INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS UNDERSTANDING BETWEEN BRAZIL AND INDONESIA REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: Agreed Procedures
Date: 1 August 2018
Document codes: WT/DS484/17
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
UNDERSTANDING BETWEEN BRAZIL AND INDONESIA REGARDING
PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
The following communication, dated 27 July 2018, from the delegation of Brazil and the delegation
of Indonesia to the Chairperson of the Dispute Settlement Body, is circulated at the request of
these delegations.

Brazil and Indonesia wo uld like to inform the Dispute Settlement Body (DSB) of the attached
"Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" between
Brazil and Indonesia with respect to the dispute "Indonesia - Measures Concerning the Importation
of Chicken Meat and Chicken Products" (WT/DS484).

We kindly request that you circulate the attached agreement to the Members of the DSB.

Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding

Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products
(DS484)

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 (WT/DS484).

Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") Brazil and Indonesia agreed that the reasonable period of time to
implement the DSB recommendations and rulings would be eight months, expiring on 22 July 2018

Brazil and Indonesia (the "Parties") have agreed on the following procedures for the exclusive
purposes of this dispute. They are designed to facilitate the resolution of the dispute and reduce
the scope for procedural disputes, without prejudice to either Party`s position on the correct
interpretation of the DSU:

1. If Brazil deems it appropriate to invoke Article 21.5 of the DSU, Brazil may at any time
request the establishment of a compliance panel pursuant to that Article. Brazil will not
need to hold previous consultations with Indonesia before requesting the establishment of
the panel. If, however, Brazil requests consultations, the Parties agree to hold such
consultations within 15 days from the date of receipt of the request.

2. In case consultations are requested, Brazil may, at any time after the 15 -day period
referenced in paragraph 1, request the establishment of a compliance panel pursuant to
DSU Article 21.5.

3. At the first DSB meeting at which Brazil’s request for the establishment of an Article 21.5
compliance panel appears as an item on the agenda, Indonesia will accept the
establishment of that panel.

4. The Parties will cooperate to enable the compliance panel to circulate it s report within 90
days of the panel's establishment, excluding such time as the panel's work may be
suspended pursuant to Article 12.12 of the DSU.

5. Either Party to the dispute may request the DSB to adopt the report of the Article 21.5
panel at a DSB mee ting held at least 20 days after the circulation of the report to the
Members unless either Party appeals the report.

6. In case of an appeal of the compliance panel report, the Parties will cooperate to enable
the Appellate Body to circulate its report within 90 days from the date of notification of the
appeal to the DSB.

7. In case of an appeal, either Party may request the DSB to adopt the reports of the
Appellate Body and of the Article 21.5 panel (as modified by the Appellate Body report) at
a DSB meeting held within 30 days of the circulation of the Appellate Body report to the
Members.

8. In the event that the DSB rules that a measure taken by Indonesia to comply does not
exist or is inconsistent with a covered agreement, Brazil may at any time request
authorization to suspend concessions or other obligations in accordance with Article 22 of
the DSU.

9. Indonesia shall not assert that Brazil is precluded from obtaining such DSB authorization
on the grounds that the request was made outside the 30 -day time -period specified in
Article 22.6 of the DSU. This is without prejudice to the right of Indonesia to have the
matter referred to arbitration in accordance with Article 22.6 of the DSU.

10. If Brazil requests authorization to suspend concessions or other obligation s pursuant to
Article 22.2 of the DSU, and if Indonesia objects under Article 22.6 of the DSU to the level

of suspension of concessions or other obligations and/or claims that the principles and
procedures set forth in DSU Article 22.3 have not been follow ed, the matter will be
referred to arbitration pursuant to DSU Article 22.6.

11. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to
circulate its award within 60 days of the referral to arbitration.

12. The Parties will cooperat e to facilitate the participation of the original panelists in the
compliance panel and the Article 22.6 arbitration.

13. If any of the original panelists is not available for either the Article 21.5 compliance panel
or the Article 22.6 arbitration, or both, the Parties will promptly consult on a replacement
panelist or arbitrator, and either Party may request the Director -General of the WTO to
appoint, within 10 days, a replacement for the proceeding or proceedings in which such a
replacement is required. For any such request where an original panelist is unavailable to
serve on the compliance panel and the Article 22.6 arbitration, the Parties will request that
in selecting a panelist for the compliance panel, the Director -General seek a person who
will also be available to act in both proceedings.

14. The Parties agree to continue to cooperate in all matters related to these Agreed
Procedures and not to raise any procedural objection to any of the steps set out herein. If,
during the application of these procedu res, the Parties consider that a procedural aspect
has not been properly addressed, they will endeavour to find a solution within the shortest
time possible that will not affect the other aspects and steps agreed herein.

15. In the event that Brazil and Indon esia reach a mutually agreed solution to this dispute
during the course of the Article 21.5 compliance panel or the Article 22.6 arbitration
proceedings, and upon notification of such a mutually agreed solution, the Parties will
jointly request the panel o r the arbitrator to suspend its work (including the circulation of
its report or award, as the case may be).

16. These Agreed Procedures in no way prejudice other rights of either Party to take any
action or procedural step to protect its rights and interests, including recourse to the DSU.

17. Before the end of 2018, the Parties agree to consult with a view to achievin g a resolution
to this dispute.

Agreed in Geneva on 27 July 2018.