G/LIC/Q/IDN/32  
 
21 May 2014  
(14-3053)  Page: 1/21  
Committee on Import Licensing  Original: English  
 
IMPORT LICENSING SYSTEM OF INDONESIA 
REPLIES FROM INDONESIA TO QUESTIONS FROM CANADA, THE EUROPEAN UNION,  
JAPAN, NEW ZEALAND AND THE UNITED STATES (G/LIC/Q/IDN/30) 
The following communication, dated 13 May 2014, is  being circulated at the request of the 
delegation of Indonesia.  
_______________ 
 
1  ANIMAL AND ANIMAL PRODUCTS 
Ministry of Agriculture (MOA) Regulation 84 of 201 3 and Ministry of Trade (MOT) Regulation 46 of 
2013 are the latest revisions to Indonesia’s import permit system for animal and animal products.  
The United States and other trading partners had raised concerns about the precursor regulations – MOA Regulation 50 and MOT Regulation 24 – in this WTO Committee and in other WTO 
Committees.  We note that we, along with Canada and the European Union, last submitted a series 
of questions, contained in G/LIC/Q/IDN/23, regard ing Indonesia’s import permit system for animal 
and animal products in October 2012.  The United States continues to have a number of questions 
and concerns regarding the complex import permit system, even as the regime has been revised 
under these new regulations.  We note that Indonesia has yet to notify MOT Re gulation 46 and MOA Regulation 84, as required 
by Articles 1.4, 5, 7.3 and 8.2 of the Agreem ent on Import Licensing Procedures (“Import 
Licensing Agreement”).  When does Indonesia intend to do so?  We request that Indonesia provide these copies immediately, preferably in English, of each of the regulations themselves to the WTO 
Secretariat as required under Article 1.4 of the Import Licensing Agreement. 
 Answer 
 We have already notified MoT Regulation No. 46/2013 (G/LIC/2/IDN/19 in Committee on Import Licensing, and MoA Regulation No. 84/2013 will be notified to the Committee 
on Import Licensing immediately. 
 
Pursuant to Article 3.5 of the Import Licensing Agreement, please provide all the relevant information concerning the following: 1) the administration of the import licensing regime under 
MOA Regulation 84 of 2013 and MOT Regulation 46 of 2013; 2) the “Import Recommendation of 
Horticulture Products” and “Import Approvals” grante d over a recent period; 3) the distribution of 
such licensing among supplying countries; 4) import statistics (i.e. value and/or volume) with 
respect to the products subject to import licensing.    
 Answer 
 
MOA Regulation 84 of 2013 and MOT Regulation 46  of 2013 do not regulate the import of 
horticulture but they regulate import  of animal and animal products.  
 
Pursuant to Article 5 of the Import Licensing Procedures Agreement, please state whether the 
import licensing procedure established in MOA Regulation 84 and MOT Regulation 46 is automatic or non-automatic.  If automatic, please provide the reason why Indonesia considers its licenses to 
be automatic in light of the definition contained in  the Import Licensing Procedures Agreement.  If 
the licensing procedure is considered automatic, please identify the licensing procedure’s G/LIC/Q/IDN/32 
 
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  administrative purpose.  If the licensing procedur e is non-automatic, please identify the underlying 
measure being implemented through the licensing procedure.  In either case, please specify the expected duration of the licensing procedure.  
Answer  
 
The import licensing procedure under MoA Regulation No. 84/2013 and MoT Regulation 
No. 46/2013 shall be considered as an automatic import licensing. Under those 
regulations, the license of importation for an imal and animal products may be granted to 
all applicants as long as the applications fu lfil the requirements set in the regulations. 
The approval process of a complete applic ation for the license did not exceed the 
10 days period as required in Art. 2 of th e Agreement on Import Licensing Procedure. 
 In addition, we reserve our right to rais e issues regarding these regulations in 
accordance with additional WTO Agreements , such as the WTO Agreement on Technical 
Barriers to Trade and the Agreement on the Application of Sanita ry and Phytosanitary 
Measures.  
 
General Questions 
 Both regulations note that they resulted from the “Economic Limited Coordination meeting on 
27 August 2013 related to Trading System Policy of Beef, Horticulture and others.”  What is the 
role of the “Economic Limited Coordination” meetin g?  Whom does this group represent?   How 
often does this group meet? What authorities and/or  responsibilities does this group have?  Please 
provide a copy of document Number S-169/M.EKO/ 08/2013 of 27 August 2013 to the Secretariat 
for circulation to Members.  
Answer  
 
 The role of limited coordination meeting is  to discuss the national situation in the 
area of food security.  
 The group Coordinated by Coordinating Minist ry of Economic Affairs and attended by 
representatives of Ministry of Trade, Minist ry of Agriculture, Ministry of Industry 
Ministry of Finance, Ministry of Tr ansportation, BULOG and other concerned 
Ministries.  
 The group meets as needed.  
 The group has the authority to decide approp riate policy/ies related to food security. 
 
What factors did the government consider in determining whether an animal or animal product should be listed in Appendix I or Appendix II of both the MOA 84 and MOT 46?  Also, please 
explain how products not included in either Appendix are treated.  For instance, chicken products 
within HS 0207.13 and 0207.14 are not listed in either MOA 84 or MOT 46.    There are also a 
number of bovine offal products within HS 0206, such as sweetbread, kidneys, tripe and lungs that are not listed in either MOA 84 or MOT 46.   Please explain why these products are not listed.   
 
Answer  
 
Consideration in determining whether animal or animal products should be listed in 
appendix I and appendix II MOA 84/2013 is based on economic purposes and financial 
and trade needs of Indonesia.   
Products under HS 0206, except fancy meat, liver and heart, are not listed in the 
appendix based on the consideration that th e products concerned are not guaranteed to 
fulfill ASUH requirements.  
 
With regard to chicken products (HS 0207.13  and 0207.14), Indonesia remains seriously 
concerns over halalness of food to be co nsumed by most of Indonesian. Managing 
slaughtered chicken based on Islamic law is  a sensitive and very important issue for 
Indonesian Muslim consumers, which is appr oximately 87% of the total population of 
Indonesia.       G/LIC/Q/IDN/32 
 
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  Please also explain why some animal products are only listed on the Appendices to MOA 84 and 
MOT 46 in their frozen, but not fresh form (for example, amongst others, Tri-Tip/Bottom, Sirloin Triangle, Top sirloin, Sirloin Butt, Fillet of loin, Chuck loin, and Short Ribs are listed under  Ex.0202.30.00.00 but not Ex 0201.30.00.00). 
 
