dean22029/WTO_Docs huggingface dataset:
JAPAN – MEASURES RELATED TO THE EXPORTATION OF PRODUCTS AND TECHNOLOGY TO KOREA REQUEST TO JOIN CONSULTATIONS
Document: Communication from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
Date: 27 September 2019
Document codes: WT/DS590/2; WT/DS590/1; G/L/1325; G/TFA/D3/1; G/TRIMS/D/45; S/L/431
Complainant: South Korea
Respondent: Japan
Third parties: Brazil, Canada, China, Taiwan, EU, India, Norway, Russia, Saudi Arabia, Singapore, Turkey, Ukraine, United Kingdom, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, X, VIII, XI:1, XIII, XIII:1, XXIII:1(b)  GATT 1994Art. 2, 6, 7, 8  Trade Facilitation (TFA)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3.1, 4, 28.2  Intellectual Property (TRIPS)Art. VI:1, VI:5(a)  Services (GATS)Art. XVI:4  Agreement Establishing the World Trade Organization

JAPAN – MEASURES RELATED TO THE EXPORTATION OF
PRODUCTS AND TECHNOLOGY TO KOREA
REQUEST TO JOIN CONSULTATIONS
Communication from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
The following communication, dated 25 September 2019 , from the delegation of the Separate
Customs Territory of Taiwan, Penghu, Kinmen and Matsu to the delegation of Japan, and the
delegation of the Republic of Korea, is circulated to the Dispute Settlement Body in accordance with
Article 4.11 of the DSU.

I would like to refer to the consultations requested by Korea in the communication circulated to WTO
Members on 16 September 2019 (, , , , ,
) titled JAPAN– MEASURES RELATED TO THE EXPO RTATION OF PRODUCTS AND
TECHNOLOGY TO KOREA.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu hereby notifies the
consulting Members and the Dispute Settlement Body of its desire to be joined in these consultations.

The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu has a substantial trade
interest in the exportation of certain controlled products and a substantial systemic interest in the
interpretation of the provisions of the General Agreement on Tariffs and Trade 1994, the provisions
of the Agreement on Trade Facilitation, the provisions of the Agreement on Trade -Related
Investment Measures, the provisions of the Agreement on Trade -Related Aspects of Intellectual
Property Rights as amended by the 2005 Protocol Amending the TRIPS Agreement, and the
provisions of the General Agreement on Trade in Service with respect to the measures in question
related to the exportation of products and technology.

I look forward to receiving confirmation of acceptance of this request, as well as advice regarding
the time and venue for these consultations.
JAPAN – MEASURES RELATED TO THE EXPORTATION OF PRODUCTS AND TECHNOLOGY TO KOREA REQUEST TO JOIN CONSULTATIONS
Document: Communication from the European Union
Date: 30 September 2019
Document codes: WT/DS590/3
Complainant: South Korea
Respondent: Japan
Third parties: Brazil, Canada, China, Taiwan, EU, India, Norway, Russia, Saudi Arabia, Singapore, Turkey, Ukraine, United Kingdom, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, X, VIII, XI:1, XIII, XIII:1, XXIII:1(b)  GATT 1994Art. 2, 6, 7, 8  Trade Facilitation (TFA)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3.1, 4, 28.2  Intellectual Property (TRIPS)Art. VI:1, VI:5(a)  Services (GATS)Art. XVI:4  Agreement Establishing the World Trade Organization

JAPAN – MEASURES RELATED TO THE EXPORTATION OF
PRODUCTS AND TECHNOLOGY TO KOREA
REQUEST TO JOIN CONSULTATIONS
Communication from the European Union
The following communication, dated 26 September 2019, from the delegation of the European Union
to the delegation of Japan, and the delegation of the Republic of Korea, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, the European Union hereby notifies the Government of Japan, the Government of Korea
and the Dispute Settlement Body that, in light of its substantial trade interest, it desires to be joined
in the consultations requested by Korea in a communication circulated to the WTO Members on 16
September 2019 (, ) entitled "Japan – Measures related to the exportation of
products and technology to Korea".

