. /.   WORLD TRADE  
ORGANIZATION  G/LIC/Q/IDN/15 
12 July 2010 
 (10-3789) 
Committee on Import Licensing Original:   English 
  
 
NOTIFICATION UNDER ARTICLES OF THE AGREEMENT ON  
IMPORT LICENSING PROCEDURES FROM INDONESIA
1 
 
Follow-up questions from the EUROPEAN UNION   
to replies from INDONESIA2  
 
  The following communication, dated 9 July 2010, is being circulated at the request of the 
delegation of the European Union.  
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 1. Indonesia maintains that Decree 56/2008 is not an import licensing scheme but that its 
purpose "is only to register importers".  Indonesia also explains that "as long as the basic information stipulated under article 2 (3) is provided, regist ration is granted within 7 days" and that "once 
registered, import licenses are issued automatically".  
 (a) If the import licenses are automatically granted on the basis of the quantities mentioned in the 
"import plan" as referred to in Article 2 (3) f. of Decree 56/2008, we believe that such decree 
institutes licensing procedures and that is theref ore subject to the notification obligation of 
Article 5 of the WTO Agreement on Import Li censing Procedures.  If Indonesia disagrees, 
please explain? 
 
(b) If the "import plan" as referred to in Article 2 (3) f. of Decree 56/2008 has no link to the 
subsequent (and allegedly automatic) issuing of the import licenses, could Indonesia please explain what is the legal basis for such licenses?  Could Indonesia list the documents that have 
to accompany the application for such licen ses? Could Indonesia please also describe the 
conditions under which the issuing of such licenses may be refused?  
 
2. Indonesia admitted that the "requirement for an importer to demonstrate past performance" 
under Decree 44/2008 "may have been considered to  contribute to the impression of a non automatic 
import licensing procedure".  We consider the requi rement for an importer to demonstrate future 
performance via submitting an import plan of 1 (one) as referred to in Articl e 2 (3) f. of Decree 
56/2008 as a factor characterising the import licen sing procedure contained therein as non-automatic. 
If Indonesia disagrees, please explain?   
3. Could Indonesia please describe the conditions under which an importer can obtain a "Special 
Importer Identity Number" whose submission is re quired pursuant to Article 2 (3)d. of Decree 
56/2008?  
                                                     
 
1 See Understanding on procedures for th e Review of Notifications (G/LIC/4). 
2 See document G/LIC/N/2/IDN/11. G/LIC/Q/IDN/15 
Page 2  
 
  4. Indonesia states that Decree 56/2008 "is designe d to address illegal trade and safeguard health 
through the development of an effective tracking system".  Would Indonesia qualify Decree 56/2008 
as a measure necessary to secure compliance with other Indonesian  laws and regulations? If so, could 
Indonesia please provide the references of such laws and regulations? 
 
5. Indonesia states that "the selection of products is based on items that are the most sensitive to 
smuggling".  Could Indonesia please explain the criteria on the basis of which it has concluded that the selected products are "most sensitive to smuggling"?  6. Could Indonesia please provide the quantitativ e data on the basis of which it has concluded 
that the five selected ports "represent the v ast majority of imports into Indonesia"? 
 7. We understand that in addition from being subject to the import licensing requirements 
contained in Decree 19/2005, textiles and appare l (HS 61-63) are simultaneously subject to the 
provisions of Decree 65/2008.  We also note that "t he Government [of Indonesia] will ensure that 
there are no duplicates of procedures".  Could Indo nesia please explain how concretely does it plan to 
avoid duplication?    8. While describing the content of the "Import Technical Investigation", Indonesia states that 
"verification of the quality of the goods will be conduc ted if it is necessary, such in the case of food 
and beverages".  Could Indonesia please explain the procedures according to which such verification 
of the quality of the goods will be carried out? Coul d Indonesia please also clarify whether the same 
quality controls are carried out in relation to  the sale of like domestic food and beverages? 
 9. We note that Article 2.22 of the WTO Agreement on Preshipment Inspection states in relevant parts that " […] user Members shall provi de that […] shipments w hose value is less than a 
minimum value applicable to such shipments as defi ned by the user Member shall not be inspected, 
except in exceptional circumstances.  This mini mum value shall form part of the information 
furnished to exporters under the provisions of para graph 6".  Could Indonesia please explain how does 
it fulfil such obligation?   
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