日期: | 2015/04/24 |
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作者: | Indonesia |
文件編號: | G/TRIMS/W/157 |
附件下載: | GTRIMSW157.doc |
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Replies to Questions from
The following communication, dated 15 April 2015, is being circulated at the request of the Delegation of Indonesia.
_______________
We
refer to the
Questions
Article 22
of the Trade Law states that "the promotion of Domestic Product
consumption […] shall be carried out
through alignment by way of promotion, introduction or marketing and setting
out a requirement to use Domestic Product".
1.
How
will
Reply
The Trade Law and
the Industry Law are formulated in the spirit of strengthening the national economy, taking into account the Indonesian commitments to the WTO rules. Furthermore,
GATT Art. XVIII clearly stipulates the rights of Members in the early
stages of development to pursue development interests to improve the low standads of living.
Obligation to use
domestic goods and services will be reserved only for goverment procurement. Indonesia is not party to the Government Procurement Agreement in the WTO.
2.
Does
Reply
The provision applies
to all sectors across economy and for all regions in Indonesia.
3.
Can
Reply
The Government is
responsible to provide and ensure the availability of Basic Goods and Essential
Goods in sufficient quantity, affordable price and excellent quality for the
sake of public welfare, development, and national security.
4.
In
addition, could measures aimed at "controlling" these goods take the
form the import and export restrictions?
Reply
No, "Controling"
means that the Government takes the responsibility and therefore must ensure
the availability of Basic Goods and Essential Goods in sufficient quantities
and affordable price for the people. Various measures which may be taken by the
Government, as and when necessary, to attain this responsibility will take into
account the Indonesian commitment to the WTO rules.
Canada
notes that throughout the Trade Law,
5.
Is
Reply
The elucidation of Article 25 of the Trade Law provides definition and examples of the goods that fall under these categories. Basic Goods means goods that are exceptionally needed to serve the livelihood of the public as well as are supporting element of public welfare such as rice, sugar, cooking oil, eggs and milk. Essential Goods means strategic goods which have important role in determining the continuity of national development such as fertilizer, cement as well as oil and gas.
6.
Could
Reply
According to Article
121 of the Trade Law, Implementing Regulations to this Law; either in the form
of Government Regulation, Presidential Regulation, or Ministerial Regulation;
shall be completed not exceeding 2 (two) years after the promulgation of the
Law. The Law was signed, promulgated and entered into force on 11 March 2014.
7.
To
what degree will the business community be consulted with regards to the
drafting of the implementing legislation?
Reply
All stakeholders
including business community will always be engaged in the process of drafting
the implementing regulations.
8.
What
consultation has occurred already with regards to the Trade Law itself?
Reply
Consultation with
stakeholders had been regularly conducted before the Trade Law was signed.
9.
Are
English versions of these Laws available publicly? (If not), does
Reply
Official translation
of these Laws is not yet available and still in the drafting process.
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