UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
Document: Communication from the Arbitrator
Date: 9 October 2014
Document codes: WT/DS406/18
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
Communication from the Arbitrator
The following communication, dated 8 October 2014, has been received from the Chairperson of
the Arbitrator with the request that it be circulated to the Dispute Settlement Body.

The Arbitrator has received a joint communication dated 3 October 2014 (attached) from the
parties, in which they:

a. indicate that they have reached a mutually agreed solution in this dispute, which they
have jointly notified to the DSB;
b. inform the Arbitrator that Indonesia has withdrawn its request under Article 22.2 of the
DSU () and that the United States has withdrawn its objection to that
request (); and
c. jointly request that the Arbitrator notify the Dispute Settlement Body that it is not
necessary for the Arbitrator to issue a decision in this proceeding and that its work has
been completed.
In light of the circumstances described in this joint communication, the Arbitrator considers that it
is not necessary for it to issue a decision on the matter referred to it. The Arbitrator therefore
considers that it has completed its work.

Communication dated 3 October 2014
Addressed to H.E. Mr Ronald Saborío Soto, Chairperson of the Arbitrator,
from the delegations of Indonesia and the United States

The United States and Indonesia would like to express our sincere thanks to you and the other
Members of the Arbitrator for your service in the above-referenced proceeding.
The United States and Indonesia are pleased to info rm you that, in accordance with Article 3.6 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"),
Indonesia and the United States have reached a mutually agreed solution to the matter raised by
the Government of Indonesia in United States – Measures Affecting the Production and Sale of
Clove Cigarettes (WT/DS406). We have jointly notified this mutually agreed solution to the
Dispute Settlement Body ("DSB").

In light of the mutually agreed solution, Indonesia has withdrawn its request to the DSB
(circulated as WT/DS406/12) pursuant to Article 22.2 of the DSU for authorization to suspend the
application to the United States of concessions and other obligations under the General Agreement
on Tariffs and Trade 1994 , the Agreement on Technical Barriers to Trade , and the Agreement on
Import Licensing Procedures . Indonesia having withdrawn its request under Article 22.2 of the
DSU, the United States has withdrawn its objection to that request (circulated as WT/DS406/13).

The United States and Indonesia therefore respectf ully request that the Arbitrator notify the DSB
that it is not necessary for the Arbitrator to issue a decision in this proceeding and that its work
has been completed.