session.  We further
suggest that all IPR related laws, and those addressing customs and SPS/TBT issues be enacted
as soon as possible, along with any changes that do not require parliamentary action.
Answer:
The phrase "expected during Parliament Or dinary Session November 1999-February 2000"
was intended to provide the earliest and latest dates for approval by the Parliament, as it would be
inaccurate to predict the precise dates of Parliament approval within this period.
Please see the attached legal agenda dated November 1999.
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE
2. Economic Policies
(a) Main Directions
Pricing Policies
Question 2.  
Paragraphs 26-32 of WT/ACC/SPEC/JOR/7 provides information on current practices,
indicates that legislation eliminate price controls  applied exclusively to imported meats will be
adopted in October 1999, and indicates willingness to undertake a standard protocol
commitment.
Paragraph 30 should be altered to indicate that Jordan does not intend to liberalize any other
products under price control prior to accession.
Jordan should either (a) confirm in paragraph 30 th at the domestic price controls on seed wheat
and barley and wheat cover the same products as  the price controls on imported wheat and the
price cap on bagged and loose barley, or (b) ex plain how controls on imports not applied to
domestic goods is consistent with Article III of the GATT.
Answer:
Jordan agrees to alter Paragraph 30 as suggested above "Jordan does not intend to liberalize
any other products under price control prior to accession".
Jordan confirms that the domestic price control on barley seed covers the same products as
the price cap on imported bagged and loose barley.  That is ex1003.00.
Jordan confirms that the domestic price control on domestic wheat covers the same products
as imported wheat.  That is 1001.10 and ex1001.90.WT/ACC/JOR/32
Page 3
Price control exists only on domestic wheat seed (ex1001).  Therefore, this is consistent with
Article III of the GATT 1994.
Question 3.  
Paragraph 31:  Jordan suggests dropping "and services" from the statement.  Our questions,
which initially generated this text, included a request for information on price controls on
services.
We would appreciate information in this section on price controls on services in Jordan, and a
statement that indicated that all other prices  on services, except for those described, are
determined by market forces.
In addition, Jordan has not yet eliminated the discriminatory price controls on meats and
possibly other products.
We suggest that paragraph 31 should be amended as follows:31. The representative of Jordan confirmed that  prices for goods in every sector in Jordan
were determined freely by market forces wi th the exception of those listed in Table 1.
Current price controls on imported chilled meat listed in Table 1(b) had been eliminated
[date certain] in accordance with [name of legal measures] adopted by the Parliament.Price controls existed on the following services: [listed services with price or profitability
controls].  All other prices of services  were determined freely by the market.
Answer:
Jordan agrees to the proposed amendments to paragraph 31 as stated above.
Please substitute the brackets with the following additional information:
- [date certain] with "end of October 1999"
- [name of legal measures] with "Instructions on the Elimination of Price Cap on Imported
Meat"
- [listed services with price or profitability controls] with "state services (e.g. vehicle
inspection, passport fees), customs clearing agents services, public warehouses,  transport
services for passengers and goods, telecommunication services, professional medical services
offered by the Government, car liability insurance services, ticketing services by travel
agents.  Price cap existed for the following services: professional medical services, certainbanking services, money exchange services, commission on services rendered by securities
dealers, hotel room rates, internal tourism t our packages, tour packages with bed and meal,
meal prices at hotels, bed and breakfast rate for country's official guests, vegetables and fruits
auctioning services, and legal services"
Please replace in suggested paragraph 31 above "adopted by the Parliament" with "issued by
the Ministry of Industry and Trade"WT/ACC/JOR/32
Page 4
IV. POLICIES AFFECTING TRADE IN GOODS
Trading Rights
Question 4.  
We suggest that this section be subtitled (the right to import and export) .  We have discussed
alternative language for this section of the WP  report with Jordan, and propose the following:
Trading Rights (the right to import and export)
44. Some members requested Jordan to clarify the right of firms and individuals to trade,
i.e., to import and export goods, to understand better how Jordan's conditions
compared with the requirement of GATT Articles III:4 and XI.  Specifically, Jordan
was asked to outline the trading rights of (i) fully domestically-owned firms;  (ii) firms
with less than 50 per cent fore ign equity;  (iii) firms with more than 50 per cent foreign
equity;  and (iv) fully foreign-owned firms.   For each category, Jordan should also
indicate who would be entitled to register as Jordanian firms with the right to import
for own use (e.g. in manufacturing), import for further distribution, or export.  In reply,
the representative of Jordan provided a detailed report on the right to trade
(WT/ACC/JOR/25).  Regulations distinguished between trade for a commercial purpose
(further distribution and sale, including wholesale and retail) and non-commercialpurpose (own use).
46. Individuals, Jordanian or foreign, did not have the right to import or export for
commercial purposes.  However, a Jordanian natural person could register a "sole
proprietorship", an option which was not a vailable to foreigners wishing to engage in
commercial trade.  Foreign individuals could register as a sole proprietorship and
import for non-commercial purpose after obtaining a special import card.  Imports or
exports for non-commercial purposes (own use) could be effected by Jordanian
companies regardless of the level of foreign  equity, foreign companies registered in
Jordan, or domestic or foreign individuals. Imports for own use would be limited to
items relevant to attain the stated ob jectives of the entities concerned.
50bis A member expressed concern that since Jordan's regulations do not distinguish between
importing or exporting and providing services, such as distribution, after importation
those regulations could be considered a rest riction on imports and inconsistent with
Article XI of GATT 1994.  Moreover, application of an economic needs test in the
context of registering importers would have an adverse effect on the terms of
competition between imported and domestically produced goods.  The representative of
Jordan recognized the distinction drawn in the WTO between the right to import and
export under the GATT and the right, under the GATS, to provide services such as
distribution, and transportation, with respect  to imported goods.  Without prejudice to
Jordan's schedule of commitments on services, Jordan would modify the relevant laws,
regulations and requirements to permit foreign firms, including sole proprietorships to
register as importers without limitation on equity or application of an economic needs
test, including for branches of foreign firms permanently registered in Jordan.
51. Some members requested Jordan to provid e a WTO justification for the import card
rule, and considered the fine for importin g without a card disproportionate.  The
representative of Jordan replied that import  cards were used for identification and
statistical purposes, and that the fine was designed to ensure that importers complied
with the requirements.  Jordanian and foreign companies which had not been registeredWT/ACC/JOR/32
Page 5
as "engaging in trade activities" or "importing" could avoid the 5 per cent penalty on
imports for own use by requesting a special import card. [Natural persons did not have
the right to apply for special import cards ].  Imported personal effects were not affected
by the import card rule as these w ere cleared unconditionally by customs.
52. The representative of Jordan said that Jord an's requirements on the right to trade [did ]
would not in any way contradict Articles III, XI, and VIII of the GATT 1994. [However,
natural and legal persons were restricted, as described in paragraph [46], in their ability
to import for commercial purposes ]. The representative of Jordan confirmed that no
restrictions existed on the right of foreign and domestic individuals and enterprises to
import and export goods into Jordan's customs territory, except as provided for in
WTO Agreements.  He confirmed that individuals and firms were not restricted in theirability to import or export based on their registered scope of business and the criteria
for registration of companies in Jordan were generally applicable and published in the
official journal of Jordan.
53. The representative of Jordan confirmed that  from the date of accession Jordan would
ensure that its laws, regulation s, and requirements relating to the right to import and
export [trade in goods and services ] and all fees, charges or ta xes 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 GATT1994 and that it would also implement such laws and
regulations in full conformity with these obligations.  The Working Party took note ofthis commitment.
Answer:
Jordan agrees to the language provided above for paragraphs 44, 46, 50 bis, 51, 52, and 53.
Please replace "journal" with "gazette" in the last sentence of paragraph 52.
1. Import Regulation
Tariff quotas, tariff exemptions
Question 5.  
Jordan has reported that the percentage of exempt ed imports with respect to total imports has
declined from 60 per cent to 38 per cent, and should decline further as the current
arrangements with most but not all of the ten companies identified in WT/ACC/JOR/18 asreceiving such exemptions will expire.  The exemptions are granted to facilitate economic
development and are not tied to export performance or the use of domestic inputs.
Please specify the date that the concessions expi res for each firm listed in Table 2, e.g., for the
Phosphate Mining Company, the Arab Company for Manufacturing White Cement, and theArab Bridge Maritime Company.