The European Union notes that the request for consultations relates to export licensing policies and
procedures applied by Japan whenever export of fluorinated polyimide, resist polymers and hydrogen
fluoride and their related technologies are destined for Korea. These products are used primarily for
the production o f smartphones, TV displays and semiconductors in Korea, which are traded with
other partners. The European Union is part of the global technology supply chain and it is a major
importer, exporter and/or producer of the identified products and/or their rela ted technologies. By
way of illustration: the European Union is among the top world exporters of hydrogen fluoride with
around EUR 27 million in 2018; the main source worldwide of photoresist polymers is Japan,
including for the European Union; and the Eur opean Union is a major importer of products
incorporating semiconductors and displays manufactured in Korea. The request alleges that the
measures subject to the consultation request may have an impact on the supply and demand of the
products identified in the request as well as downstream products, affecting trade flows in these
products.

On the basis of the above, the European Union has a substantial trade interest in these consultations.
The European Union looks forward to being informed of the date and venue of the consultations.
JAPAN – MEASURES RELATED TO THE EXPORTATION OF PRODUCTS AND TECHNOLOGY TO KOREA COMMUNICATION FROM KOREA
Document: request for the establishment of a panel
Date: 24 March 2023
Document codes: WT/DS590/5; WT/DS590/4
Complainant: South Korea
Respondent: Japan
Third parties: Brazil, Canada, China, Taiwan, EU, India, Norway, Russia, Saudi Arabia, Singapore, Turkey, Ukraine, United Kingdom, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, X, VIII, XI:1, XIII, XIII:1, XXIII:1(b)  GATT 1994Art. 2, 6, 7, 8  Trade Facilitation (TFA)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3.1, 4, 28.2  Intellectual Property (TRIPS)Art. VI:1, VI:5(a)  Services (GATS)Art. XVI:4  Agreement Establishing the World Trade Organization

JAPAN – MEASURES RELATED TO THE EXPORTATION OF
PRODUCTS AND TECHNOLOGY TO KOREA
COMMUNICATION FROM KOREA
The following communication, dated 23 March 2023, from the delegation of Korea to the Chairperson
of the Dispute Settlement Body (DSB), is circulated at the request of this delegation.

With reference to the dispute Japan-Measures Related to the Exportation of Products and Technology
to Korea for which a Panel was established on 29 July 2020 by its request for the e stablishment of
a panel (), based on the announcements made on 16 March 2023 about export control,
the Government of the Republic of Korea would like to terminate the panel composition process and
formally withdraw its complaint on this matter, effective on 23 March 2023.

The Republic of Korea is making this request without prejudice to its views on the various factual
and legal issues outlined in its request for the establishment of a panel ().

We would be grateful if you could circulate this notification to the relevant Councils and Committees
as well as to the DSB.
COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
Document: Note by the Secretariat
Date: 26 August 2020
Document codes: WT/DS591/4; WT/DS591/2
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM,
GERMANY AND THE NETHERLANDS
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
Note by the Secretariat
1. At its meeting on 29 June 2020 , the Dispute Settlement Body (DSB) established a panel
pursuant to the request of the European Union in doc ument WT/DS 591/2, in accordance with
Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by the European Union in
document and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. Following the agreement of the parties, the panel was composed on 24 August 2020 as
follows:

 Chairperson: Mr Hanspeter TSCHAENI

 Members: Ms Leane Cornet NAIDIN
 Ms Margarita TRILLO-RAMOS

4. Brazil, China, Honduras, India, Japan, the Russian Federation, Turkey, and the United States
have reserved their rights to participate in the Panel proceedings as third parties.
COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 1 April 2021
Document codes: WT/DS591/5
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES
FROM BELGIUM, GERMANY AND THE NETHERLANDS
COMMUNICATION FROM THE PANEL
The following communication, dated 31 March 2021, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU further stipulates that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and
indicate the reasons, together with an estimate of the period within which it will issue its report.

The Panel in Colombia – Frozen Fries (DS591) was established by the DSB on 29 June 2020 and
composed on 24 August 2020.

