INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS REQUEST FOR CONSULTATIONS BY BRAZIL
Document: REQUEST FOR CONSULTATIONS BY
Date: 23 October 2014
Document codes: WT/DS484/1; G/L/1075; G/SPS/GEN/1371; G/LIC/D/49; G/TBT/D/47; G/AG/GEN/120; G/PSI/D/5
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
REQUEST FOR CONSULTATIONS BY BRAZIL
The following communication, dated 16 October 201 4, from the delegation of Brazil to the
delegation of Indonesia and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

My authorities have instructed me to request consultations with the Government of the Republic of
Indonesia ("Indonesia") pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade
1994 ("GATT 1994"), Article 11 of the Agreement on the Application of Sanitary and Phytosanitary
Measures ("SPS Agreement"), Article 6 of the Agr eement on Import Licensing Procedures ("Import
Licensing Agreement"), Article 14 of the Agr eement on Technical Barriers to Trade ("TBT
Agreement"), Article 19 of the Agreement on Agriculture ("Agriculture Agreement") and Article 8 of
the Agreement on Preshipment Inspection concerning certain measures imposed by Indonesia on
the importation of meat from fowls of the species Gallus domesticus and products from fowls of
the species Gallus domesticus hereinafter referred to as chicken meat and chicken products.
For the last five years, Brazil has endeavored to gain access to the Indonesian poultry market,
particularly to the market of chicken meat and of chicken products. In spite of Brazil's best efforts,
Indonesia has adopted and maintained restrictive rules and procedures which effectively prohibit
Brazilian chicken meat and chicken products to enter the Indonesian market.
In 2009, Brazil sent its health certificate proposal for poultry meat to the Indonesian Government.
One year later, a specific proposal was sent regarding turkey and duck meat. None of the
proposals have been approved so far by the Indonesian authorities, despite the fact that the
Brazilian authorities have promptly provided all of the requested information, as well as additional
information supplied at Brazil's own initiative. Indonesia has not taken any effective steps to
approve the certificate nor has it presented a ri sk assessment indicating the existence of any
scientific reasons for not approving it. Instead, In donesia seems to condition the approval of the
health certificate on matters unrelated to sanitary issues and lacking scientific basis.
The non-approval of the health certificate is not the only measure of concern. Brazil has reasons
to believe its chicken meat and its chicken products would still meet significant barriers of entry
after the granting of the health certificate.
Indonesia's sanitary regulation (Regulation 84/2013) contains a positive list of animal products
that may be imported into its territory, which is mirrored in its import licensing regulation
(46/2013). In both lists, the Harmonized System codes for fresh and frozen uncut chicken meat
are described as being duck meat. It is thus uncertain whether chicken meat is allowed to be
imported at all. Furthermore, Indonesia does not seem to allow for the importation of cut chicken
meat, whether frozen or fresh.
Brazil has also reasons to believe that certain Indonesian measures, particularly regarding shipping
and quarantine on the importation of chicken meat and chicken products, are unnecessarily
WT/DS484/1 • G/L/1075 • G/SPS/GEN/1371 • G/LIC/D/49 • G/TBT/D/47 • G/AG/GEN/120 •

