YEMEN
Since April 1991, last amended in October 1996
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Telecommunications Law No. 38/1991 Pertaining to Wired and Wireless Telecommunications
القرار الجمهوري بالقانون رقم (38) لسنة 1991م بشأن القانون الأساسي للاتصالات السلكية واللاسلكية
القرار الجمهوري بالقانون رقم (38) لسنة 1991م بشأن القانون الأساسي للاتصالات السلكية واللاسلكية
Yemen does not have a standardised licensing framework for telecommunications services. Law No. 38 of 1991 Pertaining to Wired and Wireless Telecommunications, which is the main law regulating the telecom sector, has reportedly become outdated and inadequate for regulating modern technologies and mobile services. According to Art. 23, no person may establish a wireless transmission station or install or operate any wireless equipment within the territory of Yemen unless duly authorised or licensed under the Law. However, there is no framework available to grant this authorisation. The law also establishes that the Ministry of Telecommunications and Information Technology (MoTIT) is responsible for ensuring the provision of telecommunications services throughout the Republic of Yemen, and it is empowered to license and authorise any natural or legal person to establish, operate, or use telecommunications networks within Yemen or between Yemen and other countries (Art. 3).
Since 2014, the country has experienced an administrative division of MoTIT, resulting in the coexistence of two separate governing authorities within MoTIT with overlapping mandates, namely the Internationally Recognised Government (IRG) in Aden and the De Facto Authorities (DFA) in Sana’a. Each authority has issued its own resolutions and decisions, such as the DFA’s Cabinet Resolution No. 7 of 2015 on mobile operator licensing and Decision No. 168 of 2016 on telecommunications numbering management, leading to inconsistent and at times conflicting regulatory practices within the country. This resulted in fragmentation and a lack of transparency. It is reported that private operators are regulated through individual, asymmetrical licensing agreements that are often outdated, inconsistently renewed, and issued without clear or transparent procedures, further contributing to regulatory uncertainty.
Since 2014, the country has experienced an administrative division of MoTIT, resulting in the coexistence of two separate governing authorities within MoTIT with overlapping mandates, namely the Internationally Recognised Government (IRG) in Aden and the De Facto Authorities (DFA) in Sana’a. Each authority has issued its own resolutions and decisions, such as the DFA’s Cabinet Resolution No. 7 of 2015 on mobile operator licensing and Decision No. 168 of 2016 on telecommunications numbering management, leading to inconsistent and at times conflicting regulatory practices within the country. This resulted in fragmentation and a lack of transparency. It is reported that private operators are regulated through individual, asymmetrical licensing agreements that are often outdated, inconsistently renewed, and issued without clear or transparent procedures, further contributing to regulatory uncertainty.
Coverage Telecommunications sector
Sources
- https://www.theigc.org/sites/default/files/2023-08/Fadhl%20and%20Sacchetto%20Final%20report%20February%202023_EN_0.pdf
- https://web.archive.org/web/20230907043350/http://www.yemen-nic.info/db/laws_ye/detail.php?ID=11317
- https://www.wto.org/english/thewto_e/acc_e/yem_e/wtaccyem4a1_leg_16.pdf
- Show more...
YEMEN
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Yemen has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
YEMEN
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Yemen has a telecommunications authority, the Ministry of Telecommunications and Information Technology (MoTIT), which, however, is not fully independent from the government in its decision-making process. Since 2014, the country has undergone an administrative division, resulting in the coexistence of two separate governing authorities. The Internationally Recognised Government (IRG) operates from Aden, while the De Facto Authorities (DFA), based in Sana’a, oversee much of northern Yemen. Both entities maintain parallel institutional structures, including ministries, regulatory bodies, and revenue systems. As a result, the telecommunications sector is now institutionally divided, with two distinct institutions.
Coverage Telecommunications sector
YEMEN
Since April 2012
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 13 of 2012 regarding the Right of Access to Information
(قانون رقم (13 ) لسنة 2012م بشأن حق الحصول على المعلومات)
(قانون رقم (13 ) لسنة 2012م بشأن حق الحصول على المعلومات)
Art. 53 of Law No. 13 of 2012 regarding the Right of Access to Information states that personal data must not be shared with any state or third party that lacks equivalent legal measures to protect privacy.