Taking account of the Working Procedures and the Timetable that were prepared in consultation with
the parties, the Panel does not expect to issue its final report to the parties before the fourth quarter
of 2021. This is due to, amongst other reasons, the timing of the complainant's request to commence
the organizational phase of the proceedings, the parties' requests for additional time to
prepare submissions, as well as certain procedural and logistical challenges presented by the global
COVID-19 pandemic.
COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS RECOURSE TO ARTICLE 25 OF THE DSU CONSTITUTION OF THE ARBITRATOR
Document: Note by the Secretariat
Date: 12 October 2022
Document codes: WT/DS591/8; WT/DS591/3/Rev.1; WT/DS591/7
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES
FROM BELGIUM, GERMANY AND THE NETHERLANDS
RECOURSE TO ARTICLE 25 OF THE DSU
CONSTITUTION OF THE ARBITRATOR
Note by the Secretariat
1. On 20 April 2021, the parties to Colombia – Anti-Dumping Duties on Frozen Fries from
Belgium, Germany and the Netherlands (DS591), Colombia and the European Union, notified to the
Dispute Settlement Body (DSB) their Agreed Procedures for Arbitration under Article 25 of the DSU
(the "Agreed Procedures") ().

2. On 6 October 2022, Colombia notified the DSB of its decision to initiate an arbitration under
Article 25 of the DSU ().

3. Pursuant to paragraph 7 of the parties' Agreed Pro cedures, "[t]he arbitrators shall be three
persons selected from the pool of 10 standing appeal arbitrators composed in accordance with
paragraph 4 of communication JOB/DSB/1/Add.12," and "[t]he arbitrators shall elect a
Chairperson."1 Accordingly, the arbitrators selected for this dispute are as follows:

Mr José Alfredo GRAÇA LIMA (Chairperson)
Mr Alejandro JARA
Mr Joost PAUWELYN

Members envisage that, under the appeal arbitration procedure, appeals will be heard by three appeal
arbitrators selected from the pool of 10 standing appeal arbitrators composed by the participating Members".
COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS COMMUNICATION FROM COLOMBIA
Document: COMMUNICATION FROM
Date: 23 January 2023
Document codes: WT/DS591/9
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES
FROM BELGIUM, GERMANY AND THE NETHERLANDS
COMMUNICATION FROM COLOMBIA
The following communication, dated 20 January 2023, was received from the delegation of Colombia
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 21 December 2022, the Arbitrators in the dispute Colombia — Anti-Dumping Duties on Frozen
Fries from Belgium, Germany and the Netherlands, acting pursuant to Article 25 of t he
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") and the
Agreed Procedures by the parties1, circulated their Award. The Agreed Procedures incorporated the
"Multi-Party Interim Appeal Arbitration Arrangement (MPIA) pursuant to Article 25 of the DSU."

My authorities have instructed me to advise the DSB of the intentions of Colombia with respect to
the implementation of the Arbitrators' Award, as is our responsibility under Article 21.3 of the DSU.

Colombia is informing the DSB of its intentions by letter in order to respect the required 30 -day
deadline set out in Article 21.3. Colombia will also reiterate this statement orally at the next regular
DSB meeting on 27 January 2023.

Colombia intends to implement th e Arbitrators' Award in a manner that respects Colombia's WTO
obligations. Colombia has already begun to evaluate options for doing so. Regardless of the chosen
option, Colombia will require a reasonable period of time to implement the Award. Colombia stands
ready to discuss this matter with the European Union in accordance with Article 21.3(b) of the DSU.
Colombia respectfully requests that you circulate this communication to the Members of the DSB.

1
COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS STATUS REPORT BY COLOMBIA
Document: STATUS REPORT
Date: 11 December 2023
Document codes: WT/DS591/12
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES
FROM BELGIUM, GERMANY AND THE NETHERLANDS
STATUS REPORT BY COLOMBIA
The following communication, dated 7 December 2023, from the delegation of Colombia to the
Chairperson of the Dispute Settlement Body, is circulated at the request of that delegation.

