AUSTRALIA – ANTI-DUMPING MEASURES ON A4 COPY PAPER UNDERSTANDING BETWEEN AUSTRALIA AND INDONESIA REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: UNDERSTANDING BETWEEN
Date: 7 October 2020
Document codes: WT/DS529/18
Complainant: Indonesia
Respondent: Australia
Third parties: Canada, China, EU, Egypt, India, Israel, Japan, South Korea, Russia, Singapore, Thailand, Ukraine, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 2.2, 2.2.1.1  Anti-dumpingArt. VI:1  GATT 1994Art. 9.3  Anti-dumpingArt. VI:2  GATT 1994

AUSTRALIA – ANTI-DUMPING MEASURES ON A4 COPY PAPER
UNDERSTANDING BETWEEN AUSTRALIA AND INDONESIA
REGARDING PROCEDURES UNDER ARTICLES 21
AND 22 OF THE DSU
The following communication, dated 2 October 2020 , from the delegation of Australia and the
delegation of Indonesia to the Chairperson of the Dispute Settlement Body, is circulated at the
request of these delegations.

On 27 January 2020, the Dispute Settlement Body (DSB) adopted its recommendations and rulings
in the dispute Australia – Anti-Dumping Measures on A4 Copy Paper ( WT/DS529). Pursuant to
Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), Indonesia and Australia agreed that the period of time to implement the DSB
recommendations and rulings would be eight months, expiring on 27 September 2020, with an
extension of one month in the event of unavoidable delays. During the implementation period,
Australia has conducted a review of the anti-dumping measures at issue in this dispute, within the
framework of Australia's anti-dumping system, taking into account the recommendations and rulings
of the DSB.

Indonesia and Australia (collectively "the Parties") have agreed on the follow ing 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 and are without prejudice to either Party's views on the
correct interpretation of the DSU:

1. Should Indonesia consider that the situation described in Article 21.5 of the DSU exists,
Indonesia will request that Australia enter into consultations with Indonesia. The Parties
agree to hold such consultations within 20 days from the receipt of t he request. After
this 20-day period has elapsed, Indonesia may request the establishment of a panel
pursuant to Article 21.5 of the DSU at any time.

2. At the first DSB meeting at which Indonesia's request for the establishment of an
Article 21.5 panel appears on the agenda, Australia will accept the establishment of that
panel.

3. The Parties will cooperate to enable the Article 21.5 panel to circulate its report within
90 days of the panel's establishment, excluding such time during which the panel's work
may be suspended pursuant to Article 12.12 of the DSU.

4. Either Party to the dispute may request the DSB to adopt the report of the Article 21.5
panel at a DSB meeting held at least 20 days but within 60 days after the circulation of
the report to the Members, unless either Party appeals the report.

5. In the event of an appeal of the Article 21.5 panel report, the Parties will cooperate to
enable the Appellate Body to circulate its report to the Members within no more than
90 days from the date of notification of the appeal to the DSB.

6. The Parties agree that if, on the date of the circulation of the panel report under
Article 21.5 of the DSU, the Appellate Body is composed of fewer than three Members
available to serve on a division in an appeal in these proceedings (hereinafter referred
to as "non-functioning Appellate Body"), either Party may appeal the Article 21.5 panel
report through resort to the arbitration mechanism outlined in Article 25 of the DSU. In
these circumstances, the Part ies will agree to Article 25 arbitration procedures to be
used in the event of an appeal, before the Article 21.5 panel report is issued to the
Parties (but noting the Parties would only resort to Article 25 arbitration if there was a
non-functioning Appel late Body on the date of circulation of the Article 21.5 panel
report). The Parties will notify all Members of their agreement to resort to arbitration
sufficiently in advance of the actual commencement of the arbitration process. In the
event of an appeal through resort to arbitration pursuant to Article 25 of the DSU, the
Parties will cooperate to enable the arbitrators to notify the award to the DSB and the
Council or Committee of any relevant agreement within no more than 90 days from the
date of notification of the appeal to the DSB.

7. Indonesia may request authorization to suspend concessions or other obligations
pursuant to Article 22.2 of the DSU only in the event that the DSB rules as a result of a
proceeding under Article 21.5 of the DSU that a measure taken to comply does not exist
or is inconsistent with a covered agreement. Australia will not assert that Indonesia is
precluded from obtaining such DSB authorization because its request was made outside
the time period specified in the first sentence of Article 22.6 of the DSU. This is without
prejudice to Australia's right to have the matter referred to arbitration in accordance
with Article 22.6 of the DSU.

8. If Indonesia requests authorization to suspend concessions or other obligations
pursuant to Article 22.2 of the DSU, Australia will have the right to object under
Article 22.6 of the DSU to the level of suspension of concessions or other obligations
and/or claim that the principles and procedures set forth in Article 22.3 of the DSU have
not been followed. In the event of such objection, the matter will be referred to
arbitration pursuant to Article 22.6 of the DSU.

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

10. 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), or any person serving in such proceedings
becomes unavailable to serve, the Parties will promptly consult on a replacement, and
either Party may request the Director -General of the WTO to appoint, within ten days
of being so requested, a replacement for the proceeding or proceedings in which a
replacement is required. If an original pa nelist is unavailable to serve in either of the
proceedings, or a person serving in such proceeding becomes unavailable to serve, the
Parties will further request that, in making this appointment, the Director-General seek
a person who will be available to act in both proceedings.

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

12. These agreed procedures are of less-than-treaty status, and 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 any of the provisions of the DSU.

13. This document will be executed in 2 (two) original copies. Each Party will receive 1 (one)
original copy, all of which will be equally valid.