Answer  
 
Those animal products which are listed in appendices MOA 84 and MOT 46 based on the 
request of importers concerned.  Pursuant to Article 3.5 of the Import Licensing Agreement, please provide all the relevant 
information concerning the following: 1) the administration of the import licensing regime under 
MOT Regulation 46 and MOA Regulation 84 and; 2) the “Recommendations” and “Import Approvals” granted over a recent period; 3) the distribution of such licensing among supplying 
countries; 4) import statistics (i.e. value and/or volume) with respect to the products subject to 
import licensing.     
Answer  
 
1) The import licensing procedures under MoT Regulation No. 46/2013 are as follow: 
 
a. To obtain import approval, the registered  importers of animal and animal product 
whose imported products are listed on th e first attachment should submit their 
application by electronic to coordinator and UPP with attaching: 
 Determination of registered importer  of animal and animal product; 
 Recommendation from Minister of Agricu lture or appointed officials by the 
Minister of Agriculture for imports of animals and fresh animal products as 
stated under first attachment of covered products. 
b. To obtain import approval , the registered importers of  animal and animal product 
under second attachment of covered prod uct should submit their application by 
electronic to coordinator and UPP with attaching: 
 Recommendation from Minister of Agricu lture or appointed officials by the 
Minister of Agriculture for import of animals and animals product as stated 
under second attachment of this regulation; or 
 Recommendation from the Head of Nation al Agency of Drug & Food Control 
(BPOM) or appointed officials by the Head of BPOM for import of processed 
animal products and recommendation from Minister of Agriculture or appointed 
officials by the Minister of Agriculture for import of processed animal products 
as stated under second attachment of this regulation. 
The Import requirements under MoA Regulation No. 84/2013 are as follow: 
a. Requirement of business operator, social institution, representative of foreign 
countries/international institutio n and state-owned enterprises; 
b. Requirement of country of origin and business unit; and  c. Requirement of packagin g, labelling and forwarding. 
 
The detailed for each requirement stated in Article 6 to Article 18 of this regulation. 
 
2) During the period of December 2013, MoA granted 244 recommendations for 89 
importers.  
3) The distribution among supplying countries will depend on the application received 
by MoA and those countries approved by MoA. 
 
Questions Regarding MOA Regulation 84 
 
CHAPTER I 
GENERAL PROVISION 
Article 1.10 states that “Processed Meat” is meat that has been processed in a specific manner or 
method, with or without additives.   Can Indonesia give examples of what would constitute a qualifying “specific manner or method”? G/LIC/Q/IDN/32 
 
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  Answer  
 
Specific manner or method refers to method  using for instance heating or pressure. 
 
Article 1.19 states that “Importation Business Unit…is a business unit in the country of origin which 
performs production of carcass, meat, offal, and/or their derivative regularly and continuously for 
commercial purposes.”  How does Indonesia define “regularly and continuously”? 
 
Answer  
 The meaning of “regularly and continuous ly” is the business unit concerned must 
produce the same products regularly and continuously.  
 Article 2 
 
This regulation is intended to implement importation to protect public health and inner peace, animal health, and environmental health.  Are domestic producers required to ensure the same 
protections?  What are the domestic legal requirements in this regard?  How do imports harm 
“inner peace”?  Please explain how imports can be implemented to “provide fluidity and certainty for the importation of carcass, meat, offal, and/or their derivative”?  How does Indonesia define 
“fluidity and certainty”?  What does this article intend to accomplish? 
 
Answer 
 
a. Yes. Domestic producers are required the same protections and legal requirements, 
as well as the importers. In accordance with Article 58 (4) Law 18/2009, all animal 
products imported and domestically produc e must have veterinary certificate and 
Halal certificate. Without Veterinary cert ificate and Halal Certificate Indonesian 
consumers cannot be guarantee that the pr oducts to be consumed have fulfilled 
ASUH requirements. In this regard, import ed products could only be imported if 
accompanied by veterinary and Halal Certificate.   
 
The intention of this regulation is to prov ide legal instruments to facilitate importer 
to do their business.  
 
CHAPTER II 
REQUIREMENTS AND IMPO RTATION PROCEDURES 
Part One 
General 
Article 4 
 Please define “social institution”.  What is the difference between a “business operator,” which is permitted to conduct importation and an “importation business unit”?  We note that the MOT 
Regulation 46 does not include similar categories of entities.  Do all of these entities have to 
receive import approval from the Ministry of Trade to import animal and animal products for which they have received recommendations from the Ministry of Agriculture? 
 
Answer 
 
Please find the definition of “Lembaga Sosi al” in Article 6 and Article 22 Para 2 (b) and 
(c) for its qualification of the MoA Regula tion No. 84 of 2013. This answer has been 
provided by Indonesia in Document WT/DS466 dated 23 September 2013.  
All of the entities which are not included  i n  t h e  M O T  4 6  m u s t  h a v e  r e c o m m e n d a t i o n  
before applying for import license.   G/LIC/Q/IDN/32 
 
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  Part Three 
Importation Procedures 
Article 20 
 
Paragraphs (1) and (2): What are the procedures for obtaining the required recommendation “as intended in Article 4 paragraph (6)”? How does an importer find the required application and 
websites for submitting such application?  Where are these published so that an importer can have 
access to the websites?  Are instructions for filling out and submitting the application on-line published?  If so, where?  
 
Answer 
 As stipulated by Article 20 of MoA Regulation No 86/2013 for obtaining the 
recommendation, the applicant must submit an application on-line or direct to the 
Director of Veterinary Public Health and Post-Harvest with a copy to the Director 
General of Livestock and Animal Health.  
 
The required application can be found and th e submission of such application can be 
addressed to the following website: http ://www.kesmavet.ditjennak.deptan.go.id. 
 
Instruction for filling out and submitting th e application on line are published in the 
website: http://www.kesmav et.ditjennak.deptan.go.id. 
 
Article 21 
 We note that the application periods for both the recommendation from the Ministry of Agriculture 
and the import approval from the Ministry of Trad e as provided for under Article 12 of Ministry of 
Trade Regulation 46 of 2013 are in December, March, June and September.  Please confirm that the application period for both the recommendation and the import approval are each open for a 
month.  How are the open application periods announced? How are applications handled – on a 
first come, first serve or simultaneous basis?    Please explain the difference between Article 21(1) and (3).  Paragraph (1) appears to indicate 
that business operators have to submit the app lication for a recommendation in December, March, 
June and September.  But paragraph (3) seems to indicate that business operators can apply “at any time based on the results of the Limited Coordination Meeting.”  
 
When does the Limited Coordination Meeting conven e? What factors will this group consider in 
determining whether to re-open the application process?  How would the new application open 
period be announced?   
 Please explain why there are differences in the application times for business operators 
(paragraph 1), and “social institution” and “representatives of foreign country and international 
institution” (paragraph 2).  
 Answer  
 Application periods for recommendation an d import license approval are December, 
March, June and September.  
 
