INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL NOTIFICATION OF AN APPEAL BY INDONESIA UNDER ARTICLE 16.4 AND ARTICLE 17.1 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Document: OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Date: 18 December 2020
Document codes: WT/DS484/25
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL
NOTIFICATION OF AN APPEAL BY INDONESIA UNDER ARTICLE 16.4 AND ARTICLE 17.1
OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE
SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE
WORKING PROCEDURES FOR APPELLATE REVIEW
The following communication, dated 17 December 2020, from the delegation of Indonesia, is being
circulated to Members.

Pursuant to Articles 16.4 and 17 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Rule 20 of the Working Procedures for Appellate Review, Indonesia
hereby notifies the Dispute Settlement Body of its decision to appeal to the Appellate Body on certain
issues of law and legal interpretation covered in the compliance Panel Report entitled Indonesia —
Measures Concerning the Importation Of Chicken Meat and Chicken Products – Recourse to
Article 21.5 of the DSU by Brazil (), which was circulated on 10 November 2020
(the "Compliance Panel Report"). Pursuant to Rules 20(1) and 21(1) of the Working Procedures for
Appellate Review, Indonesia is simultaneously filing this Notice of A ppeal to the Appellate Body
Secretariat.
For the reasons to be further elaborated in its submission to the Appellate Body, Indonesia appeals,
and requests the Appellate Body to modify or reverse legal interpretations leading to the legal
findings and conclusions of the compliance Panel, with respect to the following errors contained in
the compliance Panel Report:1
I. The Compliance Panel's findings and conclusions under Article 8 and
Annex C(1)(a) of the SPS Agreement
Indonesia submits that the compliance Panel's findings leading to its conclusion that the only way
for Indonesia to comply with Article 8 and Annex C(1)(a) of the SPS Agreement solely by completing
the approval procedure is a legal error. In addition, Indo nesia believes that the compliance Panel’s
findings leading to its conclusion on non-compliance, irrespective of the events that occurred after
compliance Panel establishment since there was a finding of undue delay in the period leading up to
compliance Panel establishment and given the non-completion of the procedure, is also a legal error
especially in compliance proceeding. Thus, the compliance Panel has erred to find that Indonesia
has caused further undue delay in the approval of the veterinary health certificate that is inconsistent
with Article 8 and Annex C(1)(a) of the SPS Agreement.
Indonesia, therefore, requests the Appellate Body to reverse or modify the compliance Panel's
findings and conclusions contained, inter alia, in paragraphs 7.49 – 7.51, 7.53 – 7.54, and as well

1 Pursuant to Rule 20(2)(d)(iii) of the Working Procedures for Appellate Review, this Notice of Appeal
includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without prejudice
to Indonesia's right to refer to other paragraphs of the Panel Report in the context of its appeal.

as paragraphs 7.89 – 7.91. In addition, Indonesia also requests the Appellate Body to reverse or
modify the compliance Panel's conclusions and recommendations in paragraphs 8.1 of its Report.
II. The Compliance Panel's failure to make an objective assessment under Article 8
and Annex C(1)(a) of the SPS Agreement
Indonesia submits that the compliance Panel failed to conduct an objective assessment by not taking
into account post -compliance Panel establishment developments. The complian ce Panel did not
examine the post-compliance Panel establishment developments only because Brazil has requested
review of events after compliance Panel establishment only in the alternative.
In addition, the compliance Panel also failed to conduct an objective assessment by not following its
own working procedure as well as its own approach consistently towards all measures at issue in
the dispute. Thus, the compliance Panel failed to conduct an objective assessment when assessing
Indonesia’s compliance with Article 8 and Annex C(1)(a) of the SPS Agreement.
Indonesia, therefore, requests the Appellate Body to reverse the compliance Panel's findings and
conclusions contained, inter alia, in paragraphs 7.45 – 7.46, 7.89 – 7.91 as well as paragraphs 7.72-
7.88. In addition, Indonesia also requests the Appellate Body to reverse the compliance Panel's
conclusions and recommendations in paragraphs 8.1 of its Report.
III. The Compliance Panel erred in determining the cold storage requirement is
inconsistent with Article III:4 of the GATT 1994
Indonesia submits that the compliance Panel has erred in determining that the sanction provisions
stipulated in Article 28(a) and Article 31 of MoT 29/2019 as amended are inconsistent with
Article III:4 of the GATT 1994 due to the compliance Panel errors in its interpretation of Indonesia's
regulation. In addition, Indonesia also submits that the compliance Panel has erred in applying the
legal provisions to the facts of the case.
Indonesia, therefore, requests the Appellate Body to reverse the compliance Panel's conclusions and
the compliance Panel's legal interpretations and findings contained in paragraphs, inter alia, 7.160,
7.162 – 7.164, 7.168 – 7.171, 7.178 – 7.180, 7.194 and 7.206 of the compliance Panel Report. In
addition, Indonesia also requests the Appellate Body to reverse the compliance Panel's conclusions
and recommendations in paragraphs 8.1 of its Report.
IV. The Compliance Panel's failure to make an objective assessment under
Article III:4 of the GATT 1994
Indonesia submits that the compliance Panel has failed to make an objective assessment before it
because the compliance Panel failed to ensure Indonesia’s due process rights during the compliance
proceeding by accepting Brazil’s new arguments concerning sanction provisions relating to a breach
of cold storage requirement in very late stage of the compliance proceeding.
Indonesia also submits that the compliance Panel failed to make an objective assessment by allowing
Brazil to introduce arguments on measur es that have been in existence in the original proceeding
but, on the contrary, not allowing Indonesia to invoke Indonesia’s regulation that was already in
existence during the original panel proceeding as a defence.
Indonesia, therefore, requests the App ellate Body to reverse the compliance Panel's findings and
conclusions contained, inter alia, in paragraphs 7.172 – 7.174, 7.194, and 7.206. Indonesia also
requests the Appellate Body to reverse the compliance Panel's conclusions and recommendations in
paragraphs 8.1 of its Report.