WORLD TRADE  
ORGANIZATION   
G/LIC/Q/IDN/23 
19 October 2012 
 (12-5703) 
Committee on Import Licensing Original:   English 
  
 
NOTIFICATION UNDER ARTICLES OF THE AGREEMENT ON  
IMPORT LICENSING PROCEDURES FROM INDONESIA
1 
 
Questions from the United States, Canada, th e European Union and Japan to Indonesia 
Regarding animal and animal product 
 
  The following communication, dated 18 October 2012, is being circulated at the request of the delegations of the United States, Canada, the European Union and Japan. 
 
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  We appreciate Indonesia's responses ( G/LIC/Q/IDN/20 and G/LIC/Q/IDN/20/Corr.1) to 
our questions ( G/LIC/Q/IDN/19) .  We have follow-up questions to Indonesia's responses, 
particularly with regard to anim al and animal products.  We also have questions regarding Indonesia's 
July 2012 notification ( G/LIC/N/2/IDN/10) of its "REGULATION OF MINISTER OF TRADE OF 
THE REPUBLIC OF INDONESIA NO. 24/M-DAG/PER/9/2011" as follows:   When were the following regulations notifie d to the WTO:  Ministry of Agriculture 
Regulation No. 50/2011; Ministry of Agricultu re Regulation No 51/Permentan/OT.140/9/2011 
concerning Recommendation of Approval on Import a nd Export of Seed and/or Purebred breeding 
animals of Livestock; and, Ministry of Agriculture Regulation No 52/Permentan/OT.140/9/2011 concerning Recommendation of Approval on Import a nd Export of Livestock?  Please provide the 
WTO Secretariat document identification numbers fo r these notifications.  If these regulations have 
not been notified to the WTO, we request that Indon esia promptly do so in accordance with Articles 5, 
7.3 and 8.2 of the WTO Agreement on Import Li censing Procedures (hereinafter the "Import 
Licensing Agreement").  We further request that Indonesia please provide copies immediately of each 
of the regulations themselves to the WTO Secretariat as required under Article 1.4 of the Import Licensing Agreement.   We thank Indonesia for notifying its regulation 24 on 10 July 2012.  Indonesia's WTO 
notification ( G/LIC/N/2/IDN/10 ) states that the regulation was published on "07 September 2011". 
"In addition to the provisions of Article 3 paragrap h (4), Article 3 paragraph (5), and Article 4 shall 
come into force on the date specified, the other provisions of this regulation comes into force on 1 October 2011."  How does Indonesia justify this late publication in light of Article 1.4(a) of the Import Licensing Agreement?  Furthermore, we re quest that Indonesia please provide copies of the 
regulation immediately to the WTO Secretariat as stipulated by Article 1.4 of the Import Licensing 
Agreement.   
                                                      
1 See Understanding on procedures for th e Review of Notifications (G/LIC/4). G/LIC/Q/IDN/23 
Page 2  
 
   We would like to reiterate our concern th at chicken products within HS 0207.13 and 
HS 0207.14 are not listed in the annexes of MO A Regulation 24 or in MOT Regulation 50. (See 
Indonesia's response to Question 7, G/LIC/Q/IDN/20 ).  If imports of these products are not 
prohibited, please explain why these products are not lis ted?  Is our understanding correct that if 
products are not included in these lists as being e ligible for a recommendation for an import permit 
(from MOA) and an import permit (from MOT), then  that product may not be imported into the 
country?  
  Article 7 of Regulation 24 notes that items imported under the regulation "shall only be for 
intended uses and distribution of imported commodities for industry, hotel, restaurant, catering, and/or 
other specific uses."  Article 3 of Ministry of Agriculture Regulation 50 also has similar language, 
stating that the import recommendation from Ministry of Agriculture limits imports to hotel, restaurant, catering, and food processing sectors.  Does this mean that the sale of imported meat to the 
retail sector is not permitted?  
 Based on Indonesia's notification of Regulation 24 ( G/LIC/N/2/IDN/10 ), but without benefit 
of the official copy of the regulation itself, we, nonetheless have the following questions/observations/concerns:  - How does Indonesia justify its import licenses as "automatic" under Article 2 of the Import 
Licensing Agreement?   It appears that the licen ses are not considered or issued until after the 
importer obtains a number of additional licenses, permits, certificates, etc., from a number of 
different sources.  For example, Indonesia's notification of regulation 24 (G/LIC/N/2/IDN/10 ) states that the "administrative purpose" of its "automatic" licensing 
requirements  is: 
 
 "To obtain the designation as IT-Animals and An imal Products every company must apply to 
the Minister in this regard the Director Gene ral, enclosing the following copy documents: 
  (a) Trading License (SIUP)  (b) Corporate Registry Number (TDP);   (c) Taxpayer Code Number (NPWP);  
 (d) Importer Identity Number (API); 
 (e) Evidence of ownership of the installati on and maintenance of evidence of ownership 
where the abattoir that meets the standard s under the provisions of legislation, for 
feeder or 
 (f) Evidence of ownership of cold storage a nd the evidence of ownership of refrigerated 
transportation for animal products". 
 - We believe that an "IT-Animals and Animal Products" designee means that the company is a 
"Registered Importer of Animal  and Animal Product" under Article 24. Therefore, this 
regulation applies only to the importer and the importer must obtain the "Importer Identity Number".  What requirements must domestic producers fulfill?  Please provide a detailed 
explanation. 
 - In addition to apparent discriminatory treatment, each importer requires each of these 
documents to obtain the necessary permit to impor t.  How can Indonesia consider this import 
permit to be automatic within the meaning of the Import Licensing Agreement?  
  G/LIC/Q/IDN/23 
 Page 3 
 
 
  - Since Indonesia's laws also require that domest ic fulfillment of demand be considered before 
an import license is issued, we can only conclude  that Indonesia's import licensing regime is 
non-automatic and, therefore, subject to Article 3 of the Import Licensing Agreement.  Please 
respond to our questions about how Indonesia's import licensing regime complies with Article 3 of the Import Licensing Agreement. 
 
 Finally, we request Indonesia's explanation re garding how Regulation 24 is in conformity 
with the relevant provisions of GATT 1994, as re quired by Article 1.2 of the Import Licensing 
Agreement. 
 
 
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