The application handled on a first come first served basis.   Basically business operators have to submit  the application for recommendation in 
December, March, June and September. Howe ver, if the limited coordination meeting 
decided to import beyond the aforementioned  periods the application can be submitted 
at any time based on the result of the meeting.  
 
The limited coordination meeting conv enes at any time as necessary.  
 G/LIC/Q/IDN/32 
 
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  The limited coordination meeting may consider  to reopen the application process beyond 
the stipulated application period in the event if there is changes in the source of import 
due to occurrence of disease outbreak in th e original source country or to stabilized 
price of carcass, meat, and/or edible offal in the country.  
 
The new application open period will be co mmunicated through the association of meat 
importer.  
 
The differences in the  application times fo r business operators, social institution, 
representatives of foreign country and in ternational institution is based on the 
consideration that the social institution an d representatives of foreign country and 
international institution import the product co ncern normally in a small quantity and not 
to be distributed commercially.   
Article 22 
 
 We note that Registered Importer s (RI) for Animal Products have to provide the certificate of 
business establishment, trading license, company identification card, and tax identification 
number to be designated as an RI for animal products.  Why are companies required to provide such complex information and why must they provide it a second time since it would already have been confirmed as part of the designation process? 
 
 What is the difference between the MOA Veterinary Public Health Technical Recommendation 
and the technical recommendation from the provincial public veterinary health 
department?  Are domestic companies required to obtain both a provincial 
recommendation and a MOA recommendation?   
 Why are registered importers required to prov ide evidence of the ownership of storage and 
transportation when this information is also required for their determination as a registered importer for animal products?   
 
Answer  
 
The MoA Veterinary Public Health technica l recommendations related to country and 
establishment requirements, handling and tran sportation carcass, meat, edible offal 
and/or derivatives from the count ry of origin to Indonesia.  
 
The technical recommendation from the provinci al veterinary public health related to 
technical requirements of storage facilities and transportation vehicle used to store and 
distribute in Indonesia.   
Domestic companies required to obtain both  provincial and MoA recommendation if the 
company concerned imports and distributes imported products.   
The requirements for registered importer to provide evidence of the ownership of 
storage and transportation is intended to guarantee the availability of storage and 
transportation concerned to ensure the qua lity of the products being distributed.  
 
Article 27  Please clarify what “amount” means.  Does it mean the “amount” of imports? Please explain 
further how the amount in the recommendation is stipulated.   What factors are considered by the 
Ministry of Trade in determining the amount?  Does the Ministry of Trade consult with any other agencies in determining this “amount”?   Are these “amounts” published anywhere?  Are applicants 
able to apply for “amounts”?  If so, what is the application process?   
 Furthermore, Article 29 appears to list the elemen ts that are included in the recommendation, but 
this list does not include the amount referenced in Article 27.   
 How do these articles relate/fulfil the requiremen ts of the WTO Import Licensing Agreement?  How 
do they simplify and bring transparency to internatio nal trade?  How do they fulfil Article 1.2 of the 
Agreement? G/LIC/Q/IDN/32 
 
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  Answer 
 
“Amount” means Amount of Imports.  
There is no amount stipulated in the recommendation. Recommendation of MoA only 
regulates technical requir ements from Veterinary Public Health aspects.  
 
This answer has been provided by Indonesia in Document WT/DS466 dated 
23 September 2013.  Articles 27 and 29 are consistent with Ar ticle 1.2 of the WTO Import Licensing 
Agreement. 
 Article 29 
 
Why is it necessary to issue the Recommendations for a specific country of origin, specific business unit supplier, and specific end use?  
 
Answer  
 Recommendations for specific country of origin, specific business unit supplier are 
needed to order to ensure that each country  of origin and specific business units meet 
the technical requirements.   
Specific end use also subject to recommendation due to the fact that not all end users 
meet the Technical requirements.  
Article 31 
 Are there similar restrictions on intended use for domestic companies as included in paragraphs (1) and (2)?  
 
Please explain what is meant in paragraph (4) by “to fulfil the need and activity of market operation”. 
 
Answer  
 
Similar requirements applied on inte nded use for domestic companies.  
 The meaning of “to fulfil the need” is to meet domestic demand. The meaning of 
“activity of market operation” is to stabilize supply and demand.  
Article 32 
 Please explain how this article and its referenced Ap pendix relate to and fulfil the requirements of 
Article 1.2 of the Import Licensing Procedures Agreement?  
 Answer  
 This Article and its appendix are consistent with Article 1.2 of the import licensing 
Agreement due to the fact that they are op erated appropriately taking into account 
economic purposes and financial and trade needs of Indonesia.  
 
Article 33  
Why are business operators, “social institution,” “representative of foreign country/international 
institution” or “State Owned Enterprise” prohibited from proposing changes to their country of origin, entry point, type/category of carcass, meat, offal, and/or their derivative on the 
recommendation that has been issued.”  Does this mean that a firm cannot appeal a decision?  If 
not, why not?  G/LIC/Q/IDN/32 
 
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  Answer  
 
For administrative reasons, changes of country  of origin, entry points, type/category of 
carcass, meat, offal, and/or their deriva tive on the recommendation that has been 
issued, cannot be made. However, new prop osal of country of origin, entry points, 
type/category of carcass, meat, offal, and/or  their derivative can be done for the new 
recommendation.  
 
Article 36  Which provision of the WTO Import Licensing Procedures Agreement does Indonesia believe that  
Article 36 upholds?  Please explain. ( This article applies to control internal domestics distribution). 
 Answer  
 Article 36 has nothing to do with WTO import licensing Agreement due to the facts that this article applies to products to co ntrol internal domestic distribution.  
 
Questions Regarding MOT Regulation 46 
 Article 1 
 
Please provide more information about the Beef Pr ice Monitoring Team.  What is the purpose of 
this team?  Who is represented on the team?  
 
Answer  
 
The main purposes of the establishment of B eef Price Monitoring Team are monitoring 
domestic market price of beef product in  various timeframe basis (daily, weekly, 
monthly, quarterly, annually), providing analysis and reviewing market price in 
comparison to reference price, and deliver policy suggestion. 
   
