INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
Status Report regarding implementation of the
dsb recommendations and rulings
The following communication, dated 17 January 2019, from the delegation of Indonesia to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Indonesia is submitting this report pursuant to Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
On 22 November 2017, the Dispute Settlement Body (DSB) adopted the recommendations and rulings in respect of the panel and Appellate Body reports in "Indonesia – Importation of Horticultural Products, Animals and Animal Products" (WT/DS477/DS478). In the DSB meeting on 28 February 2018, Indonesia informed the DSB that it intended to implement the DSB recommendations and rulings in these disputes, but that it would need reasonable period of time to do so.
Pursuant to Article 21.3 (b) of the DSU, Indonesia, the United States and New Zealand have mutually agreed on the reasonable period of time to implement the DSB recommendations and rulings that expired on 22 July 2018. Nevertheless, with regard to the DSB’s recommendations and rulings concerning Measure 18, Indonesia, the United States and New Zealand also have mutually agreed that Indonesia will have more time to make statutory changes to comply with the DSB recommendations and rulings in these disputes. Accordingly, the United States and New Zealand will not initiate further proceedings concerning Measure 18 until at least 22 June 2019.
Indonesia would like to inform the DSB that it has taken appropriate steps to implement the DSB recommendations and rulings in these disputes within the reasonable period of time agreed by the parties. To this end, Indonesia has issued amended regulations that address measures found to be inconsistent with the WTO obligations as set out below:
For measures 1 – 9, i.e. the measures concerning the importation of horticultural products, Indonesia has issued two regulations namely the Minister of Agriculture Regulation No. 24/2018 and the Minister of Trade Regulation No. 64/2018. These regulations came into force on 6 June 2018 and 31 May 2018, respectively.
For measures 10 – 17, i.e. the measures concerning the importation of animals and animal products, Indonesia has also amended previous relevant regulations by the Minister of Agriculture Regulation No. 23/2018 and the Minister of Trade Regulation No. 65/2018 which came into force on 24 May 2018 and 31 May 2018, respectively.
In addition, for transparency purposes, Indonesia has also notified these regulations to the Committee of Import Licensing on 15 August 2018 with document number G/LIC/N/2/IDN/39, G/LIC/N/2/IDN/40, G/LIC/N/2/IDN/41, and G/LIC/N/2/IDN/42.
Indonesia has provided to the United States and New Zealand the copies of all relevant regulations as mentioned above.
Indonesia stands ready to maintain constant communication with the United States and New Zealand with respect to any matter relating to the settlement of these disputes.