Daily Rules, Proposed Rules, and Notices of the Federal Government
If (as explained below) the comment contains confidential information, then the comment should be submitted by fax only to Sandy McKinzy at (202) 395-3640.
USTR is providing notice that consultations have been requested pursuant to the WTO
On January 10, 2013, the United States requested consultations concerning certain measures imposed by Indonesia on the importation of horticultural products, animals and animal products into Indonesia. Indonesia subjects the importation of horticultural products, animals and animal products into Indonesia to non-automatic import licenses and quotas, thereby restricting imports of goods. In particular, Indonesia imposes an import licensing regime for horticultural products and for animal and animal products pursuant to which an importer must complete multiple steps prior to importing those products into Indonesia.
The legal instruments through which Indonesia imposes and administers these measures include but are not limited to the following instruments: Law of the Republic of Indonesia Number 13 of Year 2010 Concerning Horticulture; Regulation of the Minister of Agriculture Number 60/Permentan/OT.140/9/2012; Regulation of the Minister of Trade Number 30/M-DAG/PER/5/2012 Regarding Provisions on Import of Horticultural Products; Regulation of the Minister of Trade Number 60/M-DAG/PER/9/2012 Regarding Second Amendment of Regulation of the Minister of Trade Number 30/M-DAG/PER/5/2012 Regarding Provisions on Import of Horticultural Products; Law of the Republic of Indonesia Number 18/2009 on Animal Husbandry and Animal Health; Regulation of the Minister of Agriculture Number 50/Permentan/OT.140/9/2011 Concerning Recommendation for Approval on Import of Carcasses, Meats, Edible Offals and/or Processed Products Thereof to Indonesian Territory; and Regulation of the Minister of Trade Number 24/M-DAG/PER/9/2011 Concerning Provisions on the Import and Export of Animal and Animal Product. The legal instruments also include any amendments, related measures, or implementing measures.
These licensing regimes have significant trade-restrictive effects on imports and are used to implement what appear to be WTO-inconsistent measures. The multi-step licensing process appears to be more administratively burdensome than absolutely necessary to administer the measure. The issuance of licenses appears to be delayed or refused by the Indonesian authorities on non-transparent grounds. The Indonesian licensing measures do not inform traders of the basis for granting licenses. The licensing regimes do not appear to be administered in a uniform, impartial and reasonable manner, because the measures are applied inconsistently and unpredictably.
Through these measures, Indonesia appears to have acted inconsistently with its obligations under the
1. Articles X:3(a) and XI:1 of the GATT 1994;
2. Article 4.2 of the Agriculture Agreement; and
3. Articles 1.2, 3.2 and 3.3 of the Import Licensing Agreement.
Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit public comments electronically to
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Any comment containing confidential information must be submitted by fax. A non-confidential summary of the confidential information must be submitted at
Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement proceeding, docket number USTR-2013-0002, accessible to the public at
The public file will include non-confidential comments received by USTR from the public regarding the dispute. If a dispute settlement panel is convened, or in the event of an appeal from such a panel, the following documents will be made available to the public at