G/TBT/W/733  
 
13 March  2020 
(20-2012) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
INDONESIA - HALAL PR ODUCT ASSURANCE LAW NO. 33 OF 2014  
STATEMENT BY THE UNITED STATES  TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
26 – 27 FEBRUARY  2020 
The following communication, dated 12 March  2020, is being circulated at the request of the 
delegation of the United States . 
 
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1.  The United States recognizes the importance for Indonesian consumers to know whether 
products are halal. We want to work with you to ensure that the law achieve s your objective without 
creating any unnecessary barriers to trade.  
2.  We thank Indonesia for its response to the U.S. Government and U.S. industry comments on the 
Ministry of Religious Affairs (MORA) Regulation on Implementation of Halal Product Assurance, which 
it notified to this Committee in G/TBT/N/IDN/123 .  
3.  We understand, however, that Indonesia finalized and issued another implementing regulation 
of the Halal Law in early May, Government Regulation 31 of 2019 on "Implementation Provisions of 
Law 33/2014 regarding Halal Product Assurance, " which Indonesia has not notified to this 
Committee. We again ask that Indonesia notify this measure, and any additional implementing 
measures, to the Committee.  
4.  Furthermore, we understand that the Halal Product Assurance Agency is starting to d evelop 
implementing measures and guidance for specific product categories. Can you confirm the following 
list of products are in the scope and the envisioned timeline for the requirements to go into force:  
• October 2024 for "food and beverage products "; 
• October 2026 for "traditional medicine and health supplements, " "cosmetics, chemical 
product and genetically engineered products, " "clothing, headgear and accessories, " 
"household appliances, Muslim worship equipment, stationery and office equip ment, " and 
"goods for medical devices risk class A "; 
• October 2029 for "medicines " and "goods for medical devices risk class B "; 
• October 2034 for "prescription drugs, excluding psychotropic " and "good for medical 
devices risk class C. "? 
5.  We ask that Indonesi a specify what is the envisioned process and timeline for notifying and 
soliciting public comment on the implementing measures regarding the certification, packaging, and 
labeling  requirements for each of these product categories.  
6.  In developing these requi rements, we ask that Indonesia consider the comments we submitted 
expressing concerns as to the feasibility and necessity of requiring that all categories of covered 
products have separate manufacturing, processing, storage, packaging, distribution, and sa le 
facilities for halal versus non -halal products. Will Indonesia consider exemptions for some products 
from these requirements? Further, when will Indonesia clarify which "naturally halal " food and G/TBT/W/733  
 
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  beverage products will be considered exempt from the new Halal Law, including the status of bulk 
shipments?  
7.  We request further information regarding Indonesia 's response to U.S. Government comments 
regarding required labeling  for non -halal products. Can you refer us to the applicable laws and 
regulations from Indonesia 's National Agency of Drug and Food Control (BPOM/NADFC) that are 
referenced in Indonesia 's response? As that refers to requirements for food and cosmetic produc ts, 
what will be the requirements for other product types?  
8.  We request that Indonesia provide sufficient transition time for stakeholders to understand and 
comply with the requirements in these regulations. We understand that the MORA implementing 
regulatio n will allow for phased implementation of mandatory halal certification requirements and 
that Indonesia will continue to allow the sale of non -certified products. Can Indonesia confirm our 
understanding?  
9.  We would like to thank Indonesia for extending the r ecognition of foreign halal certification bodies 
so that halal -certified agricultural products can continue to enter Indonesia uninterrupted during this 
transition time. For the United States, the current recognition of our five U.S. -based halal certifiers  
will begin expiring on 5 June 2020. To ensure the continuation of trade, we strongly urge Indonesia 
to provide clear and timely guidance to foreign certification bodies wishing to apply for continued 
recognition once their current recognition period expir es, and new foreign certification bodies wishing 
to apply for recognition.  
10.  We remain concerned with the mandatory requirement that both "halal" and "non-halal" 
products be labeled. Mandating labels for both halal and non -halal information will create conf usion 
for consumers and will be costly and challenging for companies, both foreign and domestic, to 
implement.  
11.  We understand there is also a registration requirement for each foreign halal certificate included 
in the implementing regulations, including a r equirement that the certificate registration numbers 
be included on the product label. As written, the registration requirement for importers is 
cumbersome, duplicative, and has the effect of restricting trade. Further, we do not see how the 
same registrat ion requirements would apply to local products.  
12.  We request that Indonesia modify this registration requirement to reflect the fact that 
Indonesia 's Halal Product Assurance Agency ( "BPJPH ") will already be conducting verifications of 
foreign halal agencies  issuing halal certificates for imported goods.  
13.  We ask that Indonesia provide greater specificity as to which medical devices will be subject to 
the Halal Law 's implementing regulations. We also ask Indonesia to clarify their response to the 
U.S. medical device industry request to exclude in -vitro diagnostic products made of animal material 
which do not come in contact with the human body from the scope of the Halal Law.  
14.  We are encouraged by Indonesia 's notification of the MORA regulation and urge Indonesi a to 
notify all previous and forthcoming implementing regulations in their draft form prior to their 
finalization and again request transparency as these rules are developed to provide adequate 
transition time, and an opportunity for stakeholder comments.  
 
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