We would like to see a protocol commitment for paragraph 60 bis noting that these exceptions
will expire and not be renewed, along the following lines:
60bis The representative of Jordan confirmed th at the exemptions on customs duties for
certain imports by the 10 companies listed in  Table 2 will expire as indicated in that
table, and will not be renewed.  The Working Party took note of this commitment.WT/ACC/JOR/32
Page 6
Answer:
The expiration date of concessions with rega rd to the Arab Bridge Maritime Company is
2035.
The customs exemptions provided for the Phosphate Mining Company will be eliminated
upon accession to the WTO.  This was stipulated in Council of Ministers Decision No. 12-9-76 of
September 1999
The Arab Company for Manufacturing White Cement was granted customs exemptions for an
indefinite period of time according to a Council of Ministers decision dated 10 November 1994.
Jordan agrees to the commitment stated in paragraph 60 bis above except that customs
exemption will remain for the Arab Company for Manufacturing White Cement.
Other duties and charges
Question 6.  
Jordan reports in WT/ACC/JOR/27 and paragraphs 56-58 in WT/ACC/SPEC/JOR/7 that it is
prepared to eliminate or restructure certain non- tariff fees, taxes, and charges on imports over
and above the tariffs.  These include a fee on impo rted cigarettes, a fee on imported radios, and
a fee on imported sheep.  The fee on sheep is ad dressed in draft legislation amending the Law on
Unification of Fees and Charges, but the other charges aren't.
We suggest that the additional information on Jordan’s intentions on taxation, i.e., plans to
impose a sales tax on imported and domestically -produced cigarettes in conformity with Article
III of the GATT 1994, be incorporated in the WP report text.
Paragraph 57:  We would appreciate a status rep ort on the timeframes outlined in the brackets
in paragraph  57.  We would appreciate Jordan including in the WP report the name of the
legislation that will repeal these fees .  Are there any other discriminatory charges applied to
imports?  Are there any additional non-service fees or charges on imports?
Paragraph 58:  Paragraph 58 should be reorganized to encompass a commitment not to apply
such charges in the future , along the following lines:
58. The representative of Jordan confirmed that  from the date of accession Jordan would
levy no duties or charges on imports other than ordinary customs duties and fees andcharges for services rendered.  Any such charges applied to imports after accession
would be in accordance with WTO provisions.  The Working Party took note of this
commitment.
58bis He further confirmed that Jordan would not list any charges in its Goods Market
Accession Schedule under Article II:1(b) of  the GATT 1994, binding such charges at
"zero"
Answer:
The fee on sheep is addressed in the Amendments to the Law on Unifying Fees and Taxes
No. 7 of 1997.WT/ACC/JOR/32
Page 7
Article 90 of the Telecommunications Law No. 13 of 1995 repealed Regulation of Wireless
Receivers and Transmitters No. 30 of 1966 and 1934 Wireless Telegraph Law which introduced the
import fee on transistor radio.
As for the fee on imported cigarettes (86.5 Fils), Jordan has evaluated this matter and decided
to eliminate the fee.  Jordan, however, plans to impose sales tax on imported and domestically-
produced cigarettes.  Such tax, when imposed, will be in conformity with Article III of the GATT
1994.
Jordan does not apply any other non-service or discriminatory charges on imports other than
fees and charges for services rendered.  Jordan accepts the language suggested above for paragraph 58
and 58 bis.
Question 7.  
Fees and charges for services rendered.
Jordan states in WT/ACC/JOR/27 and paragraph 66 of WT/ACC/SPEC/JOR/7 that it is
capping its ad valorem  customs processing fee and providing for a minimum and maximum level
of charge.  We will need further clarif ication on this point in the WP report.
We would appreciate Jordan’s explanation on how the import and export fee levels are
determined, and in particular why there is such  a wide disparity between the rate of the
processing fee charged for imports and exports (Note:  the import processing fee (at 250 JD) is
over 10 times the level of your export fee.  End note)
Can Jordan include information in paragraph 66 to clarify (a) what trade will be subject to this
charge, and (b) how the revenues will be used?  Article VIII requires that the revenues be used
solely for processing the trade upon which they  are levied, and the preamble to the Tax Law
appears to indicate that revenue from these ta xes is not used to pay for the service, but is
distributed as general revenue.
It is important to meet the requirement for the use of such fees established by the GATT Panel
that examined the U.S. Customs User Fee in 1987, i.e., that revenues collected should be used to
fund only the processing of the goods subject to those fees.  Commingling of the revenues for
import and export processing when the fees are applied at such different levels would violate an
important aspect of that ruling.
Are the import and export processing fee to be charged to all trade or are there countries whose
trade is exempted, e.g., trade with Arab League a nd other preferential trading partners?  If not,
will customs processing for this trade be funded by the revenues gained from application of the
fee to other trade?
Please indicate the name of the legislative inst rument that will convert the overtime fee to an
import processing fee.  Please indicate in the description that the new legal instrument will
provide explicitly that revenue collected for import processing will be used only to support
import processing and only for the goods upon which the fee is charged.
Answer:
The export fee of JD 15 per transaction is the average cost for processing an export
transaction.  This fee applies on all exports from Jordan.WT/ACC/JOR/32
Page 8
The import and export fees were determined using sound accounting methods taking into
account direct and indirect employee costs including wages, social security, and training.  In addition,
overhead costs were taken into account including equipment and stock purchase and maintenance,
facilities, transportation, cost of maintaining laboratories, water, power, heating, stationery, cleaning
expenses, and depreciation costs.
The difference in import and export processing fees is due to the following:
- It takes on average 4 hours to process an import transaction whereas it takes less than 2 hours
to process an export/re-export transaction
- Higher number of customs officers are involved in import processing
- A number of additional activities are performed on import transactions such as valuation,
assessment of origin, collection of duties, and assessment and collection of taxes
All trade will be subject to this charge.  Revenues will be used to support the operations and
the infrastructure of the Customs Department in connection with customs processing (see Article
161D of the Customs Law).  The Amendments to the Customs Law No. 20 of 1998 is the legislativeinstrument that will convert the overtime fee to an import processing fee.
Jordan proposes the following text to be inco rporated in the report of the Working Party:
“In response to questions by a member, Jordan confirmed that all imports and exports will be
subject respectively to its import and export processing fees; the revenues from these fees will
only be used to support the overall customs operations and infrastructure connected with
customs processing of imported and exported goods (see Article 161D of the Customs Law),
and that the Amendments to the Customs Law No. 20 of 1998 is the legislative instrument
that will convert the overtime fee to an import processing fee.”
Question 8.  
Consular fees for the authentication of documents necessary for importation:  We also remain
concerned with Article 31C in Title 3, Chapter 2,  Section 2- Customs Value which provides that:
"Every declaration shall have enclosed therein an original itemized invoice certified by the
chamber of commerce of the city of export or  any entity recognized by the Department and
attesting to the  authenticity of the prices and th e origin.  The documents must also be  certified
by the Jordan Consulate Mission where available."
This does not appear to concord with Jordan's p revious response on this issue (May 1999) which
stated that Article 31C "does not limit the cert ification to be from the Chamber of Commerce.
Documents may also be certified by any other body acceptable to the  Customs Department.
Exports from the United States may be certified at the US-Arab Chamber of Commerce."
In any case, the requirement that commercial pa per necessary for importation be certified in
the exporting country is a non-tariff trade barri er to trade and incompatible with the provisions
of Articles VIII, which states, inter alia, that "fees and charges of whatever character...shall be
limited in amount to the approximate cost of  services rendered and shall not represent an
indirect protection to domestic products or a ta xation of imports or export for fiscal purposes."
This measure serves no purpose in trade except to  create an additional charge on imports and
an additional burden to import trade not applied to domestic goods.  It conflicts with the
provisions of the Agreement on Rules of Origin and violates Article VIII of the GATT, which
states that customs charges are not to be used to generate revenue, but are to be limitedWT/ACC/JOR/32
Page 9
approximately to the cost of the service rendered.  We appreciate the conversion of the fee to a
flat fee of JD 21 per transaction upon accession, which will limit the revenue effect, but does not
address the added burden to importers to process documents that will be re-examined,
authenticated, and processed with an additional fee at the time of importation.  We seek the
elimination of this requirement.
