(Not official translation - legal text is in Arabic)
Act No. (1) for the year 1992. Regarding the foreign trade.
In the name
of the nation. The president of the presidency council After acquaintance on the
agreement of the declaration of the Republic of Yemen constitution, And after acceptance
of the cabinet and the presidency council. We have issued the text of the following
act:
The first chapter The titling and the definitions
Article (1): The act has
been titled “the act of the foreign trade”.
Article (2): For the purposes
of this act, the following pronunciations and expressions and its indicated meanings,
shall always being tied together unless that the context of the text refers to another
meaning. The Republic: The Republic of Yemen. The Ministry: The Supply & Trade
Minister. The Minister: The Supply & Trade Minster. The Goods: All the products
and commodities and the materials include the alive animals and any another transferable
has a commercial value. The Licenses: The permission, which has provided by the
ministry according to the previsions of this act and the rules, which are manage,
it. The import: The entering of the goods to the Republic for the trade or use.
The temporary entering: The entering of the goods to the Republic for the sake of
use them temporary or carry out of any communicable operations then, re-importing
them. The export: Exist the goods from the Republic for the trade or using. The
temporary export: Existing the goods for the Republic for trade or use them temporary
or for the maintenance or carrying out of any other communicable operations then
re-exporting them.
The second chapter The aims of foreign trade
Article (3): The act aimed
to achieve as follows:
A- Supervises on the external
trade and develops it, in the way that may help to achieved the aims of the social
and economic development plan for the state and leads to increase its potentiality
in the service the national economic.
B. Manages and encourages
the participation of the national economic sectors in the export and import in way
that enable them to maintain the Republic requirements for the supply goods. And
the necessities of the production and the growth, which lead the catering stability
and increase the production and raise the growth rates and improve the trade balance
position.
C.Develops and grows the trade relationship with Arabic and Islamic countries and
remaining countries of the world and directed them in which way that contribution
in developing the national economic.
The third chapter The
external foreign trade planing.
Article (4): The ministry
is prepares the projects of the foreign trade plan in mid-term (moderate term) and
it shall be considered as part of the comprehensive plan for the social and economic
developing. According to the particulars, and informations, statistics and data
which has obtained for different ministers, other governmental institutions and
all the national economic sectors.
Article (5): The annual export
and import programs and its, amendments, shall be endorsed by the cabinet.
The fourth chapter The foreign trade relationship
Article (6): In the respect
of the foreign trade relationships, the ministry undertakes practicing of the following
specializations.
A-The supervises on the trade exchanges between the Republic and other countries
of the world which lead to develops and grows of the commercial and economical relationships
between the Republic and external world B- The participates and preparation with
other ministries governmental institutions in enter the agreements and the commercial
protocols and payments agreements between the Republic and Arabic countries and
other countries of the world and communities and, corporations. And the international
territorial and Arabic commercial and economical organizations, include the entering
in the agreements which has implicated grants mutual priorities in the field of
foreign trade.
C- The follows-up and coordinates with competent sources in order to executes the
commercial agreements and the protocols and payment agreements between the Republic
and Arabic and Islamic countries and other countries of the world, communities,
corporations and international, territorial and Arabic commercial and economical
organizations.
D- The estimates of the commercial and agreements results and its benefits on the
national economic.
E- The coordinates with foreign affairs ministry in sets-up the commercial supplements
and opens-up the commercial centers and supervise them, when that is necessary and
that will be in the Arabic countries and other countries of the world and fixing
its missions and being fixed by the ministers decision.
F- The participating and supervises on the sets-up and supervises on sets-up the
commercial centers and the specialized markets internally and externally, with coordinate
with other competent sources.
The Fifth chapter
Article (7): The goods importing
shall be subject to the previous license which being granted by the ministry before
the goods purchase and shipment and the import being restricted other than sets-up
country except in the cases which decides by the ministry.
Article (8):
1. The exception from the import license which has been mentioned in the article
(7), includes the following goods:
A- The weapons and armies and the military’s equipment which being imported by the
government under the title of the defense ministry and ministry of interior and
the security.
B- The samples and the ideals as well as languages and the personal furniture whether
sent or accompanied the ordinary citizens from abroad include the students and the
Yemen’s immigrants has included into the value which has fixed by the execution
list.
C- Free the goods from the custom as well as these goods which has excepted due
to the necessity or the economic agreements.
D- The goods, which have imported being, organized according to the others potential
rules.
E- Any good that cabinet’s decisions has been taken regarding them.
2. Without impeachment (violating) act no. (22) dated 1991. The industry ministry
responsible in grants the import’s and export’s licenses to the factories and responsible
to the all processors and the events regarding this license.
Article (9): The minister
has right to declares any administration decisions, regarding the prohibits importing
of the some goods. For the specific period or the fixes of the quantity or the permitted
value from being imported or restricts the with some terms or undertakes other measures
in order to achieves the following goals:
A- The balances the balance of payment.
B- Encourages the investment and the agricultural and industrial production as well
as the national vocational production and protects them form the foreign competition,
which is unequal, or in legal.
C- Increases the number of substituted goods in order to maintain the needs of local
consumption to the catering goods and the production requirements, and the growth
at the minimum cost and in easier way.
D- Executes of the rules and regulations and the policies which are regard the public
security, health and morality as well as apply
the rules and regulations which has been fixed by the Minster. And which regards
the control the goods importing and the classify them and to being sure about its
prices and determine (fix) its import’s conditions and seal them in order to maintain
the public interest.
Article (10): Its is allowed through cabinet’s decision, to stop of the import from
the state or the particular state or restricts it with specific terms and that shall
be, when the international relationship of the Republic have to do so.
