ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS
Document: Request for the Establishment of a Panel by Japan
Date: 7 December 2012
Document codes: WT/DS445/10
Complainant: Japan
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, EU, Guatemala, India, Israel, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. III:4  GATT 1994

ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS

Request for the Establishment of a Panel by Japan

 The following communication, dated 6 Decemb er 2012, from the delegation of Japan to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

On 21 August 2012, Japan requested consulta tions with the Government of Argentina
("Argentina") pursuant to, inter alia, Articles 1 and 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU"), Article XXII of the General Agreement on Tariffs and
Trade 1994 ("GATT 1994") and Article 6 of the Agreement on Import Licensing Procedures ("ILP
Agreement") concerning certain measures imposed by Argentina on the importation of goods into
Argentina.
1 Japan held consultations with Arge ntina on 20 and 21 September 2012. Those
consultations unfortunately did not resolve the dispute.
As a result, Japan respectfully requests that a Panel be established to examine this matter
pursuant to Article 6 of the DSU, Article XX III:2 of the GATT 1994 and Article 6 of the ILP
Agreement.
I. DECLARACION JURADA ANTICIPADA DE IMPORTACION REQUIREMENT
As of 1 February 2012, 2 Argentina has required importers to submit a Declaración Jurada
Anticipada de Importación for all imports of goods into Argentina (the "DJAI Requirement"). 3
Relevant legal instruments comprising this measure are listed in Annex I to this request.
This measure requires an importer, prior to th e importation of goods, to submit an affidavit
with certain information, which is processed by the Administración Federal de Ingresos Publicos
("AFIP") and then transmitted to participati ng governmental entities. These bodies may suspend
approval of an importer’s submission by placing an "observation" ( observaciones) that serves as a
hold on the submission in the DJAI electronic system. Until that hold is lifted, the DJAI will not be
"validated" ( estado salida ) and the products cannot be importe d. However, the conditions for
approval of DJAIs are not stated in Argentine lega l instruments, nor are they published or otherwise
made available to other Members or traders. In addition, Argentina enforces the restrictive trade
related requirements describe d below at Section III by, inter alia, withholding the issuance of DJAI
approvals.

1 WT/DS445/1, G/L/996, G/LIC/D/42, G/TRIMS/D/32, G/SG/D44/1.
2 The DJAI system was established on 5 January 2012 and the requirement was made effective as of
1 February 2012.
3 There are certain narrow exceptions to the DJAI Requirement, including inter alia for samples,
donations, and diplomatic and courier shipments.

Japan considers that, by adopting and mainta ining the DJAI Requirement, Argentina has
acted inconsistently with the following WTO provisions:
 Article X: 1 of the GATT 1994, because Argentina has failed to publish laws, regulations
and administrative rulings of general application pertaining to the operation of the DJAI
Requirement promptly in such a manner as to enable governments and traders to become
acquainted with them.

 Article X: 3(a) of the GATT 1994, because the DJAI Requirement is not administered in a
uniform, reasonable and impartial manner.
 Article XI: 1 of the GATT 1994, because the DJAI Requirement prohibits or restricts the
importation of goods.

 Article 1.3 of the ILP Agreement, because the rules for its application are not neutral in
application or administered in a fair and equitable manner.

 Article 1.4(a) of the ILP Agreement because Argentina has not published the rules and all
information concerning procedures for the submission of applications, in the sources
notified to the Committee on Import Licensing, in such a manner as to enable
governments and traders to become acquainted with them.

 Article 1.6 of the ILP Agreement, because application and renewal procedures for DJAIs
are not as simple as possible and applicants can be required to approach more than three
administrative bodies.

 Article 3.2 of the ILP Agreement, because the DJAI Requirement constitutes a non-
automatic import licensing procedure and has trade-restrictive or -distortive effects on
imports additional to those caused by the imposition of any restriction that this measure is
purported to implement; because the DJAI Requirement is broader in scope and duration
than any measure it is used to implement; and because it is more administratively
burdensome than absolutely necessary to administer any such measure.

 Article 3.3 of the ILP Agreement, because Argentina has not published sufficient
information for other Members and traders to know the basis for granting and/or
allocating licenses.

 Article 3.5(f) of the ILP Agreement, because the period for processing applications
exceeds the maximum permitted by that provision.

 Articles 5.1, 5.2, 5.3, and 5.4 of the ILP Agreement, because Argentina has not notified
the Committee on Import Licensing of the DJAI Requirement, or changes thereto, or the
publication(s) in which the information required in paragraph 4 of Article 1 of the ILP
Agreement will be published.
II. CERTIFICADO DE IMPORTACION REQUIREMENT
Argentina subjects the importation of certain goods into Argentina to a non-automatic import
license requirement by requiring Certificados de Importación as a condition for the importation of
goods (the "CI Requirement"). The CI Requirement currently covers nearly 600 tariff lines over 17
product groups. The legal instruments covering th ose product groups are set out in Annex II.
However, the conditions for granting CIs are not stat ed in Argentine legal instruments, nor are they