STATUS REPORT BY COLOMBIA UNDER ARTICLE 21.6 OF THE DSU
REGARDING THE IMPLEMENTATION OF THE RECOMMENDATIONS
AND RULINGS OF THE ARBITRATORS

Colombia has the pleasure to provide its report under Article 21.6 of the DSU about its
implementation of the rulings of the Arbitrators acting under Article 25 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) in this dispute,
Colombia – Anti Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands
(DS591), including the findings of the panel in this dispute which are incorporated into the arbitral
award. Colombia recalls that the arbitrat ion in this dispute was conducted pursuant to the Multi -
Party Interim Appeal Arbitration Arrangement (MPIA) under Article 25 of the DSU.
As Colombia already reported at the meeting of the Dispute Settlement Body (DSB) on
27 November 2023, Colombia published Ministerial Resolution 286 on 21 November 2023. 1 This
Ministerial Resolution concluded an administrative review conducted by Colombia 's trade remedies
investigating authority, the "Subdirección de Prácticas Comerciales".
As set out in the Minist erial Resolution, Colombia revised several aspects of the original
determination in order to comply with the adverse findings concerning the dumping margin
calculation, the injury and causation analyses, as well as confidentiality. On the basis of this detailed
review of the measure, Colombia has concluded that the anti -dumping duties at issue should be
continued, on the basis of the modifications made and applying the reduced dumping margins
determined by the investigating authority in the administrative review.
In light of this Ministerial Resolution, Colombia is pleased to report that it has now fully implemented
all of the relevant panel and arbitral findings and has complied with its WTO obligations.
As throughout this implementation process, Colombia will be pleased to continue to consult with the
EU on a bilateral basis should the EU so wish.
COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS AGREEMENT PURSUANT TO ARTICLES 21.3(B) AND 25.4 OF THE DSU
Document: Award of the Arbitrator
Date: 14 March 2023
Document codes: WT/DS591/10
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES
FROM BELGIUM, GERMANY AND THE NETHERLANDS
AGREEMENT PURSUANT TO ARTICLES 21.3(B) AND 25.4 OF THE DSU
The following communication, dated 10 March 2023, from the delegation of the Republic of Colombia
and the delegation of the European Union to the Chairperson of the Dispute Settlement Body, is
being circulated to Members.

The Republic of Colombia ( "Colombia") and the European Union would like to inform you that,
pursuant to Article 21.3(b) and Article 25.4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the European Union and Colombia have agreed that the reasonable
period of time for Colombia to implement the recommendations of the Award of the Arbitrators
( and ) in the dispute Colombia — Anti-Dumping Duties
on Frozen Fries from Belgium, Germany and the Netherlands (DS591) will expire on
5 November 2023, which is ten months and 15 days from the day of the issuance of that Award to
the Parties on 21 December 2022.
INDONESIA – MEASURES RELATING TO RAW MATERIALS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the United States
Date: 11 December 2019
Document codes: WT/DS592/2; WT/DS592/1
Complainant: EU
Respondent: Indonesia
Third parties: Brazil, Canada, China, Japan, South Korea, India, Russia, Saudi Arabia, Singapore, Taiwan, Turkey, Ukraine, UAE, United Kingdom, U.S.
Dispute stage: Panel
Agreements cited: GATT 1994  GATT 1994

INDONESIA – MEASURES RELATING TO RAW MATERIALS
REQUEST TO JOIN CONSULTATIONS
Communication from the United States
The following communication, dated 6 December 2019, from the delegation of the United States to
the delegation of Indonesia, and the delegation of European Union, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

This concerns the request for consultations by the European Union in Indonesia – Measures Relating
to Raw Materials (). My authorities have instructed me to notify the consulting Members
and the Dispute Settlement Body of the desire of the United States to be joined in these
consultations, pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes.

The United States has a substantial trade interest in these consultations. Indonesia is the world’s
largest nickel producer, accounting for roughly a quarter of world nickel production and reserves. 1
Accordingly, the measures identified by the European Union – including a ban on export of nickel
ore, domestic processing requirements, domestic marketing requirements, an d export licensing
requirements – would reduce global nickel supply and increase prices.

