WORLD TRADE  
ORGANIZATION   
G/LIC/Q/IDN/20 
30 April 2012 
 (12-2277) 
Committee on Import Licensing Original:   English 
  
 
NOTIFICATION UNDER ARTICLES OF THE AGREEMENT ON  
IMPORT LICENSING PROCEDURES FROM INDONESIA
1 
 
Replies from Indonesia to questions from Canada and the United States2 
 
 
 The following communication, dated 27 April 2012 , is being circulated at the request of the 
delegation of Indonesia.  
_______________ 
 
 
I. LIVESTOCK AND LIVESTOCK PRODUCTS 
1. Question 
 
 We understand that Ministry of Agriculture Regulation No. 50/2011 and Ministry of Trade 
Regulation No. 24/2011, which implement Law 18/ 2009 on Animal Husbandry and Animal Health, 
set out the rules for the importation of livestock and livestock products. Please explain whether these 
measures impose a non-automatic import licensing regime and what underlying measure or administrative procedure they implement.  
 
 Answer  
 
 The Import Licensing regime under Law 18/2009 on  Animal Husbandry and Animal Health, 
the Ministry of Agriculture Regulation No. 50/2011 and Ministry of Trade Regulation No. 24/2011, 
shall be considered an automatic import licensing regime. As under those regulations the license of 
Importation for Livestock and Livest ock Products may be granted to a ll registered Importer of Animal 
and Animal Products (IT-Animal). Furthermore (i) Th e License granted to all applicant as long as the 
application fulfil the requirements sets in the re gulations; (ii) The application may be submitted on 
any working day prior to the cu stom clearance; and (iii) The approval process of a complete 
application for the license did not exceed the 10 days period, required in Article 2 of the Agreement 
on Import Licensing Procedure.   
 
2. Question 
 
 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.    
                                                      
1 See Understanding on procedures for th e Review of Notifications (G/LIC/4). 
2 See document G/LIC/Q/IDN/19. G/LIC/Q/IDN/20 
Page 2  
 
  Answer 
 
 Law 18/2009 on Animal Husbandry and Animal Health, the Ministry of Agriculture Regulation No. 50/2011 and Ministry of Trade Regul ation No. 24/2011, set up the legal requirements 
needed for an applicant to obtain the License of Im portation of animal and animal products. Provided 
that all requirement fulfilled by applicant, the licen se will be granted. Therefore, this import licensing 
system did not fall under article 3 of the Agreement on Import Licensing Procedure.  
3.   Question 
 
 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?  
 Answer  
 
 Alongside with Ministry of Agriculture Re gulation No. 50/2011 and Ministry of Trade 
Regulation No. 24/2011, there are also Ministry of Agriculture Regulation No 51/Permentan/OT.140/9/2011 concerning  Recomme ndation of Approval on Import and Export of 
Seed and/or Seedlings of Livestock; a nd Ministry of Agriculture Regulation No 
52/Permentan/OT.140/9/2011 concerning Recomme ndation of Approval on Import and Export of 
Livestock. 
 
4.   Question 
 
 Does the government of Indonesia issue a set or  limited number of impor t 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? 
 
 Answer  
 
 For the animal products mentioned in ANNEX II of  this regulation, the Licenses are issued 2 
times a year and valid for 6 months. There is no lim itation set on the regulation to limit the number of 
import permits or license per year.   Nevertheless, to avoid market distortions a nd price destabilization, the amount of products 
imported are subject to na tional consumption volume. 
  The national consumption volume of anim al products established periodically  by 
coordination meeting of the economic ministries based on national census da ta (SUSENAS) attained 
by BPS-Bureau Statistic of Indonesia and Minist ry of Agriculture survey on cattle slaughter. 
 
 The determination of import allocation of each importer, determined by reckoning mechanism 
of storage capacity and past performance of the importer.   Indonesia perceived the importance of mainta ining the balance between supply and demand 
in order to avoid market distortion and price dest abilization. Accordingly the determination of import 
volume are based on the demand and supply in Indon esia’s market and conducted with transparent 
mechanism.   G/LIC/Q/IDN/20 
 Page 3 
 
 
  5.    Question  
 
 What licensing procedures, if any, does Indonesia apply to the domestic production of livestock and animal products?    Answer  
 
 The domestic production line of Livestock and animal products i.e Slaughter House, Animal 
Husbandry and Animal Health, Public  Health related to animal and animal disease, animal welfare,  
etc. are directed by Law 18/2009 concerni ng  Animal Husbandry and Animal Health.  
 
