WT/DS529/18  
 
7 October 2020  
(20-6835) Page: 1/2 
  Original: English  
 
 
AUSTRALIA – ANTI -DUMPING MEASURES ON A4 COPY PAPER  
UNDERSTANDING BETWEEN AUSTRALIA  AND INDONESIA  
REGARDING PROCEDURES UNDER ARTICLES 21  
AND 22 OF THE DSU  
The following communication, dated 2 October 2020 , from the delegation of Australia  and the 
delegation of Indonesia  to the Chairperson of the Dispute Settlement Body, is circulated at the 
request of these delegations.  
 
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On 27 January 2020, the Dispute Settlement Body (DSB) adopted its re commendations and rulings 
in the dispute Australia – Anti-Dumping Measures on A4 Copy Paper ( WT/DS529). Pursuant to 
Article  21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes 
(DSU), Indonesia and Australia agreed that  the period of time to implement the DSB 
recommendations and rulings would be eight months, expiring on 27  September 2020, with an 
extension of one month in the event of unavoidable delays. During the implementation period, 
Australia has conducted a review  of the anti -dumping measures at issue in this dispute, within the 
framework of Australia's anti -dumping system, taking into account the recommendations and rulings 
of the DSB.  
 
Indonesia and Australia (collectively "the Parties") have agreed on the follow ing procedures for the 
exclusive purposes of this dispute. They are designed to facilitate the resolution of the dispute and 
reduce the scope for procedural disputes and are without prejudice to either Party's views on the 
correct interpretation of the DSU : 
 
1. Should Indonesia consider that the situation described in Article 21.5 of the DSU exists, 
Indonesia will request that Australia enter into consultations with Indonesia. The Parties 
agree to hold such consultations within 20 days from the receipt of t he request. After 
this 20 -day period has elapsed, Indonesia may request the establishment of a panel 
pursuant to Article  21.5 of the DSU at any time.  
 
2. At the first DSB meeting at which Indonesia's request for the establishment of an 
Article  21.5 panel appears on the agenda, Australia will accept the establishment of that 
panel.  
 
3. The Parties will cooperate to enable the Article 21.5 panel to circulate its report within 
90 days of the panel's establishment, excluding such time during which the pa nel's work 
may be suspended pursuant to Article 12.12 of the DSU.  
 
4. Either Party to the dispute may request the DSB to adopt the report of the Article  21.5 
panel at a DSB meeting held at least 20 days but within 60 days after the circulation of 
the repor t to the Members, unless either Party appeals the report.  
 
5. In the event of an appeal of the Article 21.5 panel report, the Parties will cooperate to 
enable the Appellate Body to circulate its report to the Members within no more than 
90 days from the da te of notification of the appeal to the DSB.  
 WT/DS529/18  
 
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  6. The Parties agree that if, on the date of the circulation of the panel report under 
Article  21.5 of the DSU, the Appellate Body is composed of fewer than three Members 
available to serve on a division in an appeal in these proceedings (hereinafter referred 
to as "non -functioning Appellate Body"), either Party may appeal the Article 21.5 panel 
report through resort to the arbitration mechanism outlined in Article 25 of the DSU. In 
these circumstances, the Part ies will agree to Article 25 arbitration procedures to be 
used in the event of an appeal, before the Article 21.5 panel report is issued to the 
Parties (but noting the Parties would only resort to Article 25 arbitration if there was a 
non-functioning Appel late Body on the date of circulation of the Article 21.5 panel 
report). The Parties will notify all Members of their agreement to resort to arbitration 
sufficiently in advance of the actual commencement of the arbitration process. In the 
event of an appeal  through resort to arbitration pursuant to Article 25 of the DSU, the 
Parties will cooperate to enable the arbitrators to notify the award to the DSB and the 
Council or Committee of any relevant agreement within no more than 90 days from the 
date of notifi cation of the appeal to the DSB.  
 
7. Indonesia may request authorization to suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU only in the event that the DSB rules as a result of a 
proceeding under Article 21.5 of the DSU that a m easure taken to comply does not exist 
or is inconsistent with a covered agreement.  Australia will not assert that Indonesia is 
precluded from obtaining such DSB authorization because its request was made outside 
the time period specified in the first sente nce of Article 22.6 of the DSU. This is without 
prejudice to Australia's right to have the matter referred to arbitration in accordance 
with Article 22.6 of the DSU.  
 
8. If Indonesia requests authorization to suspend concessions or other obligations 
pursua nt to Article 22.2 of the DSU, Australia will have the right to object under 
Article  22.6 of the DSU to the level of suspension of concessions or other obligations 
and/or claim that the principles and procedures set forth in Article 22.3 of the DSU have 
not been followed. In the event of such objection, the matter will be referred to 
arbitration pursuant to Article 22.6 of the DSU.  
 
9. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to 
circulate its decision within 60 days of the referral to arbitration.  
 
10. If any of the original panelists is not available for either the Article 21.5 compliance 
panel or the Article 22.6 arbitration (or both), or any person serving in such proceedings 
becomes unavailable to serve, the Parti es will promptly consult on a replacement, and 
either Party may request the Director -General of the WTO to appoint, within ten days 
of being so requested, a replacement for the proceeding or proceedings in which a 
replacement is required. If an original pa nelist is unavailable to serve in either of the 
proceedings, or a person serving in such proceeding becomes unavailable to serve, the 
Parties will further request that, in making this appointment, the Director -General seek 
a person who will be available to  act in both proceedings.  
 
11. The Parties will continue to cooperate in all matters related to these agreed procedures 
and agree not to raise any procedural objection to any of the steps set out herein. If, 
during the application of these procedures, the Parties consider that a procedural aspect 
has not been properly addressed in these procedures, they will endeavour to find a 
solution within the shortest time possible that will not affect the other aspects and steps 
agreed herein.  
 
12. These agreed proced ures are of less -than-treaty status, and in no way prejudice other 
rights of either Party to take any action or procedural step to protect its rights and 
interests, including recourse to any of the provisions of the DSU.  
 
13. This document will be executed  in 2 (two) original copies. Each Party will receive 1 (one) 
original copy, all of which will be equally valid.  
 
 
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