WT/DS406/16  
 
27 June 2014  
(14-3711)  Page: 1/2  
  Original: English  
 
 UNITED STATES – MEASURES AFFECTING THE PRODUCTION 
AND SALE OF CLOVE CIGARETTES 
RECOURSE TO ARTICLE 22.6 OF THE DSU BY INDONESIA 
Communication from the Arbitrator 
The following communication, dated 24 June 2014, has been received from the Chairman of the 
Arbitrator with the request that it be circulated to the Dispute Settlement Body. 
 
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 I would be grateful if you could circulate the following communication to the Dispute 
Settlement Body:   
In a communication dated 23 June 2014, the United States and Indonesia jointly 
requested the Arbitrator to suspend the circulation of its decision (see the request attached). 
The parties requested that the Arbitrator set the following conditions for such a 
suspension: (i) the suspension can be terminated at any time, at the written request o f  e i t h e r  P a r t y ,  a n d  u p o n  s u c h  t e r m i n a t i o n  the Arbitrator will circulate the decision 
following notice to the Parties as set out in these conditions; (ii) no decision of the 
Arbitrator shall be circulated while the suspension is in place, and the confidentiality of 
any draft decision shall be maintained until the decision is circulated; (iii) upon the termination of such a suspension the Arbitrator shall provide the Parties with at least 
one week's advance notice of the date of circulation of any decision; and (iv) the 
suspension is without prejudice to either Party’s rights or arguments in these dispute settlement proceedings. 
The Arbitrator has granted the parties' joint request to suspend the circulation of its 
decision in accordance with the conditions set forth above. 
 
 
 WT/DS406/16 
 
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  Communication dated 23 June 2014, 
Addressed to Mr Ronald Saborío So to, Chairperson of the Arbitrator, 
from the delegations of Indonesia and the United States 
 
 
 
 Indonesia and the United States (the "Parties") wish to thank you and the other members of 
the Arbitrator for agreeing to serve in the above-referenced proceeding. 
 
 Indonesia and the United States would like to inform the Arbitrator that the Parties have engaged in informal discussions with respect to  this dispute. In this context, the Parties 
respectfully request the Arbitrator to suspen d the circulation of the Arbitrator’s award. 
      The Parties further request the Arbitrator to set the following conditions for such a suspension:  
  
 the suspension can be terminated at any time, at the written request of either 
Party, and upon such termination the Arbitrator will circulate the award following 
notice to the Parties as set out in these conditions; 
 no award of the Arbitrator shall be circulat ed while the suspension is in place, and 
the confidentiality of any draft award shall be maintained until the award is 
circulated;  
 upon the termination of such a suspension  the Arbitrator shall provide the Parties 
with at least one week’s advance notice of the date of circulation of any award; 
and  
 the suspension is without prejudice to eith er Party’s rights or arguments in these 
dispute settlement proceedings. 
 
The Parties appreciate the Arbitrator’s consideration of this request. 
 
 
(Signed) 
 
  
 
 
H.E. Mr. Syafri Baharuddin 
Ambassador 
Permanent Mission of Indonesia (Signed) 
 
  
 
 
H.E. Mr. Michael Punke 
Ambassador 
Permanent Mission of the United States 
 
  
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