INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS COMMUNICATION FROM INDONESIA  AND BRAZIL CONCERNING ARTICLE 21.3(C) OF THE DSU
Document: COMMUNICATION FROM
Date: 9 February 2018
Document codes: WT/DS484/15
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
COMMUNICATION FROM INDONESIA AND BRAZIL CONCERNING
ARTICLE 21.3(C) OF THE DSU
The following communication, dated 7 February 2018 , from the delegation of Indonesia and the
delegation of Brazil to the Chairperson of the Dispute Settlement Body, is circulated at the request
of these delegations.

At its meeting on 22 November 2017, the Dispute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute Indonesia — Measures Concerning the Importation of
Chicken Meat and Chicken Products (DS484). At that meeting, Indonesia stated that it would need
a reasonable period of time ("RPT") to implement the DSB's recommendations and rulings i n this
dispute.

On 15 December 2017, in a letter to the Chairperson of the DSB (), Indonesia
confirmed that it could not immediately comply with the recommendations and rulings of the DSB
and that it would need an RPT to do so. Indonesia also o bserved that the 45 -day time limit
referred to in Article 21.3(b) of the DSU would end on 6 January 2018 and that it would be
necessary for the parties to extend that deadline in order to reach a mutually agreed RPT. O n
11 January 2018, Brazil responded to Indonesia's communication () stating that it
accepted the extension of the RPT negotiations until the regular DSB meeting of 22 February 2018.

Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the RPT shall be determined "through binding arbitration within 90 days after the date of
adoption of the recommendations and rulings."

In order to allow sufficient time for the parties to discuss a mutually agreed period of time or
for an arbitration to be completed, Brazil and Indonesia (i) confirm their common understanding
that, in the event an arbitration under Article 21.3(c) of the DSU is requested, it sh all be
completed no later than 60 days after the date of the appointment of an arbitrator, unless the
arbitrator, following consultation with the parties, considers that additional time is required; and
(ii) hereby confirm that any award of the arbitrator (including an award not made within 90 days
after the date of adoption of the recommendations and rulings) shall be deemed to be an award of
the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the RPT for Indonesia
to implement the recommendations and rulings of the DSB.

We respectfully request that you circulate this notification to the Members of the DSB.