Jordan should work with us and other WP delegations to eliminate the consular certification of
commercial document requirement in Article 31C.  Article 31C was implemented by Jordan
because of problems with importer falsification of the country of origin to acquire lower or duty
free treatment.
We appreciate that Jordan's fees for this operation are no longer ad valorem, but in our view,
this is an unnecessary measure that impedes trade and is used to justify additional charges that
are not related to any service.
An alternative method of ensuri ng the rule of origin should be found.  This can possibly be
accomplished by reviewing the Ru les of Origin provisions and ensuring that the appropriate
information is provided in the import documents.  The practice should be eliminated upon
accession along with any fees charged for this "service."
We would like to see the elimination of this confirmed in the WP report, and the legislation that
will accomplish this identified in paragraph 67.
Concerning consular authentication requirements , we would appreciate Jordan’s additional
clarification in the WP report text as to when legislation providing for this would be introduced
in Parliament.
For clarity, we suggest that the current commitment paragraph be expanded as follows:68. The representative of Jordan confirmed that  from the date of accession, Jordan would
impose any fees or charges for "services rendered" to importation or exportation only in
conformity with Article VIII of the GATT  1994.  He further confirmed that the fee
described in paragraph 71 for the authentication or certification of import documentsby Chambers of Commerce or consular officials in the exporting country would be fixed
at JD 21 per transaction from the date of accession.  The practice of requiring such
certifications would be eliminated by 31 December 2002.  Information regarding the
application and level of such fees, revenues collected and their use, would be provided to
WTO Members upon request.  The Working Party took note of these commitments.
Answer:
Due to annual budget cycle and budgetary planning constraints, Jordan can not agree to any
immediate elimination of consular fees for authentication of documents necessary for importation.
This constitutes one of the financial elements es sential to complete successfully the structural
adjustment program over the course of the next 3 years.
Jordan accepts to eliminate consular authentication requirements by 31 December 2002.
During the second half of 2002, amendments will be introduced to the Customs Law No. 20 of 1998
and Regulations No. 1 of 1989 on Consular Services and Fees.WT/ACC/JOR/32
Page 10
(h) Customs Valuation
Question 9.  
We have reviewed your amendments to the customs law and the responses in WT/ACC/JOR/22.
We are pleased to see Jordan moving towards WTO consistency in this critical area.  We are
prepared to agreed to the text of the WP  report in this section under the following
circumstances:
In order to finish our review, we would apprec iate receiving the regulations implementing the
Interpretative Notes to the WTO Valuation Agre ement, which are to be adopted in November
1999.  This is necessary because Article 14 of the WTO Valuation Agreement incorporates theInterpretative Notes as an integral part of  the Agreement and the Articles of the Agreement
cannot be read and applied without reference  to the respective Interpretative Notes.
- We also need to verify the implementation of Decisions 3.1-software and 4.1-interest
from the Committee on Customs Valuation.
- We seek confirmation by Jordan in the WP report text that Articles 1(d) and 1.2(a) of
the WTO Valuation Agreement concerning related parties are fully implemented in
Jordan's Customs Law.
- Jordan will eliminate the inconsistency identified in their deductive value provision in
the Amendments to the Customs Law.
- We seek confirmation in the WP report th at Article 31C(i) concerning implementation
of other provision is designed to cover the re gulations, i.e. Interpre tative Notes, software
decision and interest decision.
- Jordan will implement a provision in their regulations to cover our concern regarding
the confidentiality requirement of Article 10 of the WTO Valuation Agreement, i.e., that
the current text of the Customs Law or the amendments does not fully cover the
provisions in Article 10.
- We would appreciate confirmation that Jord an has implementation the right of appeal
"without penalty" as set forth in Article 11 and Interpretative Note 2 to Article 11 in
Annex 1 of the WTO Valuation Agreement.  Pl ease provide the text and/or citation in
texts already circulated that covers this.
Answer:
Jordan will further amend its draft amendments to the Customs Law to take into consideration
all proposals suggested above.  A revised copy of draft amendments to the Customs Law was
forwarded to the WTO Secretariat before the end of October 1999.
Jordan confirms Article 31C(i) concerning implementation of other provision is designed to
cover the regulations, i.e. Interpretative Notes, software decision and interest decision.
The Instructions on Implementing Customs Valu ation addressing interpretative notes and
valuation of software and interest is being drafted.  These instructions will be adopted upon enactment
of the Amendments to the Customs Law.
The Jordanian Constitution (Article 101) guarantees free access to the judiciary for all without
hindrances.  Furthermore, the Jordanian Cons titutional Jurisprudence and the Criminal Law
(Article 3) provide that no penalty may be imposed except by a law.  There is no law in Jordan,
including the customs law, that provides for a penalty when resorting to the judiciary.  Therefore, theWT/ACC/JOR/32
Page 11
right to appeal "without penalty" as set forth in Article 11 and Interpretative Note 2 to Article 11 in
Annex 1 of the WTO Valuation Agreement is covered under the Jordanian legal system.
Application of internal taxes
Question 10.  
Jordan has circulated draft legislation amending its General Sales Tax Law to extend the tax to
domestic goods.  WT/ACC/JOR/22 and WT/ACC/JOR/27, however, indicate that Phase II of
the plan doesn't come into effect until June 2000.
We will need clarification on the timeline for th is change, full reporting in the WP report, and a
protocol commitment reflecting a date certain for the compatibility of Jordan's indirect taxation
regime with Article III of the GATT.
We would appreciate an updating in the WP report of the specific measures Jordan is taking to
amend its laws, and a table demonstrating the chan ges that will be enacted in the new legislation
(e.g., Table 3 has so far merely confirmed that the current taxes are WTO-inconsistent.  The
table demonstrating WTO consistency should be developed for the WP report.).
Answer:
There is no relation between Phase II and c onformity with Article III of the GATT 1994.
The Amendments to the General Sales Tax Law are expected to be adopted during the
Parliament ordinary session November 1999-February 2000.  These amendments ensure national
treatment with regard to the application of general sales tax.
The new rates for general sales tax are provided below.  There is need to consider including
this table in paragraph 69 of the Working Party report.
No. Product UnitTax rate (JD)
(domestic or
imported)
1 All kinds of cement Ton 10.000
2 Iron for construction Ton 50.000
3 Mineral lubricating oils Kg. 00.200
4 Natural and mineral water
Gas water including soda water in
- reusable container
-  disposable containerLitre00.020
00.166
00.175
5 Fizzy drinks
(a) for immediate consumption
    -  reusable container
    -  disposable
container
(b) Concentrates in
-drums that yield 96 bottles/25 cl. 
Capacity each
-drums that yield 480 bottles/ 25cl. capacity eachLitre
Litre
Drum
Drum0.166
0.175
3.984
19.920
6 Beer including non-alcoholic beer Litre 0.600WT/ACC/JOR/32
Page 12
No. Product UnitTax rate (JD)
(domestic or
imported)
7 Unsaturated Ethel Alcohol Litre 0.300
8 Alcoholic drinks including wine. Litre 1.000
9 Tobacco
(a) Ordinary(b) Mixed with fruit syrupKg.
Kg.2.000
2.000
10 Snuff Kg. 2.000
11 Chopped tobacco Kg. 0.500
12 Cigar Kg. 15.000
13 Cigarettes
a) For local consumption
b) for the same brand names sold to armed forces.box /20
0.170
0.130
Jordan suggests adding to the Working Party report the following language:
- "The Representative of Jordan stated that Jordan, as of the date of accession, will be applying
sales tax for both imported and locally-made goods in conformity with Article III of the
GATT 1994. The following imported products were subjected to 10 per cent general sales tax
while locally produced ones were exempt: agricultural plastic houses;  furniture;  woolblankets, covers, and mattresses, quilts, and towels;  yeast and bread improvements;  active
and inactive lime and calcareous masonry;  smoke stack stoves and their parts;  dried
leguminous vegetables subjected to any manufacturing process such as: peas, chick peas,
beans, kidney beans, lentils of field beans;  egg carton holders;  solar heaters;  knitted textiles;
milled products including spices, thyme, and other herbs;  and energy-saving insulation
materials for building purposes. After the enactment of the amendments to the General Sales
Tax Law, the above-mentioned locally produced goods will no longer be exempted fromgeneral sales tax.  A 13 per cent general sales tax would be applied on all imported and
locally produced goods mentioned above except gas and kerosene heaters which are exempt
from sales tax regardless whether imported or locally-produced.  The Representative of
Jordan added that the General Sales tax Law has been amended in July 1999 to raise the tax
rate from 10 per cent to 13 per cent."