6.   Question  
 
 Are all applicants treated the same, and do they  all have equal opportuni ty 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. 
 
 Answer   
 
 By allowing to grant the License to all a pplicant as long as the application fulfil the 
requirements sets in the regulations (Law 18/200 9 on Animal Husbandry and Animal Health, the 
Ministry of Agriculture Regulation No. 50/2011), and the Ministry of Trade Regulation No. 24/2011 
treats equally all the registered Importer of Anim al and Animal Products (IT-Animal), and therefore 
provide equal opportunity am ong the importer (IT-Animal). 
 
7.   Question 
 
 We note that Annex II of Ministry of Agricu lture 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?   Answer   
 
 There is no prohibition of the importation of any poultry products under Ministry of Trade Regulation No. 24/2011. However,  issuance of the import permit based on recommendation of the 
ministry of Agriculture subject to requirements in Ministry of Agriculture Regulation No.50/ 
Permentan/OT.140/9/2011; No 51/Permentan/OT.140 /9/2011; and No 52/Permentan/OT.140/9/2011.  
 
II. HORTICULTURAL PRODUCTS  
1.   Question 
 
 What is the status of the approved and pr oposed 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.    G/LIC/Q/IDN/20 
Page 4  
 
  Answer  
 
 The Decree of the Minister of Agriculture of the Republic of Indonesia No. 03/Permentan/OT.140/1/2012 concerning Recomme ndation of the Importation of Horticultural 
Products was signed on January31, 201 2, and is going to enter  into force on April 31, 2012. This 
Decree is in the notification process stage and will notify this decree in the near future. 
 
2.   Question 
 
 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.    Answer  
 
 Indonesia has not issue any implementation d ecree of the Agricultural Ministerial Decree 
No. 3/Permentan/OT.140/1/2012.  
3.   Question 
 
 Please explain whether these measures impose a non-automatic import licensing regime and what underlying measure or administrative procedure they implement.   
 Answer  
 
 The Decree shall be categorized as automatic import licensing.  
4.   Question  
 
 Please explain the process that the Ministry of Ag riculture 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? 
 
 Answer  
 
 There will be a separate by laws and implemen ting regulations to address import permits for 
horticultural products. Ministry of Agriculture  Regulation No. 3/Permentan/OT.140/1/2012 is 
regarding the recommendation for importation. Th e importation permit shall be granted by the 
ministry of trade. Indonesia will notify the mechanism of import licensing procedure as soon as the regulation of the ministry of trade had been enacted.   
5.   Question  
 
 What licensing procedures, if any, does Indonesia apply to the domestic production of horticultural products subject to import licensing requirements?  G/LIC/Q/IDN/20 
 Page 5 
 
 
  Answer  
 
 Indonesia will answer this question as soon the regulation of the import had been enacted by the Ministry of Trade.   6.   Question 
  Are all applicants treated the same, and do they  all have equal opportuni ty 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. 
 
 Answer 
 
 Idem. 
 
7.   Question 
  How does the licensing system meet the requi rement, 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?   Answer  
 
 Idem. 
 
8.  Question  
 
 Article 3 of the ILA states that "Non-auto matic 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.   Answer  
 
 Idem. 
 
9.    Question 
 
 Article 1.6 provides that license application pr ocedures "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? 
 
 Answer  
 
 Idem. 
 
10.   Question  
 
 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 G/LIC/Q/IDN/20 
Page 6  
 
  60 days, if applications are considered simultaneous ly.  Which system does Indonesia use, and what is 
the maximum processing time for issuing import licenses?  
 Answer  
 
 Idem.  
11.   Question   
 
 Annex II of Regulation 3 lists the products  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?    
 Answer  
 
 There will be a separate by laws and implemen ting regulations to address import permits for 
horticultural products not included into the Decree.   
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