Indonesia - Importation of Horticultural Products, Animals and Animal Products - Request for consultations by United States

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.