Article 3  
Paragraph (1) provides the situations where animal import is allowed to be conducted: “a. improve 
the genetic quality and diversity; develop science and technology; overcome deficiency of domestic Seed, Seedling and/or Feeder; and or fulfil the need for research and development.”  Are 
these the only situations in which imports will be permitted? 
 Paragraph (2) states: “animal export … can only be performed if the domestic requirement of seed, seedlings, and/or feeder has been fulfilled and preservation of local livestock is guaranteed.”  
Who determines whether the “domestic requirement: has been “fulfilled and preserved”?  What 
factors are considered in making this determination?  
Answer  
 
Paragraph (1) should be interpreted as “i mportation of animals as mentioned in 
Article 2 paragraph (2) was conducted to:  
 
a. improve the genetic quality and diversity;  
b. develop science and technology;  
c. overcome deficiency of domestic Seed;  
d. Seedling and/or Feeder; and or  
e. Fulfill the need for research and development.” 
 
Government of Indonesia will determine whether the domestic  needs of seed, seedlings, 
and/or feeder cattle has been fu lfilled and preservation of lo cal livestock is guaranteed.  
 
Various factors are put into consideration. One of the most important is numbers of 
domestic supply of seed, seedlings, and/or f eeder cattle in comparison to its demand. 
 G/LIC/Q/IDN/32 
 
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  Article 4 
 Please explain why there is no process for determ ining Producer Importers of animal and animal 
products.  Are producer importers permitted to im port animal and animal products?  If so, what 
are the procedures that a producer importer must follow?  Please provide a legislative and 
regulatory reference.  How does this differentia tion in treatment between producer importers and 
registered importers comply with the requirem ents of the WTO Import Licensing Agreement? 
 
Answer  
 According to MOT Regulation 46 of 2013, Producer importers are permitted to import 
animal and animal products by subm itting as Registered Importers. 
 Article 5 
 
 What is the purpose of requiring a Certificate of Business Establishment? What does 
obtaining this certificate entail?  What are the requirements to obtain the certificate?  Are 
domestic companies subject to the same requirements? 
 
 What is the purpose of requiring a copy of th e Trading License?  What does obtaining this 
license entail?  Where are the procedures pub lished?  What are the requirements to be a 
competent institution or technical service to provide such a license?  Are domestic 
companies subject to the same requirements?  
 Can companies with either an API-U or an API-P apply? 
 
 Why are registered importers required to prov ide evidence of the ownership of storage and 
transportation?  How does Indonesia justify this requirement in light of the Import 
Licensing Procedures Agreement? 
 
 Why does the Ministry of Trade plan to conduc t a field inspection to verify each and every 
applicant?   Why does the Ministry believe that three days will be sufficient to complete the 
inspection?  How is this provision in conformity with the relevant provisions of GATT 1994, as required by Article 1.2 of the Import Licensing Agreement? 
 
Answer  
 
 Certificate of Business Establishment is requ ired for validation purposes, in order to 
check legitimacy of the company’s establishm ent.  According to Law no.40 year 2007 
regarding Incorporated Company (UU no.40 tahun 2007 tentang Perseroan Terbatas), Certificate of Business Esta blishment is mandatory requirement to 
establish a company in Indonesia. 
 Trading license is required for validatio n purposes, in order to check company’s 
legitimacy for conducting trading activi ties. Every company who wish to conduct 
trading activities in Indonesia are required to have a trading license. 
 Yes, companies with either an API-U or an API-P may apply. 
 Ownership of storage and transportation ar e mandatory in order to ensure that all 
the animal and animal products being import ed will be taking care in professional 
manner according to health and safety standards. 
 Field inspection is required for validat ion purposes, in order to review the 
ownership’s legitimacy of storage and transportation. 
 
Indonesian is of the view that no trade dist ortions will arise with the imposition of those 
following requirements. 
 
Article 6  
What are the procedures for extending the determ ination as a RI-Animal and Animal Product?  
How long is the extension?  Is the procedure of extension expedited since a company has already been approved as a RI?    G/LIC/Q/IDN/32 
 
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  Answer 
 
Registered Importers for Animal and Animal  Product is valid for 2 years and can be 
extended by applying for extension to Minist ry of Trade. The extension will be granted 
automatically and valid for another 2 years. 
 Article 11 
 
Please explain the factors in determining the two different application procedures for Appendix I and Appendix II.   How does this "simplify and bring transparency to, the administrative procedures and practices used in international trade, and to ensure the fair and equitable 
application and administration of such procedures and practices"?  How does this differentiation 
comply with Article 1 of the Import Licensing Ag reement, including Articles 1.2, 1.3 and 1.4? 
 
Is the MOA recommendation in Article 11(2)a and b the same as the Recommendation required for 
import approval in Article 11(1)b?    
 If so, then the application for the MOA recommendation would require a company to provide 
a determination as an RI-Animal and Animal Products to obtain the recommendation.  Please explain why that is necessary since Article 9 does not require such a determination to import products on Appendix II. 
 
 If not, what are the procedures for obtaining the recommendations in Article 11(2)?  Please 
provide a legislative and regulatory reference. 
 
What are the procedures for obtaining a recommendation from the Head of the Agency of Drug and Food Control for importing processed animal pr oduct as required in Article 11(2)b?  Please 
provide a legislative and regulatory reference for these requirements.  
 Answer  
 
 Products under HS 0206, except fancy meat , liver and heart, are not listed in the 
appendix based on the consideration that the products concerned are not guaranteed 
to fulfill ASUH requirements. 
 With regard to chicken products (HS 0207.13 and 0207.14), Indonesia remain 
seriously concerns over halalness of food t o  b e  c o n s u m e d  b y  m o s t  o f  I n d o n e s i a n .  
Managing slaughtered chicken based on Isla mic law is a sensitive and very important 
issue for Indonesian Muslim consumers, which is approximately 87% of the total 
population of Indonesia. 
 Article 12  
 
Please explain the difference in the validity pe riods between the import approval and the MOA 
recommendation.  According to MOA 84 Article 30, the recommendation is valid “from the date of 
issuance up to a maximum on 31 December of the current year,” while the validity period for the 
import approval is three months.  Does this mean that a company that obtains a recommendation in March that is valid for the rest of the year can use the same recommendation in applying for 
import approvals later in the year?  How does this impact the “amount” that is listed in the 
recommendation as noted in MOA 84 Article 27?  Answer  
 MOA recommendation is related to SPS requirements and valid for 1 year. While Import Approval is related to business plan fo r importers to conduct importation.  
 
Once Importers already obtained MOA recomm endation , they may choose to apply for 
importation anytime from the given period (1
st, 2nd, 3rd, 4th trimester).  
 