Non-Tariff Measures applied to Imports and Exports
Question 11.  
We appreciate Jordan's submission of document WT/ACC/JOR/28 which outlines Jordan's
import licensing regime, and provides information how Jordan intends either to eliminate
current restrictions or amend them to bring its current system into line with WTO.
With two exceptions, we can accept Jordan's proposals on quantitative restrictions, and seek
appropriate recording of the elimination of the WTO inconsistent bans and restrictions in the
WP report with a standard commitment on the use of such measures after accession.
We are concerned that Jordan limits imports of "used" articles, e.g., photocopiers and autos, as
a form of protection of domestic retailers selling these products new.WT/ACC/JOR/32
Page 13
We would like to review the draft legislation on used autos and receive information from Jordan
addressing the ban on imports of used photocopiers.
In general, such restrictions should not be used.  If there is a purpose to the restriction, it should
be administered equally on imports and domestic articles.
In addition, we would like an explanation for the need to subject imports of all electronic
equipment to non-automatic licensing.  Please explain in detail why these imports should be so
burdened.
In addition, we would like the following products, which are subject to non-automatic (i.e.,
discretionary) import licensing requirements moved to automatic import licensing list, i.e., thatimportation will not be restricted if specific technical criteria are met:
- 29.03.4: Halogenated derivatives of hydrocarbons
- 30.03 and 30.04: Veterinary medicine
- 85.25.10 and 85.25.20: Wireless transmitters and receivers Transmission and
reception stations*
- 85.25.201 Cellular telephone systems
- 85.43.209 and 85.26.92 All kinds of remote control equipment (except those for
television and video)
We suggest that the following statement be incorporated in the WP report, as follows:
“Only two types of “ used ” goods (used electric equipment and used tires) are currently
subject to non-automatic import licensing. Used goods are not usually accompanied bycatalogues or warranties.  The main purpose  of non-automatic licensing on these two
used goods is to obtain information from th e importer on the condition of such goods
given the health, safety, and environmen tal concerns associated with these two
products.”
In addition, we will want to determine when legi slation will be in place to ensure that use of
licenses is consistent with the WTO Licensing Agreement.
Answer:
Council of Ministers Decision No. 12-9-76 of September 1999 eliminated the ban on the
import of used cars older than 5 years.  A copy of this Decision will be provided to the WorkingParty.
In reply to the requests raised above, Jordan commits to:
- Eliminate the ban on used photocopier and make used photocopier subject to non-automatic
import licensing instead.
- Make all used electric equipment (ex84 and ex85) subject to non-automatic import licensing
and new electric equipment (ex84 and ex85) subject to automatic licensing.
Jordan agrees to move the following products from non-automatic to automatic licensing:
- 29.03.4: Halogenated derivatives of hydrocarbons
- 85.25.10 and 85.25.20: Wireless transmitters and receivers Transmission and reception
stations
- 85.25.201 Cellular telephone systemsWT/ACC/JOR/32
Page 14
- 85.43.209 and 85.26.92 All kinds of remote control equipment (except those for television
and video)
The following two rows in Table 8 (Paragraph 80) may be merged into one row:
- 85.25.10 and 85.25.20 Wireless transmitters and receivers; transmission and reception
stations
All used goods (e.g. used electrical equipment) will be accorded national treatment after
clearing customs according to Article III of the GATT 1994.  Jordan does not have any legislation in
place that discriminate between domestic and imported used equipment with regard to the application
of internal taxes and other internal charges, requirem ents affecting the internal sale, offering for sale,
purchase, transportation, distribution or use of used products, and internal regulations requiring the
mixture, processing or use of used goods in specified amounts or proportions.
Only two types of “ used ” goods (used electric equipment and used tires) are currently
subject to non-automatic import licensing. Used goods are not usually accompanied by catalogues orwarranties.  The main purpose of non-automatic licensing on these two used goods is to obtain
information from the importer on the condition of such goods given the health, safety, and
environmental concerns associated with these two products.
Legislation to ensure that use of licenses is consistent with the WTO Licensing Agreement
will be in place in January 2000.
(l) Rules of origin
Question 12.  
Jordan had amended its Law 20 on Customs to provide for WTO consistent application of rules
of origin, in particular the procedural protections .
- We note that the current text does not a ddress the procedural protections provided in
Annex II of the agreement, and that it does not precisely track the language of the Rules
of Origin Agreement.
- We suggest that Jordan look to Annex II,  the "Common Declaration with Regard to
Preferential Rules of Origin" to ensure that the amendments capture its provisions, in
particular those of paragraph 3(d).
- In addition, the text does not track Article 2(h).
- Jordan should review this text and ensure th at the missing elements are included in the
enacted legislation.  We will want to review the amended text.
- We seek to document Jordan's implementati on of the provisions of the Agreement on
Rules of Origin with a standard commitment, as follows:
91bis The representative of Jordan stated that fr om the date of accession Jordan preferential
and non-preferential rules of origin woul d comply fully with the WTO Agreement on
Rules of Origin.  The requirements of Article 2(h) and Annex II, Paragraph 3(d) of the
Agreement would also be fully implemented prior to accession.  He also stated that in
any event, from the date of accession the Customs would provide an assessment of the
origin of the import upon the request of an exporter, importer or any person with ajustifiable cause.  Any request for such an assessment would be accepted even before
trade in the goods concerned began.  Any su ch assessment would be binding for three
years.  The Working Party took note of these commitments.WT/ACC/JOR/32
Page 15
Answer:
Jordan will further amend its draft amendments to the Customs Law to take into consideration
all proposals suggested above.  A revised copy of draft amendments to the Customs Law was
forwarded to the WTO Secretariat in October 1999.
Jordan agrees to the commitment in 91 bis.
Anti-dumping, Countervailing duty and Safeguard regime
Question 13.  
We appreciate Jordan's commitment in paragraph 101 concerning the non-application of
antidumping, CVD or safeguard measures in the absence of WTO consistent legislation.
- The second sentence of paragraph 98, however, claims that the National Production
Protection Law is WTO consistent.  for the  is developing new AD/CVD and Safeguardlaws.  We seek the removal of that sentence, as it conflicts with the commitment in
paragraph 101.
- We also propose that paragraph 100 be redrafted to reflect that Jordan is reviewing the
National Production Protection Law and the draft AD/CVD laws to ensure their
conformity with the provisions of the relevant WTO Agreements
With these changes, we can approve this section of the report.
Answer:
Jordan agrees to eliminate the second sentence of paragraph 98.
Jordan agrees to the proposed redrafting to pa ragraph 100 to reflect that Jordan is reviewing
the National Production Protection Law and the draft AD/CVD/SG regulations to ensure their
conformity with the provisions of the relevant WTO Agreements.
Jordan reserves the right to apply anti-dumping, countervailing, and safeguard measures to
non-WTO countries in the absence of adequate legislation.  Jordan will accept paragraph 101 if "to
WTO Members" is added after the word "measure" in the first sentence.
2. Export regulations
Customs tariff nomenclature, types of duties, duty rates, weighted averages of rates
Question 14.  
Paragraphs 104 and 105 of WT/ACC/SPEC/JOR/7 state:
104.  A 2 per cent inspection fee, which the rep resentative of Jordan considered a fee for
services rendered, was levied on re-exp orted foreign goods.  For imported goods
undergoing some additional processing in Jordan, the value added would need to be 40
per cent or more for a product to be co nsidered a Jordanian export.....Re-exported
goods were also subject to customs overtime fees (0.2 per cent of the declared value).
105. The representative of Jordan said that the 2 per cent fee on re-exported goods would be
eliminated upon enactment of amendments to the law on Unifying Taxes and Duties No.WT/ACC/JOR/32
Page 16
7 of 1997, expected in October/November 1999.  In the future, Customs would charge a
flat fee of JD 7 per transaction for exports and JD 20 per transaction for re-exported
goods....".
There are several problems with this formulation, as follows:- The amended Law on Unification of Fees and Charges also appears to establish (not
repeal as indicated in WT/ACC/JOR/27) a measure that re-exported goods shall be
subject to a 2 per cent exporting duty of their value, as a substitute for the 2 per cent
valuation fee.
