WORLD TRADE  
ORGANIZATION   
G/LIC/Q/IDN/19 
17 April 2012 
 (12-2018) 
Committee on Import Licensing Original:   English 
  
 
NOTIFICATION UNDER ARTICLES OF THE AGREEMENT ON  
IMPORT LICENSING PROCEDURES FROM INDONESIA
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Questions from Canada and the UNITED STATES to INDONESIA 
 
 
 The following communication, dated 16 April 2012,  is being circulated at the request of the 
delegations of Canada and the United States.  
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  We understand that the government of Indon esia has developed and is developing new, 
non-automatic import licensing requirements that will apply to livestock, livestock products including 
meats, and fresh and processed fruits and vegetabl es. These new requirements appear to be complex 
and non-transparent and could significantly impair trad e in these products. In light of the stated desire 
of all WTO Members "to 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," we respectfully request that the government of 
Indonesia: (1) fully and promptly respond to our questions and concerns outlined below; and, 
(2) publish and promptly notify any measures or cha nges in measures in accordance with Article 1.4 
and Article 5 of the Agreement on Import Licensing Procedures  ("ILA") so that governments and 
traders are able to become acquainted with them  and provide comments on them prior to their 
implementation.  LIVESTOCK AND LIVESTOCK PRODUCTS  
1.   We understand that Ministry of Agricultu re Regulation No. 50/2011 and Ministry of Trade 
Regulation No. 24/2011, which implement Law 18/2009 on Animal Husbandry and Animal Heath, set 
out the rules for the importation of livestock a nd livestock products. Please explain whether these 
measures impose a non-automatic import licensing regime and what underlying measure or administrative procedure they implement.  
 
2.   How does Indonesia's import licensing system work in practice, with respect to livestock and 
livestock products?  In particular, please provide the information published according to Article 3.3, 
so that Members have sufficient information to understand the basis for granting and/or allocating 
licenses, and all relevant information concerning the items at Article 3.5.    
 
3.   Aside from Ministry of Agriculture Regulation No. 50/2011 and Ministry of Trade Regulation No. 24/2011, are there any other Indonesian regulations  in place that affect the import of livestock and 
livestock products?  
                                                      
1 See Understanding on procedures for th e Review of Notifications (G/LIC/4). G/LIC/Q/IDN/19 
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  4.   Does the government of Indonesia issue a set or limited number of im port permits or licenses 
per year (or other time period) for the import of livestock and animal products, or may any number of 
import permits be issued, for any amount of product, as long as importers meet the criteria set out in Ministry of Agriculture Regulation No. 50/2011 an d Ministry of Trade Regulation No. 24/2011? 
 
5.    What licensing procedures, if any, does Indonesia apply to the domestic production of 
livestock and animal products?   6.   Are all applicants treated the same, and do th ey all have equal opport unity to import products 
under these rules?  If not, please explain how the rules are neutral in application and administered in a 
fair and equitable manner in complia nce with Article 1.3 of the ILA. 
 7.   We note that Annex II of Ministry of Agri culture Regulation No. 50/2011 contains a list of 
livestock products that can be imported.  Some comm only traded products are not listed in this Annex 
(e.g., some chicken products within HS 0207.13 an d 0207.14).  Are these products ineligible to obtain 
import permits?  If eligible, how are import permits for these products obtained? 
 HORTICULTURAL PRODUCTS   1.   What is the status of the approved a nd proposed regulations on horticultural products, 
including Ministry of Agriculture Regulation No . 3/Permentan/OT.140/1/2012 and any corresponding 
Ministry of Trade regulation? Please explain on what date each regulation is scheduled to enter into 
force, and on what date Indonesia plans to notif y them to the Committee on Import Licensing and 
make published copies available.    2.   Do any import licensing requirements apply to  agricultural products not covered by Ministry 
of Agriculture Regulation No. 3/Permentan/OT.140/1 /2012?  If so, have these requirements been 
notified to the Committee?  We request that the government of Indonesia promptly notify any 
proposed measures related to the import of horticu ltural products by providing copies of the draft 
regulations for the review and comment of Members prior to implementation.   3.   Please explain whether these measures impose a non-automatic import licensing regime and 
what underlying measure or administrative procedure they implement.  
 4.   Please explain the process that the Ministry of  Agriculture and Ministry of Trade would use in 
evaluating requests for import recommendations and impor t licenses.  In particular, please provide the 
information published according to Article 3.3 and all relevant information concerning the items at 
Article 3.5.  To what extent would these decisions  be based on domestic mark et conditions such as 
domestic production, consumption,  demand, and food security? When granting licenses or issuing 
recommendations, can the Ministry of Agriculture or  Ministry of Trade arbitrarily reduce the volume 
of imports from the amount requested?  5.   What licensing procedures, if any, does Indonesia apply to the domestic production of 
horticultural products subject to import licensing requirements? 
 6.   Are all applicants treated the same, and do th ey all have equal opport unity to import products 
under these rules?  If not, please explain how the rules are neutral in application and administered in a fair and equitable manner in complia nce with Article 1.3 of the ILA. 
 
7.   How does the licensing system meet the re quirement, in Article 3.2, that non-automatic 
licensing shall not have trade-restrictive or -distor tive effects on imports additional to those caused by 
the imposition of the restriction?   G/LIC/Q/IDN/19 
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  8.   Article 3 of the ILA states that "Non- automatic licensing procedures shall correspond in 
scope and duration to the measure they are used to  implement, and shall be no more administratively 
burdensome than absolutely necessary to administer the measure."  Please explain the scope, duration 
and administrative burden of the measures in light of this provision.  
9.    Article 1.6 provides that license applicati on procedures "shall be as simple as possible" and 
that "[a]pplicants shall have to approach onl y one administrative body in connection with an 
application."  Why is it strictly indispensable for importers of horticultural products to apply to the 
Ministry of Agriculture for import recommendations, to the Ministry of Trade for import licenses, and 
to other agencies - including Indonesia's Food and Drug Agency, BPOM, and the Ministry of Industry 
– that may be involved? 
 10.   Article 3.5(e) provides that the period for processing non-automatic import license applications may not exceed 30 days, if applica tions are considered as and when received, and 
60 days, if applications are considered simultaneous ly.  Which system does Indonesia use, and what is 
the maximum processing time for issuing import licenses? 
 11.   Annex II of Regulation 3 lists the pr oducts for which import recommendations can be 
obtained from the Ministry of Agriculture. For horti cultural-type products not on this list, are import 
recommendations and import licenses required?  Are these products free of licensing requirements or are they ineligible for importation?   
 
  
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