. /.   WORLD TRADE  
ORGANIZATION  G/TBT/W/332 
28 June 2010 
 (10-3524) 
Committee on Technical Barriers to Trade Original:   English 
  
 
RESPONSE BY INDONESIA TO MALAWI’S COMMUNICATION  
"THE EFFECTS OF CANADA'S 'TOBACCO ACT' ON MALAWI" 
 
 
 The following communication, dated 25 June 2010,  is being circulated at the request of the 
delegation of Indonesia
. 
 
_______________ 
 
 1. In a communication dated 23 March 2010, the delegation of Malawi provided comments to 
the Committee on Technical Barriers to Trade on the effects of Canada’s Cracking Down on Tobacco 
Marketing Aimed at Youth Act on Malawi’s exports  of Burley Tobacco (G/TBT/W/329).  Malawi 
expressed concern that Canada’s law is inconsis tent with Canada’s obligations under the WTO 
Agreement on Technical Barriers to Trade ("TBT Agre ement").  In particular, Malawi is concerned 
about the consistency of the law's prohibition on th e manufacture and sale of cigarettes, little cigars, 
and blunt wraps containing certain flavourings and additives enumerated in a Schedule to the law with 
Articles of 2.2 and 2.8 of the TBT Agreement. 
2. In its comments, Malawi compares the approach  Canada has taken to  reducing youth smoking 
in its law to similar laws of other countries, such as France, Australia, and the United States.  Malawi 
implies that the regulatory approach taken by these other countries, which ban only products with 
characterizing confectionary or fruit flavours, is l ess trade-restrictive than Canada’s law and therefore 
somehow consistent with the TBT Agreement.    
3. Indonesia strenuously objects to any suggestion by  Malawi or any other WTO Member that 
the manner in which the United States has restricted certain flavoured cigarettes is consistent with the 
General Agreement on Tariffs and Trade 1994 (" GATT 1994"), the TBT Agreement or other WTO 
Agreements.  Indonesia notes that it has requested that the Dispute Settlement Body establish a panel 
to hear its dispute with the United States regarding a measure in the Family Smoking Prevention 
Tobacco Control Act of 2009 that bans the production  and sale of clove cigarettes, but allows the sale 
of other cigarettes, including menthol cigarettes.
1   
4. Indonesia does not disagree with Malawi that reducing youth smoking is a legitimate health 
objective.  Nor does Indonesia necessarily disagree that limiting a ban to "characterizing flavours" is a 
more precise approach to discouraging youth smoki ng than limiting all flavourings and additives.  
However, even a more targeted ban must be non- discriminatory, based on scientific and technical 
evidence, and at a minimum, cove r those characterizing flavours shown to attract youth smokers.   
                                                      
1 See United States – Measures Affecting the Production and Sale of Clove Cigarettes, Request for 
Establishment of a Panel by Indonesia, 9 June 2010, WT/DS406/2. G/TBT/W/332 
Page 2  
 
   
5. Indonesia maintains that the ban on the sale of  clove cigarettes in the United States is 
inconsistent with various US ob ligations under the relevant WTO ru les and principles, and should not 
be viewed as a "model" for regulations in other co untries intended to restrict the production and sale 
of flavoured cigarettes arguably designed to attract youth.   
__________