As described in paragraphs 104 and 105, the "inspect ion fee" is discriminatory, as it is applied
only to imports that are re-exported, not to do mestic exports as well.  As the imports have
already been entered, duty and tax paid, into Jordanian territory, they are subject to the
protection of Article III of the GATT and should not subject to additional fees.
In addition, the plan to convert the ad valorem fee to a specific duty does not indicate the
purpose of the charge.  Is it an export processing fee?  The differential rate applied to
re-exported imports and exports of domestic products would also appear to be discriminatory.
The amendment needs to be reviewed and altered to specify the purpose of the export charge, to
confirm that it is not applied on an ad valorem basis if it is intended to be a fee for service, andto note that the differential fee based on local content described in paragraphs 104-105 will not
be implemented (since it violates Article III of the GATT)..
Answer:
Jordan evaluated the application of the 2 per cent re-export fee/duty and a decision was made
during the first week of November 1999.
Customs will charge a flat fee on exports, regardless of the origin of the goods, equalling
JD 15 per transaction.  The fee reflects the cost of services to process exports and is in conformity
with Article VIII of the GATT 1994.
Jordan also proposes the following text to be incorporated in the report of the Working Party:
“In response to questions by a member, Jordan confirmed that all imports and exports will be subject
respectively to its import and export processing fees; the revenues from these fees will only
be used to support the overall customs operations and infrastructure connected with customsprocessing of imported and exported goods (s ee Article 161D of the Customs Law), and that
the Amendments to the Customs Law No. 20 of 1998 is the legislative instrument that will
convert the overtime fee to an import processing fee.”
Export Financing, Subsidy and Promotion Policies
Question 15.  
We have identified two programmes, Income Ta x Exemptions for Export Earnings and Export
Loan Subsidies as prohibited subsidies.  Jordan has indicated that it will eliminate them prior to31 December 2002.  There is no legislation, however.
Has legislation been passed to address these subsid ies?  If not, when can we expect to have such
legislation in place?WT/ACC/JOR/32
Page 17
Paragraph 118:  We are prepared to accept Jordan 's proposal, provided that (a) the subsidies
are fully described in the WP report, (a) a date certain for enactment of the legislation is
provided, (c) that the legislation is identified by name, and (d) that the proposal to eliminate
them is included as a protocol commitment.
Paragraph 119:  If this is acceptable, we propose the following redraft of paragraph 119:119. The representative of Jordan stated that the following programmes were export
subsidies, which met a definition of a prohibited subsidy within the meaning of Article 3
of the Agreement on Subsidies and Countervailing Measures: the Income Tax Law No.
57 of 1985 and its amendments, which authorized partial or total exemptions from
income tax for profits on certain exports; Decision (No. 3394 of 1994) pursuant to this
law, which exempting from income tax profits on all exports (except phosphate and
potash) to non-protocol countries and territories, i.e. all countries and territories except
Israel, Lebanon, Palestine and Saudi Arabia; and the discount facility below the going
interest rate for commercial documents op erated by the Central Bank of Jordan. He
confirmed that Jordan [would take][had taken] appropriate legal measures [in . . .
(date). . . ] to eliminate these export subsidies prior to 31 December 2002.  He further
confirmed that from the date of accession, Jordan would not maintain nor introduce any
other prohibited subsidies.  The Workin g Party took note of this commitment.
Answer:
Jordan believes that these two prohibited subsidies are adequately described in paragraphs
111, 115, 116, and 118 of the Working Party report.
The Council of Ministers Decision No. 12-9-76 of September 1999 stipulated the gradual
elimination of these two programmes on export subsidy by 2002.
Jordan agrees to the redraft of paragraph 119 above with the following amendments:- accept [had taken]
- replace "[In…(date)..]" with "September 1999"
- replace "prior to 31 December 2002" with "by December 2002"
- penultimate sentence: eliminate "not maintain"
3. Internal policies affecting foreign trade in goods
Industrial policy, including subsidies
Question 16.  
In light of the discussion and commitment in paragraphs 118 and 119, we propose the following
standard commitment on domestic subsidy program mes be included in this section, as follows:
123bis The representative of Jordan confirmed that upon accession any subsidy programmes
with the exception of those noted in paragraph 119 of this Report would be administered
in conformity with the Agreement on Subsidies and Countervailing Measures.  All
necessary information on such programmes would be notified to the Committee on
Subsidies and Countervailing Measures in accordance with Article 25 of the Agreement.
The Working Party took note of this commitment.WT/ACC/JOR/32
Page 18
Answer:
Jordan accepts paragraph 123 bis as stated above.
Technical regulations and standards, including measures taken at the border with respect to
imports
Sanitary and phytosanitary measures, including measures taken with respect to imports
Question 17.  
Jordan's regulatory system is presently not consistent with WTO TBT requirements.  In
particular, Jordan's legal and administrative provisions do not adequately address fundamentalobligations, such as transparency, non-discri mination and national treatment, and the
prohibition of unnecessary barriers to trade.
We have reviewed the draft Law on Standards and Metrology that addresses TBT and SPS
requirements (except seed control) and the "conformity charts" on TBT and SPS based on thedraft law, which is intended to replace Law No.15 on Standards and Metrology.  We have also
just received the draft Law on Agriculture to address SPS plant and animal and TBT seed
control and a draft Law on Food to address SPS food aspects.  The Jordanian Institute of
Standards and Metrology shall work as an inquiry point for TBT, and the Ministry of
Agriculture shall work as an inquiry point for SPS.
When will these laws be enacted?
Answer:
The new Law on Standards and Metrology is expe cted to be adopted by the Parliament during
its ordinary session (November 1999-February 2000) .  The Law on Agriculture and the Law on Food
Control are expected to be adopted by the Parliament during its ordinary session. These three new
laws will replace existing laws in  all three areas: the law on standards and metrology No. 15 of 1994,
the law on agriculture No. 20 of 1973, and food-related provisions in the law on public health No. 21
of 1971.
Question 18.  
Concerning WT/ACC/SPEC/JOR/7, paragraph 124:  Where is the standards work programme
called for in the WTO TBT Code of Good Practice (and noted in commitment 4 (E)) to be
printed?  How can interested parties obtain copies of this work programme?  How often is sucha publication to be issued?  Please ensure that this information is included in the WP report.
Answer:
The Standards Work Programme is published in Jordan Institute of Standards and Metrology
(JISM)'s quarterly Newsletter " Standards and Metrology News".  Interested parties can obtain copies
of the Standards Work Programme by writing to JISM's Information Centre at the present time, and to
the TBT Enquiry Point at JISM once Jordan is a member of the WTO.
Question 19.  
Paragraph 125: We would appreciate clarification on the conduct of JISM activities as noted in
this paragraph.WT/ACC/JOR/32
Page 19
How does JISM circulate draft standards and technical regulations?  How are interested parties
identified to receive such docu ments?  Where in Jordan's legal documentation is the specific
reference to a fifty day comment period?  How frequently does JISM publish the bulletin of
ongoing work on standards?
We suggest the following amendments to Jordan’s proposed text to be added to the end of para
125 to clarify Jordan’s intentions to meet TBT requirements for notification of standards for
prior comment:
"The representative of Jordan added that Ar ticle 18 of the draft Law on Standards and
Metrology, to be enacted by the end of 1999, provides for publication of a notice in
JISM’s newsletter of all proposed technical regulations and conformity assessmentprocedures prior to adoption to permit reasonable time for comments to be considered
before the final rule is adopted, as required  in Article 2.9 of the TBT Agreement.  He
added that when adopting standards, Jordan will adhere to the code of good practice
(Annex 3 of the TBT agreement) which is incorporated by reference in Article 11.10 of
the draft Law on Standards and Metrology, which means, in practice, that notice of the
standard will be published at least 60 days prior to its planned enactment to allow
interested parties opportunity to comment in JISM’s newsletter.  Article 18.b of the
same draft law stipulates that all adopted technical regulations, conformity assessment
procedures, and standards shall be published promptly in the official gazette. Technical
regulations, conformity assessment procedures, and standards come into effect aftertheir publication."
Answer:
Jordan agrees to the above addition to paragraph 125.
JISM circulates draft standards to interested parties by mail. JISM maintains a list of sectors
of standards, with the relevant interested parties for each sector.  The 60 day comment period is in the
draft instructions on Preparation of Jordanian Standards that will replace the Instructions No. 4:1995.