As for several commodities, Recommendation can be used multiple - times to apply for import permit, as long as it is still valid,  consist of same commodities, and same country 
of origin. 
 G/LIC/Q/IDN/32 
 
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  Article 13 
 Article 31 states that Registered Importers of Animal and Animal Product that have obtained an Import Approval “must realize the import of animal  and animal product of at least 80 percent from 
accumulated import approval for 1 year.”  What is the rationale for this requirement?  How is it 
determined whether a company has realized 80 percent of its accumulated import?  What consideration is given if it does not meet 80 percent realization because imports were postponed 
as provided for under Article 14(1)? What precisely are the GATT 1994-consistent measures 
(identified by Article and paragraph) that this requirement is intended to administer (see Article 1.2 of the Import Licensing Agreement)?  
Answer  
 
Mandatory 80% of import realization is im posed to ensure the supply of imported 
products to domestic market. 
 Every importers need to submit their report of import realization to 
http://www.inatrade.kemendag.go.id in monthl y basis in order to monitor their import 
realization. 
 In certain circumstances, whereas the im porters may not be able to meet the 
requirement of 80% import rea lization, evaluation will be put upon as consideration. 
 Mandatory 80% of import realization is not inconsistent with GATT 1994, as it does not 
cause any trade distortion. This measure even  provides certainty for both importers and 
exporters from counterparts countries over  the amount that will be imported. 
 
Article 14 
 Please explain how the reference price is determined.  What factors are considered?  Is the price of beef secondary cuts considered an appropriate pr oxy for all of the products in Appendix I?   
 
Paragraph (3) states: the beef reference price “can be evaluated at any time” by the Beef Price Monitoring Team.  What factors would lead the Team to evaluate the reference price? Does the 
new beef reference price take immediate effect?  What impact does that have on the 
recommendations and import approvals that have already been approved during the quarter?   
Answer  
 
Reference price is determined by various factors which mainly based on the average 
national retail price for beef, and taking into account the cost of production and 
distribution for domestic beef products, ec onomic growth and market outlook and other 
variables.  
Beef Price Monitoring team will evaluate  the price reference under the certain 
circumstances where there has been si gnificant changes in various factors 
aforementioned. 
 
Article 17  Are there similar restrictions on intended use and distribution for domestic companies? 
 
Answer  
 
There are no restrictions on distri butions and use in this regulation. 
 Article 18 
 
Please explain the criteria used to determine when BULOG is able to import animal products to ensure food security?   What is the rationale for allowing BULOG to distribute imported meat to the retail market?    G/LIC/Q/IDN/32 
 
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  Answer  
 
Under the circumstances where there is shor tage of beef supply in domestic market, 
BULOG as the state owned agency may be a ssigned by the GOI to fulfill the supply in 
order to ensure food security.  
 Article 25 
 
We note that RI-Animal and Animal Product or company that has obtained an import approval have to submit an import report and import realization card under paragraph (1), but only RI-Animal and Animal Product must submit a cattle and beef distribution report under paragraph (2).  
Please explain why only the RI-Animal and Anim al Product must submit a cattle and beef 
distribution report.  What is the purpose of the cattle and beef distribution report? Also, how would 
a RI-Animal and Animal Product submit a report on cattle distribution since live cattle is covered in 
Appendix II? 
 Answer 
  Obligation to report the distribution of the report apply to ensure imported products have been distributed well in the context of food security, consumers protection and and 
logistics monitoring. 
 
Articles 26 and 27  
What is the difference between Articles 26 and 27?  Please describe what is meant by “frozen”.  Is 
a company able to import while it’s registration for RI-Animal and Animal Product is frozen?   
Answer  
 
The definition of Article 26 is registration  for RI-Animal and Animal Product is being 
suspended if the company unable to fulfill the obligation. 
 
Article 30  
Please indicate which regulating legislation provides information on the fines that an importer or 
exporter would be subject to under paragraph (1).    
Please explain why under paragraph (2) imports th at are not in accordance “with quantity, type, 
business unit, and/or country of origin” in the import approval shall be “re-exported”.    Answer  
 The regulation mentioned in paragraph 1 Arti cle 30, is referring to set of regulations 
regarding customs, quarantine and other Laws. 
 
The measure regarding re-export is a common practice in most countries. It is related to 
regulations in customs and it is the authority of every state in order to ensure the entry 
of goods is in accrodance with the laws and regulations. 
 Article 33  
Please specify and provide, preferably in English, the “regulating legislation” to which import of 
Animal and Animal Products are subject.    
Answer  
 
List of regulations related to Regulation  no. 46/2013 is mentioned in the preamble 
article. 
 G/LIC/Q/IDN/32 
 
- 13 - 
 
  Article 34 
 This article indicates that the “Minister can form an integrated team consisting of representatives from related agencies to conduct: a. evaluation of the implementation of import and export policy 
of animal and animal product; and b. control of  animal and animal product distribution.” Under 
what circumstances would the Minister form such a team?  How would this team relate to the Limited Coordination Meeting and the Beef Price Monito ring Team?  How does this relate to or fulfil 
the requirements of the WTO Import Licensing Procedures Agreement? 
 Answer 
 
The role of limited coordination meeting is  to discuss and evaluate current national 
situation in the area of food security.   
The group Coordinated by Coordinating Minist ry of Economic Affairs and attended by 
representatives of Ministry of  Trade, Ministry of Agricult ure, Ministry of Industry 
Ministry of Finance, Ministry of Transportation, BULOG and other concerned Ministries.  
 
The group meets as needed, and/or regularly in weekly basis, and has the authority to decide future policies rela ted to food security.  
 
Article 35 
 Has the Director General issued any technical directions for implementing Regulation 46?  If so, 
please provide a website or other instructions for where these can be found. 
 Answer 
 Technical directions will be provided shortly, and it will be available in 
http://www.inatrade.kemendag.go.id. 
 
Article 36 
 Please indicate what “exemptions” are available and how companies would apply for such 
exemptions. Where are the procedures published? 
 Answer 
 Exemptions mentioned under Article 36 is refe r to certain circumstances, emergencies, 
force majeure and other conditions  that require immediate actions.  
 
2  FRESH AND PROCESSED HORTICULTURE PRODUCTS 
Ministry of Agriculture (MOA) Regulation 86 of 201 3 and Ministry of Trade (MOT) Regulation 16 of 
2013, as amended by MOT Regulation 47 of 2013, ar e the latest revisions to Indonesia’s import 
licensing procedures for fresh and processed horticulture products.  The United States and other 
trading partners had raised similar concerns about the previous regulations on horticulture products – MOA Regulation 3 and MOT Regulation 30 – in this WTO Committee and in others (see 
G/LIC/Q/IDN/22).  We continue to have a number of questions and concerns regarding the 
complex import permit procedures, even as the regime has been revised by the new regulations.    General Questions 
 We note that Indonesia notified MOT Regulation 16 (G/LIC/N/2/IDN/14) on June 26, 2013.  When will Indonesia notify MOT Regulation 47 and MO A Regulation 86 as the Agreement on Import 
Licensing Procedures requires?  In this regard, we note that Article 1.4(a) of the Import Licensing 
Agreement requires that “Copies of these public ations shall also be made available to the 
Secretariat.”  When will Indonesia make such co pies available to WTO Members in light of this 
obligation? 
 G/LIC/Q/IDN/32 
 
- 14 - 
 
  Answer  
 
MoT regulation No. 47 has  notified under WTO notication  G/LIC/N/2/IDN/20 for MoT 
and MoA No 86 is still in the process of notification. 
 