The United States imports considerable quantities of minerals that are subject to the measures
challenged by the European Union. The United States imported a total of $2.9 billion worth of nickel
in 2018 from various sources, and the United States is the second largest importer of nickel from
Indonesia and the world’s second -largest nickel importer. 2 The United States is also the world’s
leading importer of nickel meta l waste and scrap. 3 Nickel is a vital input for a range of goods –
including steel, jet engines, and batteries for electric vehicles – for which the United States is a
leading producer, and imported nickel accounts for roughly half of U.S. nickel consumption.4 As such,
the United States considers that it has a substantial trade interest and requests to be joined in these
consultations.
INDONESIA – MEASURES RELATING TO RAW MATERIALS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 30 April 2021
Document codes: WT/DS592/4; WT/DS592/3; WT/DS592/3
Complainant: EU
Respondent: Indonesia
Third parties: Brazil, Canada, China, Japan, South Korea, India, Russia, Saudi Arabia, Singapore, Taiwan, Turkey, Ukraine, UAE, United Kingdom, U.S.
Dispute stage: Panel
Agreements cited: GATT 1994  GATT 1994

INDONESIA – MEASURES RELATING TO RAW MATERIALS
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
NOTE BY THE SECRETARIAT
1. At its meeting on 22 February 2021, the Dispute Settlement Body (DSB) established a panel
pursuant to the request of the European Union in document , in accordance with
Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU).1

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by the European Union in
document and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. On 19 April 2021 , the European Union requested that the Director-General determine the
composition of the panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director -General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists
whom the Director-General considers most appropriate in accordance with any relevant
special or additional rules or procedures of the covere d agreement or covered
agreements which are at issue in the dispute, after consulting with the parties to the
dispute. The Chairman of the DSB shall inform the Members of the composition of the
panel thus formed no later than 10 days after the date the Ch airman receives such a
request.
4. On 29 April 2021, the Director-General accordingly composed the Panel as follows:

 Chairperson: Ms Leora BLUMBERG

 Members: Mr Gonzalo DE LAS CASAS SALINAS
 Ms Sanji M. MONAGENG

5. Brazil, Canada, China, Japan, Korea, India, the Russian Federation, the Kingdom of Saudi
Arabia, Singapore, Chinese Taipei, Turkey, Ukraine, the United Arab Emirates, the United Kingdom,
and the United States have reserved their rights to participate in the Panel proceedings as third
parties.
INDONESIA – MEASURES RELATING TO RAW MATERIALS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 2 November 2021
Document codes: WT/DS592/5
Complainant: EU
Respondent: Indonesia
Third parties: Brazil, Canada, China, Japan, South Korea, India, Russia, Saudi Arabia, Singapore, Taiwan, Turkey, Ukraine, UAE, United Kingdom, U.S.
Dispute stage: Panel
Agreements cited: GATT 1994  GATT 1994

INDONESIA – MEASURES RELATING TO RAW MATERIALS
COMMUNICATION FROM THE PANEL
The following communication, dated 1 November 2021, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, fro m the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in Indonesia – Measures Relating to Raw Materials (DS592) was established by the DSB
on 22 February 2021 and composed on 29 April 2021.

In accordance with the timetable adopted thus far, after consultation with the parties, the Panel
estimates that it will issue its final report to the parties in the last quarter of 2022.

The report will become available to the public once it is circulated to the Members in all three official
languages of the WTO. The date of circulation depends on completion of translation and the Panel is
not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the DSB.
INDONESIA – MEASURES RELATING TO RAW MATERIALS COMMUNICATION FROM THE EUROPEAN UNION
Document: report of the panel
Date: 16 December 2022
Document codes: WT/DS592/7
Complainant: EU
Respondent: Indonesia
Third parties: Brazil, Canada, China, Japan, South Korea, India, Russia, Saudi Arabia, Singapore, Taiwan, Turkey, Ukraine, UAE, United Kingdom, U.S.
Dispute stage: Panel
Agreements cited: GATT 1994  GATT 1994

INDONESIA – MEASURES RELATING TO RAW MATERIALS
COMMUNICATION FROM THE EUROPEAN UNION
The following communication, dated 12 December 2022, was received from the delegation of the
European Union with the request that it be circulated to the Dispute Settlement Body (DSB).