JISM's Newsletter is published every three months.
Question 20.  
Paragraph 128: Jordan notes that mandatory standards need to be replaced by technical
regulations based on legitimate objectives and performance rather than descriptive
characteristics.
We would appreciate an explanation from Jor dan about the specific process which will be
followed to achieve this goal, and in part icular how current mandatory standards will be
reviewed to determine if they are technical regulations or if they can be made voluntary.
We appreciate that a full review of all of Jordan’s 1,110 mandatory standards would take time.
We do not believe, however, that all of these standards will require detailed formal review todetermine whether they should be voluntary st andards or converted to technical regulations.
We are willing to work with the Government of  Jordan to identify the existing standards that
may require formal review and those that can si mply be made voluntary administratively.
We cannot agree that a period longer than four years is useful or necessary to bring
Jordan’s current standards into line with WTO practice.
We seek a commitment by 31 December 2003, these remaining mandatory standards
will either be converted to technical regulations or made voluntary.  We would welcomeWT/ACC/JOR/32
Page 20
your confirmation to us that this commitment would be separate from the more
accelerated review to eliminate shelf-life requirements, per the separate commitment in
para 136bis.
In addition, the commitment should provid e that the review/conversion process will
proceed gradually, so that no less than on e quarter of the total will be reviewed and/or
converted or made voluntary annually during this period.
The following text could be the basis of such a commitment, including the information on
Jordan’s standards discussed earlier:
128.. . . Article 11 of the Draft Law on Standards and Metrology stipulates that the
Director General shall appoint a technical committee to revise existing standards.
Proposed drafts shall be submitted to the Board for their adoption as standards or
technical regulations.  According to the po licy of the Standardization Department the
Jordanian Standards are continuously reviewed for the need of their updating.  All
standards published before 1995 were mandatory.  Since the enactment of the existingStandards & Metrology Law No. 15 of 1994, JISM published more than 210 voluntary
standards out of 1,320 total existing standards.   The current number of mandatory
standards is 1,110. JISM has the goal of replacing current mandatory standards with
voluntary ones or with technical regulations consistent with the provisions of the WTO
TBT Agreement as soon as possible, and will need extensive technical assistance fromWTO Members and other sources to accomplish this goal as soon as possible.
128bis.   The representative of Jordan stated that Jordan’s Standardization Department
was gradually reviewing the remaining 1,110 mandatory standards to replace them with
voluntary standards or with technical regulati ons, consistent with Article 2 of the WTO
TBT Agreement.  No less than one quarter of the remaining standards would be
converted each year after accession and Jordan intended to complete the process of
conversion by 31 December 2003.  The Working  Party took note of this commitment.
We look forward to seeing the list of prod ucts covered by current mandatory standards
as soon as possible.
Answer:
Article 11 of the Draft Law on Standards and Metrology stipulates that the Director General
shall appoint a technical committee to revise existing standards.  Proposed drafts shall be submitted tothe Board for their adoption as standards or technical regulations.  Jordan will provide as soon as
possible but no later than the end of 1999 the list of products covered by current mandatory standards.
According to the policy of the Standardization Department the Jordanian Standards are
continuously reviewed for the need of their updating.  To achieve the goal of replacing currentmandatory standards with voluntary ones or with technical regulations based on legitimate objectives,
JISM plans to update 50 mandatory standards every year.  JISM is assisted by the German GTZ
project in this regard and has adopted the ZOPP methods for annual planning.
Jordan agrees to paragraphs 128 and 128 bis above.  In addition, Jordan confirms that the
commitment in paragraph 128bis is separate from the more accelerated review to eliminate shelf-
stable food from shelf-life requirements, per the separate commitment in para 136 bis below.WT/ACC/JOR/32
Page 21
Question 21.  
Paragraph 129: Jordan notes that a mechanism needs to be devised to strengthen
communication channels between the inquiry point and other governmental institutions.
We seek a more detailed explanation for what mechanism or procedures Jordan intends to use
to ensure the coordination of inter-mi nisterial communication and activities.
Answer:
To strengthen communication between the inquir y point and other governmental institutions,
JISM has already started conducting a survey to collect information on these institutions. Thisincludes information on provided services, issued legislative documents, applied conformity
assessment procedures and contact persons. In addition JISM is preparing a web site for the Enquiry
Point that relevant government institution have access to contribute to it.
Moreover, Article 21 of the draft Law on Standards and Metrology stipulates that all official
bodies shall within five days of being so requested provide JISM with all necessary information
concerning technical regulations, conformity assessment procedures and copies of such to enable
JISM to respond to inquiries promptly.
Question 22.  
Paragraph 129: Jordan notes that product inspec tion procedures need to be streamlined.
Presently it appears every consignment is subject to conformity assessment procedures.
We seek more information on the specific steps Jor dan is taking to streamline such inspections.
If this is the programme noted in Attachment B of WT/ACC/JOR/22 we would appreciate an
explanation in more detail.
Answer:
As for product inspection JISM has prepared a plan so that the procedures are not restrictive
than necessary, are simplified and the time period for inspection, sampling and testing is shortened.
Question 23.  
Regarding the Jordanian Quality Mark programme, we would appreciate information on the
scope of products covered and the standards/tec hnical regulations for which such products are
tested for compliance.
Answer:
The scope for the Jordanian Quality Mark is food stuff, feeds, chemicals, soaps, detergents,
cosmetics, paints & varnishes, adhesives, pesticides, fertilizers, petroleum products, electrical &
electronic appliances, batteries, cables, telecommunication equipment, construction materials and
other consumable goods.
Question 24.  
We had understood from your documentation that Jordan is prepared to commit to implement
fully the TBT and SPS agreements upon accession provided that technical assistance and
support (including financial) will be provided by WTO members with regard to modernizationWT/ACC/JOR/32
Page 22
of testing laboratories in Jordan , border inspection, sampling procedures as well as training of
personnel.
We are prepared to work with you to overcom e remaining institutional problems, e.g., enquiry
point, transparency, due process, on an acce lerated basis and will consider short gaps in full
compliance.
We expect, however, that the application of te chnical and sanitary requirements to imports will
conform substantively to the requirements of the TBT and SPS Agreements from the date of
accession, and that your basic legislation will be enacted by the end of the year.
Answer:
Jordan's new laws addressing the TBT and SPS agreements are in full conformity with the
WTO agreements.  An action plan for TBT and SPS was provided in Attachment B to
WT/ACC/JOR/22.  Technical assistance and support (including financial) by WTO members is
needed with regard to modernization of border enfo rcement including testing laboratories in Jordan,
border inspection, sampling procedures as well as training of personnel.  Jordan welcomes and
appreciates any technical assistance and support of WTO members in modernizing border control
including conformity assessment procedures.
The new Law on Standards and Metrology is expe cted to be adopted by the Parliament during
its ordinary session (November 1999-February 2000).  The Law on Agriculture and the Law on Food
Control are expected to be adopted by the Parliament during its ordinary session.
Question 25.  
On Shelf life, we have noted previously that we  believe that mandatory shelf-life standards on
"shelf-stable foods" are not justified under WTO Agreements on SPS and TBT.
In addition, we have observed that und er the WHO/FAO Food Standards Programme,
regulations and procedures could be established in line with international norms for "highly
perishable refrigerated" food products that co uld gradually replace shelf life requirements with
a scientific regulatory framework, e.g., within a year.
Jordan has stated that the new draft Law on Food does not have any half shelf-life
requirements.  The Draft Law on Food is expected to be enacted during October/November
1999.
Can Jordan confirm in the WP report that once enacted, all articles in the Law on Public
Health connected with shelf-life requirements on food will be invalid including Article 69 (1.b)?
We propose the following approach to bringing Jordan's shelf life requirements into line with
the WTO Agreements on SPS and TBT:
- First, mandatory government-imposed shelf- life standards for all "shelf-stable foods"
should be eliminated.  Would the ne w Law on Food take care of this?
- Second, drawing on technical advice from the WHO/FAO Food Standards Programme,
Jordan would establish regulations and procedures in line with international norms for"highly perishable refrigerated" food products.  This could be accomplished within a
year.
- To recapitulate: our proposal is that mandato ry shelf-life standards for "shelf-stable
foods" should be eliminated immediately and existing mandatory shelf-life standards forWT/ACC/JOR/32
Page 23
"highly perishable refrigerated" food produc ts should be eliminated within one year
and replaced with a science-based regulatory framework.