published or otherwise made available to other Member s or traders. In addition, Argentina enforces
the restrictive trade related requireme nts described below at Section III by, inter alia, withholding the
issuance of CIs.
Japan considers that, when viewed as a single regime, or alternatively as 17 individual import
licensing procedures, the CI Requirement is inconsistent with the following WTO provisions:
 Article X:1 of the GATT 1994, because Argentina has failed to publish laws, regulations
and administrative rulings of general application pertaining to the operation of the CI
Requirement promptly in such a manner as to enable governments and traders to become
acquainted with them.
 Article X: 3(a) of the GATT 1994, because the CI Requirement is not administered in a
uniform, reasonable and impartial manner.
 Article XI: 1 of the GATT 1994, because the CI Requirement prohibits or restricts the
importation of goods.
 Article 1.3 of the ILP Agreement, because the rules for its application are not neutral in
application or administered in a fair and equitable manner.
 Article 1.4(a) of the ILP Agreement because Argentina has not published the rules and all
information concerning procedures for the submission of applications, in the sources
notified to the Committee on Import Licensing, in such a manner as to enable
governments and traders to become acquainted with them.
 Article 3.2 of the ILP Agreement, because the CI Requirement constitutes a non-
automatic import licensing procedure and has trade-restrictive or -distortive effects on
imports additional to those caused by the imposition of any restriction that the CI
Requirement purports to implement; because it is broader in scope and duration than any
measure it is used to implement; and because it is more administratively burdensome than
absolutely necessary to administer any such measure.
 Article 3.3 of the ILP Agreement, because Argentina has not published sufficient
information for other Members and traders to know the basis for granting and/or
allocating licenses.
 Article 3.5(f) of the ILP Agreement, because the period for processing applications
exceeds the maximum permitted by that provision.
 Articles 5.2(g) of the ILP Agreement, because Argentina has not included the information
regarding the measure being implemented through the licensing procedures in its
notifications.
III. RESTRICTIVE TRADE RELATED REQUIREMENTS
Separately and/or in combination with the a bove measures described in Sections I and II,
Argentina requires economic operators to undertak e certain actions with a view to pursuing
Argentina's stated policy objectives of elimination of trade balance deficits and import substitution.
Those actions include to: (1) export a certain value of goods from Argentina related to the value of
imports; (2) limit the volume of impor ts and/or reduce their price; (3 ) refrain from repatriating funds
from Argentina to another country; (4) make or increase investments in Argentina (including in
production facilities); and/or (5) incorporate local content into domestically produced goods.

These requirements are not stipulated in any pub lished law or regulation. To satisfy these
requirements, economic operators normally either su bmit a statement or conclude an agreement with
Argentina setting out the actions they will ta ke. Argentina enforces these commitments by
withholding permission to import, inter alia, by withholding the issuance of DJAI or CI approvals.
Japan considers that whether an alyzed separately or together with the measures described in
Sections I and II, these requirements, and any applica tion thereof, are inconsistent with the following
provisions:
 Article III:4 of GATT 1994, to the extent that Argentina requires domestic producers to
increase local content and/or limit imports to an amount related to the volume or value of
local products that they export.
 Article X:1 of the GATT 1994, because Argentina has failed to publish laws, regulations
and administrative rulings of general application pertaining to the operation of the
measure promptly in such a manner as to enable governments and traders to become
acquainted with them.
 Article XI: 1 of the GATT 1994, because the measure prohibits or restricts the
importation of goods.

Accordingly, Japan respectfully requests that the Dispute Settlement Body establish a panel to
examine this matter, with the standard terms of reference as set out in Article 7.1 of the DSU.

Annex I
Declaración Jurada Anticipada de Importación (DJAI)
- Resolución AFIP 3252/2012
- Resolución AFIP 3255/2012
- Resolución AFIP 3256/2012
- Resolución SCI 1/2012
- Comunicación del Banco Ce ntral "A" 5274 of 1.30.2012
- Any amendments, replacements, extensions or implementing measures

Annex II
Non-automatic licenses in the form of import certificates (Certificados de Importación)
- Import certificate for shoes (productos del sect or calzado) - C.I.C.: Resolución MEyOSP
977/99, Resolución SICM 736/99 and Resolución MEyP 486/2005
- Import certificate for paper (papel) - C.I. P.: Resolución MEyOSP 1117/99 and Resolución
SICyM 798/99
- Import certificate for household products (artíc ulos para el hogar) - C.I.A.H.: Resolución
MEyP 444/2004 and Resolución SICPME 177/2004
- Import certificate for toys (juguetes) - C.I.J.: Resolución MEyP 485/2005
- Import certificate for motorcycles (motocicletas) - C.I.M.: Resolución MEyP 689/2006
- Import certificate for bicycle tires (cubiertas y cámaras neumáticas de bicicletas) -
C.I.C.C.N.B.: Resolución MEyP 694/2006
- Import certificate for miscellaneous manufactured products (manufacturas diversas) -
C.I.M.D.: Resolución MEyP 47/2007
- Import certificate for shoe parts (partes de calzado) - C.I.P.C.: Resolución MEyP 61/2007
- Import certificate for balls (pelotas) - C.I.P.: Resolución MEyP 217/2007
- Import certificate for textile products (produ ctos textiles) - C.I.P.T.: Resolución MEyP
343/2007
- Import certificate for metal products (productos metalúrgicos) - C.I.P.M.: Resolución MEyP
588/2008
- Import certificate for yarns (hilados y tejidos) - C.I.H.T.: Resolución MEyP 589/2008
- Import certificate for tires (neumáticos) - C.I.N.: Resolución MP 26/2009
- Import certificate for miscellaneous products (p roductos varios) - C.I.P.V.: Resolución MP
61/2009
- Import certificate for screws and similar products (tornillos y afines) - C.I.T.A.: Resolución
MP 165/2009
- Import certificate for autoparts (autopartes y afines) - C.I.A.P.A.: Resolución MP 337/2009
- Import certificate for motor vehicles (vehícul os automóviles) - C.I.V.A.: Resolución MI
45/2011
- Any amendments, replacements, extensions, or implementing measures.