The European Union takes note that, on 8 December 2022, Indonesia notified the WTO Secretariat
and the European Union of its decision to appeal the report of the panel in "Indonesia – Measures
Relating to Raw Materials " (WT/DS592) by filing electronic copies of a Notice of Appeal and an
Appellant Submission.

Given the Appellate Body remains non-operational, the European Union considers that all subsequent
procedural deadlines set out in the Appellate Body 's Working Procedures are properly to be
considered as suspended.

When the Appellate Body resumes its functions, it should set the schedule for this appeal. The
European Union intends to file a written submission in this appeal within t he deadline to be
determined by the Appellate Body, once it resumes its functions. The European Union also intends
to participate and make oral statements at the hearing to be convened by the Appellate Body.

The European Union wishes to note that it disagrees with all of Indonesia 's allegations of errors of
law and legal interpretation in the Panel 's Report as set out in its Notice of Appeal and Appellant
Submission.

The European Union is providing a copy of this communication directly to Indonesia a nd the
third-parties to this dispute.
EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Guatemala
Date: 20 December 2019
Document codes: WT/DS593/2
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION – CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
REQUEST TO JOIN CONSULTATIONS
Communication from Guatemala
The following communication, dated 18 December 2019, from the delegation of Guatemala to the
delegation of the European Union , and the delegation of Indonesia, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, the Government of Guatemala notifies the consulting Members and the Dispute Settlement
Body of its desire to be joined in the consultations requested by the Government of Indonesia, in
European Union — Certain measures concerning palm oil and oil palm crop-based biofuels (DS593).
This request for consultations was circulated to WTO Members on 16 December 2019 ().

Guatemala has a substantial trade interest in these consultations. Guatemala is a producer and
exporter of palm oil. Guatemala's exports of palm oil to the European Union market represents, on
average in the last three years (2016-2018), 54.5% of Guatemala's total exports of palm oil to the
world.

The Government of Guatemala looks forward to receiving your reply.
EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Costa Rica
Date: 7 January 2020
Document codes: WT/DS593/3
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION – CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
REQUEST TO JOIN CONSULTATIONS
Communication from Costa Rica
The following communication, dated 19 December 2019, from the delegation of Costa Rica to the
delegation of the European Union , and the delegation of Indonesia, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, the Government of Costa Rica notifies the consulting Members and the Dispute Settlement
Body of its desire to be joined in the consultations requested by the Government of Indonesia, in
European Union – Certain Measures Concerning Palm Oil and Oil Palm Crop-Based Biofuels (DS593).
This request for consultations was circulated to WTO Members on 16 December 2019 ().

Costa Rica has a substantial trade interest in these consultations as our country is a producer and
exporter of palm oil. The production of palm oil exceeded 250 thousand metric tons in 2018, of which
nearly 85% is exported. In monetary terms, Costa Rica's exports of palm oil represented more than
USD135 million.

The Government of Costa Rica looks forward to your reply.
EUROPEAN UNION - CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Colombia
Date: 9 January 2020
Document codes: WT/DS593/4
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION - CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
REQUEST TO JOIN CONSULTATIONS
Communication from Colombia
The following communication, dated 2 0 December 2019, from the delegation of Colombia to the
delegation of the European Union and the delegation of Indonesia, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

This communication concerns the reques t for consultations by Indonesia regarding
European Union – Certain measures concerning palm oil and oil palm crop -based biofuels
(WT/DS593).

My authorities have instructed me to notify the consulting Members and the Dispute Settlement
Body of the desire of Colombia to be joined in the se consultations, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.

Colombia has a substantial trade interest in these consultations , as the palm sector forms a
significant part of the country's agricultural sector, accounting for almost the entire oilseed sector
and 17.8% of Colombia's total cultivated land area. In 2018, 549,355 hectares were used for palm
oil, yielding 1,893,116 tonnes of the product, an output of 3.47 tonnes per hectare.

Exports in 2018 amounted to USD 568.8 million, or 8% of agricultural exports within the
WTO framework, an increase of 11.4% in relation to 2017. By October 2019, exports amounted to
USD 389.6 million, having fallen by 24.9% in relation to the same period in 2018.