As a result of Indonesia's regulations, we re serve our right to raise issues relating to 
these regulations in the context of addition al WTO Agreements and Committees, such as 
the WTO Agreement on Technical Barriers to Trade and the Agreement on the 
Application of Sanitary and Phytosanitary Measures.  Pursuant to Article 3.5 of the Import Licensing Agreement, please provide all the relevant 
information concerning the following: 1) the administration of the import licensing regime under 
MOA Regulation 86 of 2013 and MOT Regulation 16 of 2013, as amended by MOT Regulation 47 of 
2013; 2) the “Import Recommendation of Horticulture Products” and “Import Approvals” granted 
over a recent period; 3) the distribution of such licensing among supplying countries; 4) import 
statistics (i.e. value and/or volume) with respect to the products subject to import licensing.  
Answer  
 
The administration of the import licensing regime under MOA Regulation 86 of 2013 and 
MOT Regulation 16 of 2013, as amended by MOT Regulation 47 of 2013 are available in 
official website. 
 Import statistics for goods under the horticul ture regulations is available in official 
website. 
 All other informations will be provided shortly. 
 
Pursuant to Article 5 of the Import Licensing Agreement, please state whether the import licensing procedure established in MOA Regulation 86 and MOT Regulation 16 (as amended by MOT 
Regulation 47) is automatic or non-automatic.  If the licensing procedure is automatic, please 
identify the procedure’s administrative purpose. If automatic, please describe how Indonesia’s 
procedures fulfil the Import Licensing Procedures Agreement’s definition of automatic import licensing. If the licensing procedure is non-automatic, please identify the underlying measure 
being implemented by the licensing scheme.  In ei ther case, please specify the expected duration 
of the import licensing procedure.   
Answer  
 
Import licensing procedure established in MOA Regulation 86, and MOT Regulation 16, 
as amended by MOT Regula tion 47 is automatic. 
 
Import permit and Recommendation will be  automatically granted once all the 
requirements has been completed. 
 
Questions Regarding MOA Regulation 86 
 
The regulation observes that it resulted from the “Economic Limited Coordination meeting on 
27 August 2013 related to Trading System Policy of Beef, Horticulture and others.”  Please explain 
the role of the “Economic Limited Coordination” in  Indonesia’s trade regime and the purpose of the 
cited meeting?  Who are this group’s stakeholders?  How often does this group meet? What 
authorities and/or responsibilities does this gr oup have?  Also please provide a copy of the 
document referenced: Number S-169/M.EKON/08/2013 of 27 August 2013.  
Please explain the purpose of the “Import Recomm endation of Horticulture Products… (RIPH)”?  
How is the information contained in the RIPH different from that contained in a certificate of health, the IP-HP or RI-HP registration, or the Ministry of Trade’s import permit?  
 
Answer  
 The role of limited coordination meeting is  to discuss and evaluate current national 
situation in the area of food security. G/LIC/Q/IDN/32 
 
- 15 - 
 
  The group Coordinated by Coor dinating Ministry of Economic Affairs and attended by 
representatives of Ministry of Trade, Ministry of  Agriculture, Ministry of Industry Ministry of 
Finance, Ministry of Transportation, BULOG and other concerned Ministries.   
The group meets as needed, and/or regularly in weekly basis, and has the authority to decide 
future policies related to food security.   
Please identify the GATT 1994-consistent measures, by Article and paragraph that Indonesia’s 
RIPH is intended to administer (see Article 1.2 of the Import Licensing Procedures Agreement).  Answer  
 RIPH consist of technical requir ements related to SPS measures. 
 
This provision is being imposed in order to en sure the health and safety requirements of 
the product that will be imported.  
Article XX (b) of GATT 1994 provides except ions, where regulations are necessary to 
protect animal, human or plant life.  This provision of RIPH is to ensure the health and safety requirements of the product 
that will be imported. 
 Article 5(1) states: “Import of Horticulture Product can be conducted prior to harvest season, 
during harvest season and after harvest season within  a certain period of time .” Please define what 
t h e  g o v e r n m e n t  m e a n s  b y  “ a  c e r t a i n  p e r i o d  o f  t i m e ” ?   W h a t  f a c t o r s  a r e  t o  b e  c o n s i d e r e d  i n  determining the “certain period of time” when a horticulture product is allowed to be imported?  
Where is the “certain period of time” published? 
 Answer  
 
Please see Article 13 of of MOA 86/2013; RIPH granted for 2 times per year. ie January 
to June and July to December.  
Article 5(3) states that Article 5(1) “is not applicable to horticulture product of fresh chili and 
shallot for consumption.” Why does Indonesia treat fresh chili and shallots differently from all other horticultural products for consumption? 
 
Answer   
 
Chili and shallot usually contribute much in the inflation and its already considered as 
strategic products, especially during nati onal festive seasons (Hari Besar Keagamaan 
Nasional).  
Article 5(4) states that “Issuance of RIPH of fresh horticulture products for consumption in the 
form of chili and shallot is based on determined reference price from the Minister of Trade.”  How does the Minister of Trade determine this refe rence price?  Which GATT-1994 Article does this 
Indonesia article fulfil? 
 Answer  
 
Reference price is determined by various factors which mainly based on the average 
national retail price for chilli and shallots, and taking into account the cost of production 
and distribution for domestic chilli and sha llots products, economic growth and market 
outlook and other variables. 
 Reference Price Monitoring team will evalua te the price referenc e under the certain 
circumstances where there has been si gnificant changes in various factors 
aforementioned.  Article 6 sets out what is included in the RIPH once issued.   Please explain why it is necessary to 
issue RIPH for a specific country of origin for horticultural products.  Please also explain why it is G/LIC/Q/IDN/32 
 
- 16 - 
 
  necessary to specify the manufacturing location for horticultural products imported for industrial 
materials, and how this is determined if it is not required to be specified in the application under Article 9.    
Answer  
 
This provision is being imposed in order to en sure the health and safety requirements of 
the product that will be imported. 
 Article 7 states that the horticultural products which require RIPH are stated in Attachment II.  What is the process for importing horticultural products for consumption, fresh from industrial raw 
materials, processed for industrial raw materials and processed for consumption that are not listed 
on Attachment II?   What criteria does Indonesia use to decide which products should be listed on Attachment II? 
 