constraining and discriminatory against its exports, and, moreover, are not based on the relevant
international standards, guidelines or recommendations. There also appears to be a series of other
regulations which seem to further constrain Brazilian exports of chicken meat and chicken
products.
Should it be allowed, the importation of chicken meat and of chicken products from Brazil would
still be subject to the approval by multiple agencies and acquisition of multiple licenses in a
complex and opaque system. Indonesia also imposes a non-automatic import licensing regime to
chicken meat and chicken products which seems to unjustifiably restrict trade, for it has put in
place and administers its non-automatic licensing regime in an inconsistent and unpredictable
manner which seems to unduly burden and restrict the access of imports.
Importers must obtain an Importer Identity Number (Angka Pengenal Importir or "API"), from the
Ministry of Trade, issued at the discretion of the Mi nister of Trade. They must also register at the
Directorate General of Customs and Excise, within the Ministry of Finance. Importers of chicken
meat and chicken products must then obtain the accreditation as a registered importer of "certain
products" by Indonesia's Minister of Trade ("Registered Importer of Certain Products"). These
licenses have strict deadlines and have very short terms and may restrict the ports of entry of the
imports.
Chicken meat imports and chicken product imports all require a prior recommendation from the
Minister of Agriculture, which apparently has the discretion to restrict the quantity, the
destinations and/or the uses of those products. This request also has strict deadlines and short
terms and does not seem to be administered in a transparent manner.
Furthermore, Indonesia seems to impose pre-ship ment inspection requirements, which may cause
unreasonable delays and be applied in a discriminatory manner.
Finally, Indonesia's legislation authorizes the adoption of measures relating to price policy and
management of imports which may impose restrictions in order to manage the internal supply of
"strategic goods", a concept in which chicken meat and chicken products are inserted.
The legal instruments through which Indonesia imposes and administers these measures in a
manner that affects Brazil's rights under the WTO include, but are not limited to, the following
instruments, as well as the regulations and complementary provisions and/or amendments:
• Law of the Republic of Indonesia Number 7 of Year 2014 Concerning Trade ("Trade Law");
• Law of the Republic of Indonesia No. 18 of 2009 on Husbandry and Animal Health;
• Regulation of the Minister of Agriculture No. 84/Permentan/PD.410/8/2013 on Importation
of Carcass, Meat, Offal, and/or Processed Products thereof into Indonesian Territory, as
amended by Regulation of the Minister of Agriculture No. 96/Permentan/PD.410/9/2013 and
Regulation of the Minister of Agricult ure No. 110/Permentan/OT.410/9/2014 ("MoA
Regulation 84/2013");
• Regulation of the Minister of Trade No. 46/M- DAG/PER/8/2013 on Provisions of Import and
Export of Animal and Animal Product as amended by Regulation of the Minister of Trade No.
57/M-DAG/PER/9/2013 and by Regulation of the Minister of Trade 17/M-DAG/PER/3/2014
("MoT Regulation 46/2013");
• Regulation of the Minister of Trade No. 83/M- DAG/PER/12/2012 on Provisions of Import of
Certain Products as amended by Minister of Trade Regulation No. 61/M-DAG/PER/9/2013
("MoT Regulation 83/2012");
• Regulation of the Minister of Trade No. 27/ M-DAG/PER/5/2012 on Provisions of Importer
Identity Number, as amended by Minister of Trade Regulation No. 59/M-DAG/PER/9/2012
and Minister of Trade Regulation No. 84/M-DAG/PER/12/2012 ("MoT Regulation 27/2012");
WT/DS484/1 • G/L/1075 • G/SPS/GEN/1371 • G/LIC/D/49 • G/TBT/D/47 • G/AG/GEN/120 •

• Regulation of the Minister of Trade No. 54/ M-DAG/PER/10/2009 on General Provisions on
Import ("MoT Regulation 54/2009");
• Decree of the Minister of Finance No. 454/KMK. 04/2002 on Registration of Importer ("MoF
Decree 454/2002").
In Brazil's views, these measures appear to be inconsistent with Indonesia's obligations under the
following provisions of the covered agreements:
(i) Article 2.2, 2.3, 3.1, 5, 5.1, 5.2, 5.5, 5.6, 8 and Annex C of the SPS Agreement;
(ii) Articles 2.1, 2.2, 2.4, 5.1 and 5.2, of the TBT Agreement;
(iii) Articles 4.2 and 14 of the Agreement of Agriculture;
(iv) Articles 1.3, 3.2 and 3.3 of the Ag reement on Import Licensing Procedures;
(v) Articles 2.1 and 2.15 of the Ag reement on Preshipment Inspection.
(vi) Articles III:4, X:1, X:3 and XI:1 of the GATT 1994.
Brazil reserves the right to raise further factual and legal claims in the course of the consultations.
Particularly, Brazil has taken notice that the Indonesian parliament approved, on 14 October 2014,
an amendment to Law No. 18 of 2009 on Husbandr y and Animal Health, which has not yet come
into force. Brazil specifically reserves the ri ght to address these legislative changes in the
consultations and in further proceedings relating to the matter at issue.
We look forward to receiving your reply to the present request and to fixing a mutually convenient
date for consultations.