Indonesia Perfil del Miembro
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Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/401/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
3.55.
During the review period, the regulatory framework governing foreign trade, including import prohibitions, restrictions, and licensing, was updated (see below), via, inter alia, Law No. 7/2014, and MoT Regulations 48/2015 and 70/2015 as amended by MoT Regulation 75/2018. Under Law No. 7/2014, the Government may set a prohibition or restriction on trade in goods and/or services in the national interest to protect: economic sovereignty; national security; public morals and culture; the health and safety of humans, animals, fish, plants, and the environment; natural resources from excessive use for production and consumption; and the balance of payments and/or trade balance. In addition it may also do so to: implement legislation in several areas; and/or in accordance with the duties of the Government.[245] The same Law promotes the use of locally produced goods to protect and develop domestic industries.[246] Most goods are freely importable, though restrictions (and prohibitions) do apply on some items, grouped together as limited import goods and import prohibited goods contained in the Restricted and Banned Goods list, also known as the lartas list (Section 3.1.5.1). Only new and unused goods may be imported, unless an exemption is granted by the Minister of Trade.[247] If imports are classified as restricted, approval from a relevant licensing body is required, in addition to obtaining an API and a surveyor report (below, and Section 3.1.1.1).
3.56.
Since the previous Review, Indonesia has changed the scope of its import bans from 143 ten‑digit HS items (2013) to 124 eight-digit HS items (February 2020), involving three fisheries items (HS 03.06, crustaceans) and the rest industrial (HS 25-97) items, including narcotics and other illegal drugs, firearms and other guns, hunting rifles, ammunition, and explosives.[248] Furthermore, to prevent the spread of COVID-19 into its territory, since 11 February 2020, Indonesia has temporarily prohibited imports of live animals originating in and/or transiting through China; according to the authorities, this measure is no longer in force.[249] Similar to exports, direct imports from Israel continue to be hampered by the lack of bilateral diplomatic relations (Section 3.2.3.1).
3.57.
During the review period, Indonesia continued to explicitly or implicitly restrict imports of some products (e.g. carcass meat, feed corn, horticultural products, rice, cloves (until 2015), sugar, milk, salt, alcoholic beverages, fertilizer, and ozone-depleting substances) through licensing and state trading requirements (Section 3.1.5.2, and Table A3.4). In 2018, new restrictions regarding the import of rice were introduced; importers of rice to be used as raw materials were not allowed to import some forms of rice (HS codes 1006.30.30, 1006.30.40, and 1006.30.99), as these products may only be imported by state-owned companies.[250] At the time of the previous Review, imports subject to quantitative restrictions on rice, sugar, animals and animal products, salt, alcoholic beverages and certain ozone-depleting substances were in place.[251] The authorities indicated that import volumes are determined annually, at ministerial-level coordination meetings, and take into consideration domestic production and consumption forecasts.
3.58.
Under Law No. 7/2014, Indonesia's policy objective has been to structure licensing procedures for the smooth flow of goods.[252] According to the authorities, Indonesia simplified import (and export) licensing through online and digital signature, thus improving its efficiency and centralization.
3.59.
Import licensing requirements remain in place for a number of reasons (see above), including to prevent smuggling and to implement policies aimed at protecting and/or promoting domestic production (Table A3.4). During the review period, the regulatory framework of import licensing was expanded and revised for several items, including: animals and animal products; cloves; sugar; horticultural products; alcoholic beverages; salt; pearls; lubricants; plastic; nitro cellulose; sodium triopoly-phosphate; ozone-depleting substances; non-hazardous and non‑toxic waste; optical discs (empty and filled) and machines and materials used to produce them; textiles and textile products; cell phones, handheld computers, and tablets; and colour multi‑functional machines, colour photocopying and printing machines.
3.60.
According to the authorities, the product categories subject to import licensing increased from 30 to 40 over the review period (Table A3.4), with new requirements being introduced on, inter alia: dairy; fisheries and forestry products; feed corn; saccharin; cement (and clinker cement); textile and batik textile products and batik motifs; iron, steel or alloy, and derivative products; hand tools; refrigeration and cooling system-based goods; and tyres. As at 20 July 2020, 3,308 ten-digit HS lines (2,060 eight-digit tariff lines in 2012) were subject to import licensing requirements; this represents 30.6% (one fifth in 2012) of all tariff lines.
3.61.
In certain cases, the issue of import authorizations for some products remains subject, inter alia, to use-related (e.g. of carcass meat, horticultural products, feed corn, cloves (until 2015), ozone-depleting substances, and textiles and textile products), domestic produce purchase (e.g. milk, feed corn, sugar, and salt), state trading (e.g. rice and feed corn), or distributorship arrangement (e.g. alcoholic beverages, cell phones, handheld computers, and tablets) requirements that explicitly or implicitly restrict quantitatively their importation (Table A3.4).
3.62.
The Directorate-General of Foreign Trade (DGFT), within the MoT, remains responsible for granting import licences; these are generally approved, contingent upon recommendation by one or more other ministries or agencies with technical competence in the respective area.[253] In certain cases, import permits are also required on a per shipment basis. The licensing process (applications and approvals) is done through the INSW (Section 3.1.1.1). According to the authorities, no licensing fees or charges are levied. In most cases, importers of goods subject to licensing requirements must submit import implementation reports, and many of these goods are also subject to pre-shipment inspection VPTI requirements (Section 3.1.1.1).
3.63.
