Indonesia – Importation of Horticultural
Products,
Animals and Animal Products
Request for Consultations by the United States
The following communication,
dated 8 May 2014, from the delegation of the United States to the delegation of
Indonesia and to the Chairperson of the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
_______________
My authorities have instructed
me to request consultations with the Government of the Republic of Indonesia
("Indonesia") pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994
("GATT 1994"), Article 19 of the
Agreement on Agriculture ("Agriculture Agreement"),
Article 6 of the Agreement on Import
Licensing Procedures ("Import Licensing Agreement"), and
Articles 7 and 8 of the Agreement on Preshipment
Inspection concerning certain measures imposed by Indonesia on the
importation of horticultural products,[1]
animals, and animal products[2]
into Indonesia.
As described below,
Indonesia: (1) imposes prohibitions or
restrictions on imports of horticultural products, animals, and animal
products; (2) imposes unjustified and trade-restrictive non-automatic import
licensing requirements on imports of such products; (3) accords less favorable
treatment to imported products than to like products of national origin; (4)
has imposed unreasonable and discriminatory preshipment inspection
requirements; and (5) has failed to notify and publish sufficient information
concerning its import licensing measures.
[1] The
relevant Indonesian measure defines horticulture as "all matters relating
to fruits, vegetables, plant medicinal materials, and floriculture" and
horticultural products as "all products originating from fresh or
processed horticultural plant."
Ministry of Trade (MOT) Regulation 16/2013, Articles 1(1) and 1(2) as
amended by MOT Regulation 47/2013.
[2] The
relevant Indonesian measures define animal products as "all materials
originating from animal that are fresh and/or processed for consumption,
pharmaceutical, farming, and/or other purposes for fulfilling the needs and
welfare of human." MOT Regulation
46/2013, Article 1(5). The Indonesian
measures at issue also cover "carcasses, meats, edible offals, and/or
their derivatives." Ministry of
Agriculture (MOA) Regulation 84/2013.