WT/DS484/17  
 
1 August  2018 
(18-4884) Page: 1/3 
  Original: English  
 
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF C HICKEN MEAT  
AND CHICKEN PRODUCTS  
UNDERSTANDING BETWEE N BRAZIL AND INDONES IA REGARDING  
PROCEDURES UNDER ART ICLES 21 AND 22 OF T HE DSU  
The following communication, dated 27 July 2018, from the delegation of Brazil and the delegation 
of Indonesia to the Chairperson of the Dispute Settlement Body, is circulated at the request of 
these delegations.  
 
_______________  
 
 
Brazil and Indonesia wo uld like to inform the Dispute Settlement Body (DSB) of the attached 
"Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" between 
Brazil and Indonesia with respect to the dispute " Indonesia - Measures Concerning the Importat ion 
of Chicken Meat and Chicken Products " (WT/DS484) . 
 
We kindly request that you circulate the attached agreement to the Members of the DSB.  
 
  WT/DS484/17  
 
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  Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding  
 
Indonesia – Measures Concer ning the Importation of Chicken Meat and Chicken Products  
(DS484)  
 
On 22 November 2017, the Dispute Settlement Body ("DSB") adopted its recommendations and 
rulings in the dispute Indonesia — Measures Concerning the Importation of Chicken Meat and 
Chicken Products (WT/DS484).  
 
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU") Brazil and Indonesia agreed that the reasonable period of time to 
implement the DSB recommendations and rulings woul d be eight months, expiring on 22 July 2018 
(WT/DS484/16).  
 
Brazil and Indonesia (the "Parties") have agreed on the following 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, without prejudice to either Party`s position on the correct 
interpretation of the DSU:  
 
1. If Brazil deems it appropriate to invoke Article 21.5 of the DSU, Brazil may at any time 
request the establishment of a compliance panel pursuant to that Article. Brazil will not 
need to hold previous consultations with Indonesia before requesting the establishment of 
the panel. If, however, Brazil requests consultations, the Parties agree to hold such 
consultations within 15 days fro m the date of receipt of the request.  
 
2. In case consultations are requested, Brazil may, at any time after the 15 -day period 
referenced in paragraph 1, request the establishment of a compliance panel pursuant to 
DSU Article 21.5.  
 
3. At the first DSB  meeting at which Brazil’s request for the establishment of an Article 21.5 
compliance panel appears as an item on the agenda, Indonesia will accept the 
establishment of that panel.  
 
4. The Parties will cooperate to enable the compliance panel to circulate it s report within 90 
days of the panel's establishment, excluding such time as the panel's work may be 
suspended pursuant to Article 12.12 of the DSU.  
 
5. Either Party to the dispute may request the DSB to adopt the report of the Article 21.5 
panel at a DSB mee ting held at least 20 days after the circulation of the report to the 
Members unless either Party appeals the report.  
 
6. In case of an appeal of the compliance panel report, the Parties will cooperate to enable 
the Appellate Body to circulate its report with in 90 days from the date of notification of the 
appeal to the DSB.  
 
7. In case of an appeal, either Party may request the DSB to adopt the reports of the 
Appellate Body and of the Article 21.5 panel (as modified by the Appellate Body report) at 
a DSB meeting held within 30 days of the circulation of the Appellate Body report to the 
Members.  
 
8. In the event that the DSB rules that a measure taken by Indonesia to comply does not 
exist or is inconsistent with a covered agreement, Brazil may at any time request 
authorization to suspend concessions or other obligations in accordance with Article 22 of 
the DSU.  
 
9. Indonesia shall not assert that Brazil is precluded from obtaining such DSB authorization 
on the grounds that the request was made outside the 30 -day time -period specified in 
Article 22.6 of the DSU. This is without prejudice to the right of Indonesia to have the 
matter referred to arbitration in accordance with Article 22.6 of the DSU.  
 
10. If Brazil requests authorization to suspend concessions or other obligation s pursuant to 
Article 22.2 of the DSU, and if Indonesia objects under Article 22.6 of the DSU to the level WT/DS484/17  
 
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  of suspension of concessions or other obligations and/or claims that the principles and 
procedures set forth in DSU Article 22.3 have not been follow ed, the matter will be 
referred to arbitration pursuant to DSU Article 22.6.  
 
11. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to 
circulate its award within 60 days of the referral to arbitration.  
 
12. The Parties will cooperat e to facilitate the participation of the original panelists in the 
compliance panel and the Article 22.6 arbitration.  
 
13. 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, the Parties will promptly consult on a replacement 
panelist or arbitrator, and either Party may request the Director -General of the WTO to 
appoint, within 10 days, a replacement for the proceeding or proceedings in which such a 
replacement is required. For  any such request where an original panelist is unavailable to 
serve on the compliance panel and the Article 22.6 arbitration, the Parties will request that 
in selecting a panelist for the compliance panel, the Director -General seek a person who 
will also be available to act in both proceedings.  
 
14. The Parties agree to continue to cooperate in all matters related to these Agreed 
Procedures and not to raise any procedural objection to any of the steps set out herein. If, 
during the application of these procedu res, the Parties consider that a procedural aspect 
has not been properly addressed, they will endeavour to find a solution within the shortest 
time possible that will not affect the other aspects and steps agreed herein.  
 
15. In the event that Brazil and Indon esia reach a mutually agreed solution to this dispute 
during the course of the Article 21.5 compliance panel or the Article 22.6 arbitration 
proceedings, and upon notification of such a mutually agreed solution, the Parties will 
jointly request the panel o r the arbitrator to suspend its work (including the circulation of 
its report or award, as the case may be).  
 
16. These Agreed Procedures 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 the DSU.  
 
17. Before the end of 2018, the Parties agree to consult with a view to achievin g a resolution 
to this dispute.  
 
 
Agreed in Geneva on 27 July 2018.  
 
 
 
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