Answer  
 
The provision of MOA Regulation 86 of 2013 does  not regulate Horticulture products that 
is not covered in the Appendix II of MOA Regulation 86 of 2013.  Article 8 outlines the application requirements for obtaining the RIPH for fresh horticulture 
products for consumption, fresh and processed horticulture for industrial raw materials, and 
processed horticulture for consumption.    
 Why must the importer provide a “statement of not importing horticulture products which 
exceed 6 (six) months after the harvest period.”  After whose harvest period?  What is the technical reason for not allowing imported horticulture products under this condition?  Are 
domestic horticultural products banned from sale according to the same or similar 
conditions as the one stated in Article 8(1)(a) of MOA Regulation 86?   
 Why is a technical letter from the Ministry of Industry required in order to obtain the RIPH 
for fresh and processed horticulture products for industrial raw materials? Also, why is an 
import approval letter from the National Agency of Drug and Food Control necessary to obtain a RIPH for processed horticulture for consumption?  Are domestic products subject 
to similar requirements in order to sell such products? 
 
 How many administrative bodies must applicants approach in order to obtain the RIPH and 
import permit for horticultural products? 
 
 Please explain the purpose of the additional te chnical requirements in Article 8(2) and how 
these requirements comply with the Import  Licensing Procedures Agreement.  For 
instance, why is a certificate of good agriculture practices and a distribution plan required?  
Are domestic producers subject to similar requirements in order to sell their products in Indonesia?  We note that many of these stipulations, including those involving storage and 
distribution facilities, are requirements for obtaining the Registered Importers of 
Horticulture Product (RI-HP) or the Importer Producer of Horticultural Products (IP-HP) determinations.  Why must companies submit this information again?  How do these 
requirements address Articles 1.5 and 1.6 of the Import Licensing Procedures Agreement?  
 
Answer 
 
 Refering to after six month harvest period of exporting country/ies. 
 Usually fresh product of horticulture will be  damage in very sh ort time. To secure 
health safety of the consumer fr om abuse preservative treatment. 
 
Yes. Equal treatment implemented for domestic horticulture production. 
 
 Technical letter from the Ministry of Indust ry needed as an authority in industrial 
development in Indonesia in order to ma intain the importation of horticulture 
product as a raw material for food & be verages industry and limited leakage to 
retail market.  G/LIC/Q/IDN/32 
 
- 17 - 
 
   Import approval letter from the National Agency of Drug and Food Control needed 
to secure food safety of the processed horticulture products for industrial raw 
materials. 
 MoA, MoT, MoI and National Agency of Drug and Food Control.  
 To secure food safety during production , processing and distribution along of 
supply chain mechanism. 
 Equal treatment also implemented for domestic horticulture product. 
 To make sure the administration requirem ent being comply in every stage of the 
process. 
 Article 9(1) states that “Issuance of RIPH is cond ucted based on the application by the applicant.”  
What does this statement mean? 
 Answer 
 We  granted RIPH only to whom is really needed and comply with the requirement as 
stated in MoA Regulation No.86/2013. 
 
Article 10 states that the only way to obtain the RIPH is online through “the specified portal”.  How does one access “the specified portal”?  Where is this information published?  
Answer   
 
Everyone can access the specified portal http://www.inatrade.kemendag.go.id.   
 
Article 11 discusses cases of force majeure .  Please explain in detail how Article 11 of MOA 
Regulation 86 operates? 
 
Answer 
 Cases of force majeure including: natural di saster causing no electricity (blackout and 
system breakdown). 
 Article 12:  How or where does the importer find out the results of the document inspection? 
 
Answer  
 
The results of the document inspection can be  found in Directorate of Domestic Market, 
DG. of Agriculture  Processing and Marketing, MoA.  Article 13 provides information on the two seme sters for which RIPHs are issued.  How are the 
open application periods for the RIPH in November and May announced?  Does the Ministry of 
Agriculture make an announcement on its website?  What is the web link?  
Answer 
 
The open application periods for the RIPH in November and May  announced through 
online or others media. 
 Yes, it is.  http://www.in atrade.kemendag.go.id.   
 
Questions Regarding MOT Regulation 16, as amended by MOT Regulation 47 
 
Article 3 states: “Import of Horticultural Products can only be performed by companies which have 
been recognized as Producer Importer of HP or ha ve been determined as Registered Import of HP 
by the Minister.”  Why does Indonesia divide importers into these two categories? Are domestic companies similarly divided? 
 G/LIC/Q/IDN/32 
 
- 18 - 
 
  Answer 
 
This provision imposed to dist inguish the importer based on its type of business (trader 
or industry). 
 
Yes similar provisions has been imposed to domestic company.  
Article 5 lists the requirements necessary to be recognized as a Producer Importer of Horticulture 
Product (IP-HP).    
 Please explain the purpose of requiring a copy  of the Industrial Business License?  What 
procedures does obtaining this license entail?  What are the requirements to be named a 
competent institution or technical service with the authority to provide such a license? Where are the names and addresses of these inst itutions or technical services published? 
Are domestic producers subject to the same requirements? 
 
 Why are companies required to register as Producer Importers of HP when they have 
already been registered as Producer Importers (API-P) under Ministry of Trade 
Regulation 59/2012?  
 Why are producer importers required to provid e evidence of the ownership of storage and 
transportation?   How does this requirement apply with regard to products that do not 
require immediate cold storage?  
Please explain why producer importers must first re ceive a RIPH from the Ministry of Agriculture, 
while RI-HP must receive their registration before  applying for the RIPH from the Ministry of 
Agriculture.  How does this "simplify and bring transparency to, the administrative procedures and 
practices used in international trade, and to ensure the fair and equitable application and 
administration of such procedures and practices"?  How is this procedure not discriminatory? How does this differentiation comply with Article 1 of the Import Licensing Agreement, including Articles 1.2, 1.3 and 1.4? 
 
Why does the Ministry of Trade plan to conduct an on-site visit to verify every applicant for IP-HP and RI-HP?   Who is part of the field inspection  team?  Why does the Ministry believe that three 
days will be sufficient to complete the inspection?  How is this provision in conformity with the 
relevant provisions of GATT 1994, as required by Article 1.2 of the Import Licensing Agreement?  
Answer  
 
Requirement of Industrial Business License is  mandatory administrative requirement to 
ensure the company has been registered as a company engaged in the manufacture and 
industrial field.  
 It is issued by Ministry of Industry, an d applied to all companies engaged in the 
manufacture and industrial field.  
 Producer Importers (API-P) only serv es as Importer’s identification.  
 
According to Article 5 MOT 16/2013, Producer Importers are required to provide evidence of posession of warehouse / storage and transportation. It is not mandatory to 
have cold storage. 
 