Article (11): The import license discipline (system) shall being issued through
the Minster’s decisions according to the execution’s list, have to implicating the
following affairs (matters):
A- The shape of the license and its contents and number of its copies.
B- The method of issues of the license and the authorized (entrusted) sources to
sign over it.
C- The term of validity and the principles and terms to expands it and amends it
and corrects it.
D- The fee of services of the license issuance, expands, amends and corrects it.
E-The rules and regulations of the grants to the import license include the specification
of the trader who has the right of import.
F- The goods that are required in order to be imported, getting the previous acceptance
of other particular sources.
Article (12): The import from the free zones, shall be considered as imported form
abroad and organized it by the execution’s list for this act.
Article (13): Any (food) goods which are imported and unless it in conformity with
the rules of authorized specifications according to the (check-up) testimony (certificate)
has been issued form the accepted international specification source. And the local
check up testimony from the laboratories of quality’s control on the foods in the
Republic which determine its validity and the human consumption, shall not be freeing.
The sixth chapter The
imports organizing
Article (14):The Yemeni imports shall be freed form the import license.
Article (15):With reference to the provisions of the article (14) of this act, the
Minster has the right to make the temporary import and temporary import subject
to the import license or prohibits them or restricts them with some terms and obligations
in order to achieves the following aims:
A- Fixes the imported quantities in order to avoid the lacking in the catering goods
and the production’s entries. B- Classify the Yemen import and controls its quality
in order to maintains its reputation, externally.
C- Organizes the import in order to benefits from the available import’s opportunities
at the most level.
D- Executes the rules and regulations and policies, which are regarding the public,
security, health and the morality.
Article (16): It is allowed through cabinet decision, stop the import or the temporary
import to the state or the particular state or to restricts them with specific terms
when the national interest have to.
Article (17):
A. the ministry has to studies the conditions of the local and external markets
for the sake of develop the imports. And opens the new market for them, as well
as undertakes that measures which are encourages the import and which facilitating
its process and free the imports form the fees and taxes according to the effective
acts.
B- The undertakes of additional measures which are encourage the import, shall be
determined by the Minster’s decision.
Article (18): The terms and conditions, which are regarded the temporary’s import
and the temporary’s entering, without the touch to the effective rules and regulations.
The seventh chapter The obligations, restrictions and penalties
Article (19): The import license’s applicant should submit their application to
the competent administration in the ministry or it’s branches or authorized offices
in governors, in order to gets the previous import’s license before the purchase
goods or shipping them. Which are question of the license and the ministry has the
responsibility to give the final decision concerns the applications of import within
two weeks starts form the date of submitting the application and in the event of
rejection, it must be justifiable.
Article (20):The obtainers of the import license has to execute that terms which
have specified in their licenses and they have to attach themselves with enforced
obligations which were provided by the effective act, rules, and regulations. The
obtainer of the import’s license is restricted with as follows:
A- Seals or surrenders the license to other.
B- Seals the imported good, which are the question of license outside of the Republic,
or surrenders it’s importing or cancels its order before the collect the previous
permission from the ministry. And when the good is legally allowed to be imported
form the country of import or in the case that the value of the good has been exchanged
to the foreign currency.
C- Transfer the imported goods from the country, which has specified in the import
license to the country, which has restricted to import.
D- Import the goods form the countries, which are, has restricted to deal with.
E- Amend or expand or correct any particulars on the import’s licenses after issue
them unless to be form the license’s issuance’s resource.
Article (22) : It is allowed to the Minster to stops granting the import’s license
to any importer or any source which is break the provision of this act and the rules
and regulations which are as issued according to it for the period (duration) not
more than a year and not less than three months.
Article (23) : The acts breaker subjects to the following:
A- Each one who violets the provision of the article (19, 20) of the this act shall
be punished and that shall be through return back the goods or forfeit which its
maximum end (20%) twenty percent of the goods value or the goods where of violating
is. And the decision shall be declared from the cabinet according to the order of
the Minster which determines the sort of the violates or the payable forfeit on
it.
B- In addition to the said penalties in the article (22) each one who is violates
the provision of the article (21) of the act, shall be paid a forfeit not exceeding
to (40%) forty percent of the good’s value. .
C- The penalties which has referred in paragraphs (A, B) of this article shall multiplied
in the case of repeats of the violating.
Article (24): In the case of the refusal of the act’s breaker of pays the forfeit
which has incurred on him, the identification’s source in the ministry, shall undertake
legal measures and pass it to competent court.
The eighth chapter Final
and general provisions
Article (25): The ministry shall be the competent area regards all the foreign trade
and with reference to the provisions which said in the investment act.
Article (26): It is possible that Minster can entrusts any other official location
to practice some of competencies of the ministry in order execute some of the deals
which are regarding the import license or control the impeachment to the rules and
regulations of the imports and export.
Article (27): The branches and offices of the ministry shall be entrusted in providing
the import and export’s license and this shall be managed by the Minster’s decisions.
Article (28): The execution’s list shall be issued through the Republic decree and
that shall be after the agreement of the cabinet and according to the Minster’s
order.
Article (29): The law (21) dated (97) and its amendment which has issued in Aden
dated 10/ the 1st Rabei 1391 H which correspond to 5 May 1971, has been cancelled.
And decision in act (23) dated 1975, has been cancelled which has issued in Sana’a
dated 13, Shaban 1395 H correspond to 20 Aug. 1975 and any text or judgment which
in contradictory with the provision of this act, shall be cancelled.
Article (30): The act shall be worked by since the date of its issuance and shall
be published in the official newspaper.
It has been issued in the republic’s presidency Sana’a dated 24/ Shabban 1412 H
correspond 27 Feb. 1992
Ali Abdullah Saleh
The
Presidency Council’s President
|