We also seek incorporation of the following mate rial in the WP report reflecting our perspective
in the draft WP report:
135bisOne member observed that Jo rdan's regulations on shelf-life did not conform with
international norms and are inconsistent with the provisions of the SPS and TBT
Agreements that require the use of sound science to establish such requirements.  The
food safety risk that can be prevented with mandatory shelf-life dates has not been
specified, nor has it been demonstrated what impact non-fulfilment, i.e. the absence of a
shelf-life date, would have.  The member also maintained that the imposition of
mandatory shelf-life terms on an arbitrary, across the board basis on numerous
products is not an appropriate solution to the concerns expressed, and emphasized that
it is in the interest of both the exporter a nd the importer to assure that there is sufficient
shelf-life remaining on imported products so that they may be purchased and consumed
within the optimum quality period.  This memb er expressed the view that an arbitrary
requirement for half the shelf-life, enforced  by the government, was not a useful way to
address this concern.  He suggested that  mandatory shelf-life dating should be
eliminated for "shelf-stable foods", in the context of adopting the Ministerial Decrees
that will implement the WTO TBT and SPS Ag reements in Jordan, and that regulations
and procedures be established in line with international norms for "highly perishablerefrigerated" food products to gradually replace these requirements with a scientific
regulatory framework, e.g., within a year.
136bisThe representative of Jordan added that the new draft Law on Food does not
have any half shelf-life requirements.  The Dr aft Law on Food is expected to be enacted
during December 1999.  Once enacted, all articles in the Law on Public Health
connected with food, including  half-shelf life requirements, will be inapplicable
including Article 69 (1.b).  He added that Jo rdan will immediately initiate the process of
examining its two shelf-life standards (JS 401:1977 and JS 288:1994) in light of
international scientific practices on shelf-st able food products to identify shelf-stable
products that currently appear on the lists of these two standards.  Jordan commits to
eliminate shelf-stable products from the coverage of these two standards by 30 June
2000.  He added that Jordan would establish within one year regulations and procedures
in line with international norms for "highly perishable refrigerated" food products to
gradually replace remaining shelf life requirements on these products with a scientific
regulatory framework by 31 December 2000.  The Working Party took note of these
commitments.
Answer:
Jordan agrees to paragraph 136 bis above.
State-trading practices
Question 26.  
Jordan has reported on its State Trading companies in WT/ACC/SPEC/JOR/7 and
WT/ACC/JOR/26.  We are prepared to agree with Jordan concerning the notification of The
Jordan Cement Company, Jordan Tanning Co mpany, Jordan Petroleum Company and the
Vegetable Oil Industries Company as state trading enterprises.  These companies exclusiveWT/ACC/JOR/32
Page 24
trading rights are granted by concession, however, and we suggest that Jordan indicate that it
intends to allow these concessi ons to lapse when they expire.
In order to address all the entities, both state- run and others, listed in this section, including
state trading enterprises, we suggest that the commitment in paragraph 147 could be revised,including removal of the brackets, along the following lines:
147. The representative of Jordan confirmed that  after accession to the WTO, Jordan would
observe the
 WTO provisions, in particular,  of Article XVII of the GATT 1994[, and]  the
WTO Understanding on that Article, [ and Article VIII of the GATS regarding State
trading,]  with respect to the State-owned enterprises and other enterprises and entities
with special or exclusive privileges identifi ed in paragraphs 140-146 of this report  in
particular abiding by the provisions for notification, non-discrimination, and the
application of commercial considerations for trade transactions.  The Working Party
took note of these commitments.
Answer:
Jordan accepts paragraph 147 as stated above.
Government procurement practices, including general legal regime and procedures for tendering,
dealing with tenders and award of contracts
Question 27.  
Jordan has agreed to initiate negotiations fo r membership in the Ag reement on Government
Procurement upon accession and to endeavour to complete negotiations within a year ofaccession.
 We accept the proposal, and suggest that you r representative in Geneva table a request
for observer status in the GPA Committee immediately, to ensure that Jordan begins receiving
documentation and can attend meetings as soon as possible.
Answer:
Jordan will work in November 1999 on tabling a request for observer status in the GPA Committee.
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME
1. General
Question 28.  
In the course of bilateral discussions on Jorda n's efforts to bring its regime on Intellectual
Property Protection into conformity with th e WTO Agreement on TRIPS, we have proposed
that the following language be incorpor ated into the Working Party report text:
Patents:
Paragraph 1:  "Some Members requested that Jordan clarify when the Cabinet would
issue the decision referenced in Article 36(E) of the Patent Law (1999) to ensure that the
provisions of Article 36(C), specifically, the availability of product patent protection for
"chemicals related to medications, or pharmaceutical or food final products," shallWT/ACC/JOR/32
Page 25
come into effect.  The representative of Jordan committed that the necessary steps
would be taken by the Cabinet to ensure that the provisions of Article 36(C) would come
into force no later than April 2, 2000, and that  product patent protection for chemicals
related to medications, and pharmaceutical and food products would be available from
that date."
Paragraph 2:  "Some Members requested that Jordan clarify how it would ensure that,
before Jordanian regulatory authorities approve the marketing of a pharmaceutical or
agricultural chemical product, those authorities coordinate with the Patent Office to
ensure that such marketing approvals do not conflict or interfere with the enjoyment of
patents on that product.  The representative of Jordan stated that this question would be
clarified through a Cabinet decision issued prior to Jordan's accession, which wouldrequire that, prior to issuance of marketing approval of any pharmaceutical and
agricultural chemical products, the relevant Ministries in Jordan shall determine the
existence of a patent covering a product for which an application for marketing
approval has been filed by a party other than the patentee, and shall not approve such
application for marketing approval until the date of the expiration of such patent."
Paragraph 3:  "Some Members requested that Jordan clarify the meaning of the term
"unfair commercial use" in its draft Unfair  Competition Law to ensure protection of
undisclosed test data submitted to the government as a condition of obtaining marketing
approval of pharmaceutical and agricultural chemical products utilizing new chemicalentities, as required by TRIPS Article 39.3.  The representative of Jordan stated that it
would amend its draft Unfair Competition Law as follows: Jordan will protect against
unfair commercial use of undisclosed test or other data submitted in support of
applications for marketing approval of pharmaceutical or of agricultural chemical
products which utilize new chemical entities, by providing that no person other than the
person that submitted such data may, withou t the permission of the latter person, rely
on such data in support of an application for product approval for a period of at least
five years from the date on which Jordan granted marketing approval to the person that
produced the data.  The representative of Jord an also stated that this amendment to the
Unfair Competition Law would be applicable to any application for marketing approval
pending on or filed after the date of enactment of that law."
Paragraph 4:  "Some Members requested that Jordan clarify whether use of a patent
without the authorization of the right ho lder could be authorized to permit the
exploitation of a patent which cannot be exploited without infringing another patent,
and, if such use could be authorized, to ex plain the consistency of the Jordanian Patent
Law with Article 31(1) of the TRIPS Agreement.  The representative of Jordan statedthat the Patent Law provided no authority to  the Government to authorize the use of a
patent without the authorization of the right holder for the purpose of exploiting a
patent which cannot be exploited without infringing another patent.  The representative
of Jordan further stated that, for the sake of transparency, this clarification will also be
reflected in any implementing regulations issued under the Patent Law."
Paragraph 5:  "Some Members requested that  Jordan clarify whether importation of a
patented product would qualify as exploitation and use of a patent within the meaning
of the second sub-paragraph of Article 22 of the Patent Law (1999).  The representative
of Jordan stated that importation of a patented product would be consideredexploitation and use of the patent, such that the situation would not satisfy the criteria of
Article 22, second sub-paragraph.  The representative of Jordan further stated that, for
the sake of transparency, this clarification will also be reflected in any implementing
regulations issued under the Patent Law."WT/ACC/JOR/32
Page 26
Paragraph 6:  "Some Members requested that Jordan clarify the meaning of the
condition in Article 37 of the Patent Law concerning 'if the importation was legal,' and
to clarify whether the situation involvin g a breach of contract would render such
importation illegal, and whether administ rative procedures and regulations are
available to patent owners to assist in the control of unauthorized importation of
patented products.  The representative of Jordan clarified that in situations in which
there has been a breach of a contract with respect to imported products, such products
will not be considered to be legally imported within the meaning of Article 37 and their
importation shall be prohibited.  The rep resentative of Jordan further clarified,
however, that the patent holder must no tify the appropriate Jordanian customs
authorities of  the identity of parties authorized to import the patented product intoJordan, in which case measures would be available to prevent the entry into the
Jordanian market of such unauthorized imports.  The representative of Jordan further
stated that, for the sake of transparency, th is clarification will also be reflected in
implementing regulations issued under the Patent Law."