Coverage Horizontal
YEMEN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Yemen has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
YEMEN
Since April 2012
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 13 of 2012 regarding the Right of Access to Information
(قانون رقم (13 ) لسنة 2012م بشأن حق الحصول على المعلومات)
(قانون رقم (13 ) لسنة 2012م بشأن حق الحصول على المعلومات)
Law No. 13 of 2012 regarding the Right of Access to Information establishes a comprehensive framework for data protection in Yemen. It delineates individuals’ rights to access information, the corresponding obligations of organisations to uphold these rights, and the requirement for the appointment of a designated officer within organisations to oversee the collection and use of personal data. In addition, it prescribes security standards for safeguarding information and sets out specific organisational responsibilities regarding the handling of personal information.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250716212542/https://yemenparliament.gov.ye/Details?Post=171
- https://web.archive.org/web/20210502160009/http://www.right2info.org/resources/publications/laws-1/laws_yemen
- http://web.archive.org/web/20250923025913/https://www.dataguidance.com/jurisdictions/yemen
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ye
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YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Yemen has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Yemen has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Yemen lacks a comprehensive legal framework providing effective protection of trade secrets, although limited provisions addressing certain aspects are contained in Arts. 29–32 of Act No. 2 of the Year 2011 Relating to Patents, Utility Models, Integrated Circuit Layouts and Undisclosed Information. The Act defines undisclosed information and establishes protection where the information is secret, derives commercial value from its secrecy, and is subject to reasonable measures to maintain its confidentiality. However, the Act does not establish penalties, remedies, or procedural safeguards for breaches of confidentiality, nor does it provide enforcement mechanisms to ensure effective protection.
Coverage Horizontal
YEMEN
Since February 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Regulations Governing Access to and Shared Use of the Infrastructure of Towers and Radio Sites for Public Communications Networks, Yemen
لائحة تنظيم النفاذ والتشارك في استخدام البنية التحتية للأبراج والمواقع الراديوية لشبكات الاتصالات العامة
لائحة تنظيم النفاذ والتشارك في استخدام البنية التحتية للأبراج والمواقع الراديوية لشبكات الاتصالات العامة
Art. 6 of the Regulations Governing Access to and Shared Use of the Infrastructure of Towers and Radio Sites for Public Communications Networks in Yemen mandates infrastructure sharing for licensed operators. All licensed telecom operators are required to prepare a reference offer, provide access services on neutral, transparent and non-discriminatory terms, and, pursuant to Art. 6.8, enter into direct and immediate negotiations with any licensed operator requesting such services.
Art. 3 sets out the objectives of these Regulations, which include reducing network duplication and promoting cooperation among licensed operators by enabling both passive and active infrastructure sharing. Art. 5 further defines the sharing modalities, namely passive sharing (e.g. sites, towers, power, cooling, shelters) and active sharing (e.g. antennas, BTS/eNodeB and other radio network elements), which are subject to conditions approved by the Ministry.
Art. 3 sets out the objectives of these Regulations, which include reducing network duplication and promoting cooperation among licensed operators by enabling both passive and active infrastructure sharing. Art. 5 further defines the sharing modalities, namely passive sharing (e.g. sites, towers, power, cooling, shelters) and active sharing (e.g. antennas, BTS/eNodeB and other radio network elements), which are subject to conditions approved by the Ministry.
Coverage Telecommunications sector
Sources
- https://mtit.gov.ye/co_sub_ministry_image/32-%D9%84%D8%A7%D8%A6%D8%AD%D8%A9%20%D8%AA%D9%86%D8%B8%D9%8A%D9%85%20%D8%A7%D9%84%D9%86%D9%81%D8%A7%D8%B0%20%D9%88%D8%A7%D9%84%D8%AA%D8%B4%D8%A7%D8%B1%D9%83%2...
- https://mtit.gov.ye/ministry_info.aspx?md=32&sd=%D9%84%D9%88%D8%A7%D8%A6%D8%AD%20%D9%88%D8%B2%D8%A7%D8%B1%D9%8A%D8%A9
YEMEN
Reported in 2021, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Local representative requirement for foreign applicants
It is reported that foreign patent applicants are required to file their applications through an attorney or agent registered in Yemen. Moreover, a power of attorney duly legalised by a Yemeni consulate must be submitted either at the time of filing or within two months from the date of filing the patent application in the country.
Coverage Horizontal
YEMEN
Reported in 2021, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Requirement to submit documents in local language
It is reported that all patent applications must be submitted in Arabic. The filing of patent applications in a foreign language is generally not permitted.
Coverage Horizontal
YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Yemen is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
YEMEN
Since July 2012
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 15 of 2012 on the Protection of Copyright and Related Rights
قانون حماية حق المؤلف والحقوق المجاورة
قانون حماية حق المؤلف والحقوق المجاورة
Yemen has a copyright regime under Law No. 15 of 2012 on the Protection of Copyright and Related Rights. However, the exceptions do not follow a fair use or fair dealing model, thereby limiting lawful third-party use. Arts. 40–46 list exceptions, including personal use (copying, translation, quotation, or TV viewing); library and educational copying for study, research, preservation, or replacement; and making a backup copy of computer software.
Coverage Horizontal
YEMEN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
4.46%
Coverage rate of zero-tariffs on ICT goods (%)
9.82%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://www.wto.org/english/tratop_e/inftec_e/ita_map_e.htm
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