In 2018, the main destination for crude palm oil exports was the European Union, in particular the
Netherlands as the main port of entry (32%), Spain (21%) and Germany (6.3%), followed by
Brazil (15%), Mexico (8%), Chile (2%), the United States (2%), Ecuador and Panama (3%).

In light of the above, Colombia clearly has a substantial trade interest and respectfully requests that
it be joined in these consultations.

A copy of this letter is being sent to the Chairman of the Dispute Settlement Body, with the request
that it be circulated to Members.
EUROPEAN UNION - CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Argentina
Date: 9 January 2020
Document codes: WT/DS593/5
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION - CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
REQUEST TO JOIN CONSULTATIONS
Communication from Argentina
The following communication, dated 2 4 December 2019, from the delegation of Argentina to the
delegation of the European Union and the delegation of Indonesia, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), the Government of the Argentine Republic hereby notifies the European Union,
Indonesia and the Dispute Settlement Body that, in light of its substantial trade interest in the
matter, it wishes to join the consultations with the European Union that were requested by Indonesia
in its communication of 16 December 2019 entitled European Union – Certain measures concerning
palm oil and oil palm crop-based biofuels ().

In 2018 and 2019 , Argentina was the main source of biodiesel exports to the European Union
(41.5% of that market's total imports in 2018) and therefore considers that it has a substantial trade
interest in this dispute . A rgentina also has a systemic interest in the proper interpretation and
application of the TBT Agreement, particularly insofar as this can affect trade in agricultural products
and products that are sources of renewable energy.

In view of this substantial trade interest, and mindful of the rights and obligations of WTO Members
under Article 4.11 of the DSU, Argentina looks forward to receiving your reply, together with details
regarding the date and venue of the consultations.
EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Thailand
Date: 9 January 2020
Document codes: WT/DS593/6
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION – CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
REQUEST TO JOIN CONSULTATIONS
Communication from Thailand
The following communication, dated 26 December 2019 , from the delegation of Thailand to the
delegation of the European Union , and the delegation of Indonesia, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

My authorities have instructed me to notify the consulting Members and th e Dispute Settlement
Body of Thailand’s desire, pursuant to Article 4.11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, to be joined in the consultations requested by Indonesia in a
communication circulated to WTO Member s on 16 December 2019, in document
entitled European Union – Certain Measures Concerning Palm Oil and Oil Palm Crop – Based Biofuels.

Thailand has a substantial trade interest in these consultations. In 2018, Thailand was the world’s
third largest producer of palm oil and export value was around US$ 330 million. As a result of this
substantial trade interest, Thailand respectfully requests that it be permitted to join the consultations
in this dispute.

Thailand looks forward to acceptance of this request and advice regarding the date and venue of the
consultations.
EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Malaysia
Date: 10 January 2020
Document codes: WT/DS593/7
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION – CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
REQUEST TO JOIN CONSULTATIONS
Communication from Malaysia
The following communication, dated 23 December 2019 , from the delegation of Malaysia to the
delegation of the European Union , and the delegation of Indonesia, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU"), the Government of Malaysia hereby requests to join the consultations requested
by Indonesia in DS593 European Union - Certain measures concerning palm oil and oil palm
crop-based biofuels (, , , ).

2. As the world's second largest producer of palm oil, Malaysia has a substantial trade interest
in its palm oil trade with the EU market:

• On an average, the EU imported annually between 7-7.4 million tonnes of palm oil over
the past 3 years. According to the Oil World, in 2018, Malaysia accounted for 27.1% of EU's
total palm oil imports, while Indonesia accounted for 46.9%.
• The EU is the largest market for Malaysian palm oil and palm oil based products in 2018
and accounted for 14.7% of total export of Malaysian palm oil and palm oil based product.
In the same year, Malaysia's export of palm oil and palm -based products to the EU totalled
3.8 million tonnes, valued at USD2.45 billion.
• Out of these amounts, Malaysia exported 1,828,880 tonnes of palm oil (Crude Palm
Oil - CPO) valued at USD1.17 billion to the EU. 40% or 731,552 tonnes of these palm oil (CPO)
exports are feedstock for biodiesel and renewable energy. In addition to the 140,340 tonnes
of direct biodiesel exports, the total exposure to Malaysia would be 871,892 tonnes.
3. The request to participate in the consultations is made without prejudice to the rights of
Malaysia to proceed independently in separate proceedings.