Answer:
Jordan accepts the first three paragraphs as stated above.
Jordan accepts the 4th paragraph with the following amendments:- penultimate sentence: add "of 1999" after "Patent Law"
Jordan accepts the 5
th and 6th paragraphs with the following amendments:
- Add at the end of each paragraph:  "In case WTO Members in the future should adopt
an interpretation of the TRIPS Agreement pursuant to Article IX of the Agreement
Establishing the WTO contradicting the aforementioned, Jordan reserved the right to
abide by this interpretation of the TRIPS Agreement."
2. Substantive standards of protection, incl uding procedures for the acquisition and
maintenance of intellectual property rights
Question 29.  
Copyrights:  "Some Members requested, with respect to protection of copyrights, that Jordan
clarify through regulations the meaning of Article 27 of the Law on the Protection of Copyright(1992), as amended by Article 7 of the Law Amending the Copyright Protection Law (1999), and
its intention to apply this provision in very narrow circumstances.  The representative of Jordan
stated that the meaning of the referenced provisi on will be clarified in regulations that will
provide that the authority in Article 27 applies on ly in the situation in which the author of a
work is deceased and the work has never been published in the author's lifetime.  In such
circumstances, the Minister shall first seek the permission of the author's heirs or successors to
publish the work, and if such permission is not granted within six months, the Minister shall
have the right to publish only the work's substance."
"Some Members requested clarification regarding  the meaning of the phrase "for financial
gain" in Article 9 of the Law on the Protection of Copyright (1992), and, in particular, whether
Jordan intends to limit the author's exclusive righ ts in this manner, given that doing so would
be inconsistent with the Berne Convention and TRIPS Agreement.  The representative ofWT/ACC/JOR/32
Page 27
Jordan clarified that no such limitation is intended, stating regulations under this law would be
issued to clarify the meaning of the phrase, and would provide that the term 'for financial gain'
in Article 9 shall not preclude the ability of the author or right holder from engaging in,
authorizing or prohibiting any non-commercial exploitation of his work; except for those
non-commercial exploitations explicitly permitted by the law without the authorization of theauthor or right holder, provided that such exploitations are limite d to certain special cases, and
provided that such exploitations do not conflict with a normal exploitation of the work and do
not unreasonably prejudice the legitimate interests of the right holder."
Answer:
Jordan accepts these texts.
Transparency
Question 30.  
Paragraph 215 of WT/ACC/SPEC/JOR/7 states that the Jordanian Constitution provides that
laws should be published in the Official Gaze tte and come into force 30 days after publication.
While we appreciate this confirmation, we are co ncerned that there has been no reference in the
WP report to other GATT and WTO transparency requirements.
Article X of the GATT states that in addition to laws, "regulations, judicial decisions and
administrative rulings of general application, . . . . pertaining to the classification or the
valuation of products for customs purposes, or to rates of duty, taxes or other charges, or to
requirements, restrictions or prohibitions on im ports or exports or on the transfer of payments
therefor, or affecting their sale, distribution, tr ansportation, insurance, warehousing inspection,
exhibition, processing, mixing or other use, shall be published promptly."
"It also provides that "no measure of general application. . .  effecting an advance in a rate of
duty or other charge on imports under an established and uniform practice, or imposing a new
or more burdensome requirement, restriction or prohibition on imports, or on the transfer of
payments therefor, shall be enforced before such measure has been officially published."
In addition, the TRIPS Agreement (Article 63) and GATS Agreement (Article III), and
provisions in other WTO Agreements, e.g., Customs Valuation, TBT, and SPS, include specific
obligations on transparency.
Does the Constitutional provision cover all of that?  If so, could we have language to that effect
in the WP report? We suggest something along the following lines:
215bisThe representative of Jordan said that from the date of accession all laws, regulations,
decrees, judicial decisions and administrative rulings of general application  related to
trade would be published in the Official Gazette promptly and that no law or regulationrelated to international trade would become effective prior to such publication.  He
further stated that Jordan's Constitution a nd other laws currently in place or listed in
WT/ACC/SPEC/JOR/7 slated for near-term enactment would implement fully Article X
of the GATT 1994 and the other transparency requirements in WTO Agreements
requiring notification and publication.WT/ACC/JOR/32
Page 28
Answer:
The constitutional provision covers only laws.
Jordan suggests that 215 bis be as follows:
215bisThe representative of Jordan said that from the date of accession all laws, regulations,
decrees, judicial decisions and administrative rulings of general application related to trade
would be published in a manner that fulfils the WTO requirements.  As such, no law or
regulation related to international trade would become effective prior to such publication in
the official Gazette.  He further stated that all laws which were amended to comply with the
WTO Agreements contain provisions which require such publication.  Decrees which affectinternational trade will be published either in  the Official Gazette or in the bulletin of
Chamber of Industry and Commerce.  Final judici al judgements of the highest courts will be
published in the Journal of Jordanian Bar Association.  Jordan's Constitution and other laws
currently in place or listed in WT/ACC/SPEC/ JOR/7 slated for near-term enactment would
implement fully Article X of the GATT 1994 and the other transparency requirements inWTO Agreements requiring notification and publication.
Question 31.  
Concerning notifications, there is currently no reference in WT/ACC/SPEC/JOR/7 to Jordan's
timetable for providing its initial notifications required by WTO Agreements.
It is customary in accession negotiations to seek and achieve a commitment that all of the
applicant's initial notifications of legislation and other basic information will be provided on the
date of accession, e.g.:
215bisThe representative of Jordan said that, at the latest upon entry into force of the Protocol
of Accession, Jordan would submit all initial notifications required by any Agreement
constituting part of the WTO Agreement.  Any regulations subsequently enacted by
Jordan which gave effect to the laws enacted to implement any Agreement constituting
part of the WTO Agreement would also conform to the requirements of that Agreement.
The Working Party took note of these commitments.
If Jordan is not prepared to provide this ma terial upon accession, we suggest that a realistic
agenda for providing the documents be developed and circulated to the Working Party.
Moldova, which is experiencing some of the same legislative implementation constraints as
Jordan, has proposed such a calendar, in WT/ACC/SPEC/MOL/6.  You may find it useful indeveloping your own.  It is important to address this issue substantively as soon as possible.
Answer:
Jordan agrees to submit all initial notificati ons in accordance with Jordan's notification
agenda, circulated in document WT/ACC/JOR/31.WT/ACC/JOR/32
Page 29
Agenda for Adopting Regulations/Instructions for WTO Conformity
November 1999
Regulations/Instructions Agreement(s)  Expected Adoption Date
1. Decision on elimination of
Jordanian Export
CompaniesSCM November 1999
2. Instructions on
Implementing Customs
Valuation (includes
interpretative notes,
software, and interest)Customs Valuation Upon enactment of the
Amendments to the Customs
Law
3. Instructions on Border
Enforcement ofIntellectual property
RightsTRIPS Upon enactment of the
Amendments to the CustomsLaw
4. Decree on TBT
NotificationTBT Upon enactment of the Law on
Standards and Metrology
5. Decree on SPS Inquiry
Point and NotificationSPS Upon enactment of the Law on
Agriculture and the Law onFood Control
6. Regulations on Copyrights TRIPS January 2000
7. Regulations on Integrated
CircuitsTRIPS Upon enactment of the Law on
Integrated Circuits
8. Regulations on Imports
and ExportsGATT 1994 (Article I, III, and
XI) Agreement on Import
LicensingUpon enactment of the Law on
Imports and Exports
9. Instructions on Import No.
1, 1999GATT 1994 (Article I, III, and
XI) Agreement on Import
LicensingUpon enactment of the Law on
Imports and Exports
10. Instructions on the
Importation of Live Sheep
and CalvesGATT 1994 (Article XI) Upon enactment of the Law on
Agriculture
11. Regulations on Animal
and Agricultural Products
FeesGATT 1994 (Article VIII) Upon enactment of the Law on
Agriculture
__________