D i f f e r e n c e s  i n  t h e  o r d e r  o f  p r o c e s s i n g  a n d  a p p l y i n g  t h e  R I P H   s e r v e s  o n l y  a s  p a r t  o f  administrative process that does not cause any unfairness, or distortion to the whole 
process.  
 Field inspection is mandatory to examin e the compatibility between the document 
requirements of warehouse storage and tr ansportation vehicle with its physical 
condition. It is also imposed to check th e health and safety requirements of the 
warehouse storage and transportation vehicle.  G/LIC/Q/IDN/32 
 
- 19 - 
 
  Article 7 states that a “Company that has received recognition as Producer Importer of HP can only 
import Horticultural Products as raw materials and auxiliary materials for its industrial production process and is prohibited from trading and/or tr ansferring the product.”  Are domestic producers 
similarly restricted? What are the GATT 1994 provisions that call for such restrictions? 
 
Answer  
 
Both process for RI-HP and PI-HP can only be done through online application to ensure 
fairness, simplicity and transparency of the administrative procedures. 
 Article 8 lists the requirements for companies to obtain a determination as RI-HP.  
 
 Please explain the purpose of requiring a copy  of the Trading License?  What procedures 
does obtaining this license entail?  What ar e the requirements necessary to be named a 
competent institution or technical service to be allowed to provide such a license?  Where 
are the names and addresses of these institut ions or services published? Are domestic 
producers subject to the same requirements? 
 
 Why are companies required to register as Re gistered Importers of HP when they have 
already been registered as Registered Importers (API-P) under Ministry of Trade Regulation 59/2012? 
 
 Why are registered importers required to prov ide evidence of the ownership of storage and 
transportation?   How does this requirement apply to products that do not require 
immediate cold storage? 
 
 Why are registered importers required to provide proof of a sales contract with at least 
3 distributors for at least 1 year?  Is there a similar requirement for domestic companies?  
 
 Why do registered importers also have to pr ovide proof of one year of experience as a 
distributor?  How would new importers be allowed to enter the marketplace? 
 
 What is the rationale behind the requirement for importers to sell to distributors only and 
not directly to retailers or consumers in Article 8(1)i and Article 15?  Do domestically-
produced horticultural products face the same restrictions?  How is this provision in 
conformity with the relevant provisions of GATT 1994, as required by Article 1.2 of the 
Import Licensing Agreement? 
 
We note that the validity period for IP-HP is th e same as the RIPH, while the validity period for 
RI-HP is 2 years.  What is the rational e for the different va lidity periods?   
 
Answer  
 
   Requirement of Trading License is mandatory administrative requirement to 
ensure the company has been registered as a company engaged in the trading 
field.  
 
   It is issued by trade and industry office  in provincial level (Dinas Perindag), and 
applied to all companies engaged in the trading field.  
 
   Registered Importers (API-U) only serves as Importer’s identification. 
  
   According to Article 8 MOT 16/2013, Registered Importers are required to 
provide evidence of ownership of wareho use / storage and transportation, Proof 
of a sales contract with at least 3 distributors, and statement letter that 
importers wont sell directly to retailers or consumers. This provision is imposed 
in order to ensure the imported horticulture products will be treated in 
accordance to standard health and sa fety requirements and procedures.  
 
   It is not mandatory for Registered  Importers to have cold storage. 
 G/LIC/Q/IDN/32 
 
- 20 - 
 
  Article 11(1) states: “Registered Importer of HP which will import Horticultural Products as 
intended in Article 2 must obtain Import Approval from the Minister.”  We do not see a similar requirement for Producer Importers.  Why is there a difference?  How does this "simplify and bring transparency to, the administrative procedures and practices used in international trade, and to 
ensure the fair and equitable application and admi nistration of such procedures and practices"?  
How does this differentiation comply with Articl e 1 of the Import Licensing Agreement, including 
Articles 1.2, 1.3 and 1.4?   
 
Answer  
 Article 3 MoT Regulation No. 16/2013 stated th at Import of Horticulture products can 
only be done upon the obtainment of ac knowledgement as Producer Importers or 
Establishment as Registered Importers from the minister. 
 
Article 13 (A) provides information on the two semesters for import of horticulture products other 
than chili and shallots.  How are the open application periods for the import permits in December and June announced?  Does the Ministry of Trade make an announcement available on its website?  
Please explain the rationale for treating chili and shal lots differently as outlined in Article 13(A)(2)?  
 Answer  
 
The announcement of opening of each appl ication periods will be announce 1 month 
before the beginning of each semester.  
Article 14(A) states that Registered Importers of HP that have obtained an Import Approval are 
“required to make a realization of HP import of at  least 80 percent.”  Please explain the rationale 
for this requirement.   
 
Answer  
 Mandatory 80% of import realization is im posed to ensure the supply of imported 
products to domestic market. 
 Every importers need to submit their report of import realization to 
http://www.inatrade.kemendag.go.id in monthl y basis in order to monitor their import 
realization. 
 
In certain circumstances, whereas the im porters may not be able to meet the 
requirement of 80% import rea lization, evaluation will be put upon as consideration. 
 Mandatory 80% of import realization is not inconsistent with GATT 1994, as it does not 
cause any trade distortion. This measure even  provides certainty for both importers and 
exporters from counterparts countries over  the amount that will be imported. 
 
Articles 18 and 19 outline the labelling and pack aging requirements for horticulture products.  
What are the laws and regulations referred to in this article with respect to packaging in direct contact with food?   
 
Answer  
 List of regulations related to MoT Regulati on No. 16/2013 is mentioned in the preamble 
article. 
 Articles 21 and 22 outline the verification (pre-shipment inspection) requirements for horticulture 
products.  Why is this process required?  Please confirm whether imported horticultural products 
which are not subject to Regulation 16/2013 are su bject to verification (pre-shipment inspection) 
requirements, and provide information as to where any such requirements can be found.  
 G/LIC/Q/IDN/32 
 
- 21 - 
 
  Answer  
 
Pre-shipment Inspection is a common practice  in most countries. It is the authority of 
every state in order to ensure the entry of goods is in accrodance with the laws and 
regulations. 
 Imported horticultural products which are not subject to Regulation 16/2013 are not 
subject to verification. 
 Articles 25A and 26 list the reasons for which recognition as IP-HP or determination as RI-HP can be revoked, including failure to achieve the 80 percent import realization and failure to submit the 
import realization report as many as 3 times. Please explain these articles in light of the Import 
Licensing Procedures Agreement.   
Answer 
 
Mandatory 80% of import realization is only mandatory for RI-HP. 
 
This provision is being imposed in order to ensure the import  realization as part of the 
monitoring process conducted by the GOI.  
 
 
__________