4. Malaysia looks forward to receiving the EU's favourable reply to this request and thereafter to
be informed of the date and venue of the consultations to facilitate our participation.
EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS ACCEPTANCE BY THE EUROPEAN UNION OF THE REQUESTS TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY THE EUROPEAN UNION OF THE REQUESTS TO JOIN CONSULTATIONS
Date: 24 January 2020
Document codes: WT/DS593/8
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION – CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
ACCEPTANCE BY THE EUROPEAN UNION OF THE REQUESTS TO JOIN CONSULTATIONS
Argentina, Colombia, Costa Rica, Guatemala, Malaysia, and Thailand notified the Dispute Settlement
Body (DSB) of their desire to be joined in the consultations requested by Indonesia, pursuant to
Article 4.11 of the DSU.

The delegation of the European Uni on informed the DSB that it had accepted the requests of
Colombia, Costa Rica, Guatemala, Malaysia, and Thailand to join the consultations.

UNION EUROPÉENNE – CERTAINES MESURES VISANT L'HUILE DE PALME
PARTICIPATION AUX CONSULTATIONS
l'Organe de règlement des différends (ORD) qu'ils souhaitaient être admis à pa rticiper aux
consultations demandées par l'Indonésie, conformément à l'article 4:11 du Mémorandum d'accord

La délégation de l'Union européenne a informé l'ORD qu'elle avait accepté les demandes de
et la Thaïlande.

UNIÓN EUROPEA – DETERMINADAS MEDIDAS RELATIVAS AL ACEITE DE PALMA
Y LOS BIOCOMBUSTIBLES BASADOS EN CULTIVOS DE PALMA DE ACEITE
La Argentina, Colombia, Costa Rica, Guatemala, Malasia y Tailandia notificaron al Órgano de Solución

La delegación de la Unión Europea informó al OSD de qu e había aceptado las solicitudes de
asociación a las consultas presentadas por Colombia, Costa Rica, Guatemala, Malasia y Tailandia.
EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF INDONESIA NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 13 November 2020
Document codes: WT/DS593/10; WT/DS593/9; WT/DS593/9
Complainant: Indonesia
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Malaysia, Norway, Russia, Singapore, South Korea, Thailand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:2, III:4, X:3(a), XI:1  GATT 1994Art. 1.1(a)(ii), 3.1(a), 5, 5(c)  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1, 12.3  Technical Barriers to Trade (TBT)

EUROPEAN UNION – CERTAIN MEASURES CONCERNING
PALM OIL AND OIL PALM CROP-BASED BIOFUELS
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF INDONESIA
NOTE BY THE SECRETARIAT
1. At its meeting on 29 July 2020 , the Dispute Settlement Body (DSB) established a panel
pursuant to the request of Indonesia in document , in accordance with Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).1

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by Indonesia in document
 and to make such findings as will assi st the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. On 2 November 2020, Indonesia requested that the composition of the panel be determined
pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director -General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists
whom the Director-General considers most appropriate in accordance with any relevant
special or additional rules or procedures of the covered agreement or covered
agreements which are at issue in the dispute, after consulting with the parties to the
dispute. The Chairman of the DSB shall inform the Members of the composition of the
panel thus formed no later than 10 days after the date the Ch airman receives such a
request.
4. On 12 November 2020, Deputy Director-General Yonov Frederick Agah, acting in place of the
Director-General, composed the Panel as follows:

 Chairperson: Mr Manzoor AHMAD

 Members: Ms Sarah PATERSON
 Mr Arie REICH

5. Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala,
Honduras, India, Japan, Malaysia, Norway, the Russia Federation, Singapore, the Republic of Korea,
Thailand, Turkey, and the United States have reserved their rights to participate in the Panel
proceedings as third parties.