Manual práctico | Reglamentaciones comerciales en el Oriente Medio
   
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  Yemen Import Regulation
1. Local representation / agents and distributors agency legislation
2. Labelling regulations
3. Exchange controls
4. Import controls
5. Export Controls
6. Documentation
7. Customs duties
  1. Local representation / agents and distributors agency legislation
  In general a locally-based distributor or agent will have a better understanding of the marketplace than staff from the foreign company who visit Yemen only occasionally.
  An aggressive campaign carried out in conjunction with the local distributor or Agent is probably the best marketing strategy.
  It is not a legal requirement to appoint an agent unless a foreign company is involved in a government tender for vehicles, machinery or equipment.
  Agents should be appointed with care.They should be appointed on a 12 months trial basis or, if more appropriate, on a project by project basis. The letter of appointment should state the duration of the agency (it is advisable not to enter into an open-ended relationship) and the percentage of commission.
  There are two types of Agent in Yemen: the Importing Agent and the Commission Agent.

The Importing Agent's duties are:
  • To place orders to satisfy the local market.

  • To raise Letters of Credit to enable the principal to execute orders for goods.

  • To provide maintenance and spare parts for machinery and equipment.

  • To establish a distribution network and provide suitable vehicles for distribution.
The Commission Agent's duties are:
  • To notify the principal of any tender on the day of announcement or in advance, if possible.

  • To purchase tender documents and to promptly deliver them to his principal.

  • To clarify any vague specifications or conditions in the tender document.

  • To obtain the bid bond from the bank. To submit it along with the bid to the client and attend the envelope opening ceremony.

  • To follow up the bid with the client and notify the principal as to who the competitors are and thereafter keep him up-to-date on progress.

  • To assist the principal in understanding the local laws and regulations, avoiding loopholes and give guidance as to how to execute the contract. The Agent would also be expected to provide office facilities for the principal.
The normal rate of commission for a Commission Agent is:
  • 2 - 3% if the contract's total value is over US$1million

  • 4 - 5% if the contract's total value is between US$500,000 and US$1 million

  • 5 - 10% if the contract's total value is less than US$500,000.
  There is nothing unusual in an Importing Agent representing two or three competing brands of product.
Some of the larger trading houses cope with this by creating subsidiary companies. In some cases principals, despite having an Agent, may export their products directly to end-users.
  Should a dispute occur between a principal and his Agent, any correspondence relating to the dispute should be copied to the Ministry of Supply and Trade. It is recommended that commercial disputes should, if at all possible, be settled out of court. The local Chamber of Commerce might be able to help.
  2. Labelling regulations
  The production and expiry dates, in both Arabic and English must be printed clearly on the packaging of all foodstuff or pharmaceutical products imported into Yemen.
  For all other products, GCC or international standards apply.
  Imported beef and poultry products require a health certificate from the UE and a halal certificate issued by an approved Islamic centre in the manufacturer country.
  3. Exchange controls
  There are no restrictions on the import of foreign currency into Yemen.
Central Bank approval must be sought if exporting foreign currency in excess of US$10,000.
  4. Import controls
  Information about import duties, import control regulations and other relevant legislation can be obtained from either your commercial attache in Yemen.
  5. Export Controls
  The Europeans Government maintains export controls to prevent the export of goods, including technology, for a variety of reasons including:
  • the collective security of the European States and its allies in NATO

  • national security and foreign policy requirements

  • international legal obligations and commitments
  • non-proliferation policy

  • concerns about terrorism

  • internal repression

  • other human rights violations
If goods or technologies are subject to your States export controls, a licence is required to gain the legal authority to export them.
  6. Documentation
  The following documents must be presented to Customs Officers on importation:
  • Bill of lading

  • Delivery order from the company

  • Insurance certificate

  • Purchase invoice

  • Packing list

  • Certificate of origin (this is not always required)
  7. Customs duties
  Customs Duties are charged according to the value of the goods - ex-works price, shipment charges and insurance:
  • Raw materials -5%

  • Semi-manufactured materials -10%

  • Ready materials -15%

  • Highest rate of Duties -25%
  Commercial samples and Temporary Imports
  • These are carried by the visitor and the details are recorded in the visitor's passport. The note is deleted when the samples are taken out of the country.

  • Where significant quantities of samples are being imported (eg for an exhibition) the Customs Authority will require the company, or its Yemeni Agent, to provide a bank or cash guarantee covering the liability to customs duty and taxes. If any of the samples are sold or disposed of a deduction will be made and the balance of the guarantee returned.