During the review period, Indonesia submitted to the WTO Committee on Import Licensing several notifications under Articles 5.1 to 5.4 of the Agreement on Import Licensing Procedures, and several notifications on Replies to Questionnaire on Import Licensing Procedures, covering the years 2011, 2012, 2013, 2014, 2015 and 2019.[254] In the context of the Committee, concerns continued to be raised regularly by Members regarding the complexity, lack of transparency, and trade-impairing effects of Indonesia's import licensing requirements relating to: horticultural products; animals and animal products; carcasses and/or processed meat products; milk supply and circulation; tyres; and cell phones, handheld computers and tablets.[255] During the review period, Indonesia was a respondent in WTO dispute settlement cases, inter alia, relating to its import licensing measures on horticultural products, animals and animal products, and bovine meat (Section 2.3.1.1).[256]
B. Exportación prohibiciones y restricciones
3.78.
During the review period, policy objectives in this area remained unchanged but the legislation was updated (Sections 3.2.3.1 and 3.2.3.2). Under Law No. 7/2014, the Government may set a prohibition or restriction on trade (including exports) in goods and/or services in the national interest, to protect: economic sovereignty; national security; public morals and culture; the health and safety of humans, animals, fish, plants, and the environment; natural resources from excessive use for production and consumption; the balance of payments and/or trade balance; implementing legislation; and/or in accordance with the duties of the Government (Sections 2.2, 3.1.5.1 and 3.1.7). These measures may also promote the use of locally produced goods, ensure that local demand for the supply of raw materials for domestic industries is met, prevent domestic shortages, and shield the country against large price increases in global markets of essential goods (price stabilization).[281] The Minister of Trade retains the authority to impose export restrictions and prohibitions.[282] Exported goods are categorized into free exported goods, restricted exported goods (e.g. coal and minerals), and prohibited exported goods (e.g. minerals). Free exported goods may be exported by individuals, institutions and business entities.
3.79.
In addition to reasons under Law No. 7/2014 (see above, and Sections 2.2.3, 3.1.5.1 and 3.1.7), export prohibitions remain in place for: the protection of intellectual property rights; and the implementation of international treaties or agreements.[283] Similar to imports, direct exports to Israel continue to be hampered by the lack of bilateral diplomatic relations (Section 3.1.5.1).[284] No prohibition is in place for exports to Israel; however, the majority of exports to this market are carried out through a third country.[285]
3.80.
Since the last Review, the main regulatory framework governing export prohibitions was updated.[286] The scope of export prohibitions increased slightly (Table 3.7); no comprehensive data on the number of tariff lines subject to export prohibition in 2013 and 2020 were available from the authorities. Its main addition was the export ban on nickel ore in 2014, that was partly and temporarily relaxed (2017-19) for nickel ore with a concentration below 1.7%; on 22 November 2019, in the context of the WTO dispute settlement mechanism, the European Union requested consultations with Indonesia regarding various measures concerning certain raw materials necessary for the production of stainless steel, including restrictions (an actual prohibition) (Sections 2.3.1.1, 3.1.3.6 and 3.2.3.2) on exports of nickel.[287]
3.81.
According to the authorities, during the review period, export policy instruments were relaxed by revising five MoT regulations related to exports; furthermore, export (and import) licensing procedures were simplified through online and digital signature, thus raising the efficiency (time) and centralization of the licensing process. Export licensing continues to be undertaken for the reasons contained in Law No. 7/2014 that were similar to those in place at the time of the previous Review (see above, and Sections 2.2.3, 3.1.5.1 and 3.1.7).[288] Export licences may be obtained through the LNSW (Sections 3.1.1.1 and 3.2.1). Similar to imports, export authorizations are issued by the DGFT within the MoT (Section 3.1.5.2); generally, this remains contingent upon obtaining a recommendation from another ministry.
3.82.
During the review period, the regulatory framework governing export licensing was updated/amended in several areas, including: coffee; rice; palm oil; crude palm oil; bananas and pineapples to Japan in the context of the Indonesia-Japan Economic Partnership Agreement (Section 2.3.2); animals and animal products; forestry industry products; natural plants and wildlife; non-subsidized urea fertilizers; mining products; rough diamonds; metal waste and scrap; and tin.[289] Product coverage was expanded, and some new requirements were added (Table 3.8); no comprehensive data on the number of tariff lines regarding restrictive export licensing in 2020 were available from the authorities. The main additions include coffee; rice; palm oil; crude palm oil; coal and coal-based products; domestic marketing requirements for crude oil; and mineral ore domestic processing requirements.[290] In 2017, Indonesia partially relaxed the export ban on mineral ores by temporarily allowing exports of certain minerals, including nickel ore with a concentration below 1.7%, subject to certain additional requirements (see below); the full export prohibition is to be reinstated on 11 January 2022 (Section 3.2.3.1). In August 2018, the nickel ore export permits of three companies and the bauxite export permit of one firm were temporarily revoked for making virtually no progress in smelter development; in 2019, there were 11 smelters (3 in 2013).[291] In August 2019, the Ministry of Energy and Mineral Resources established that the validity of certain documents necessary to export low‑concentration nickel ore were to expire on 31 December 2019, thereby effectively reinstating the total export prohibition of nickel ore from 2 January 2020.[292] On 22 November 2019, in the context of the WTO dispute settlement mechanism, the European Union requested consultations with Indonesia regarding various measures concerning certain raw materials necessary for the production of stainless steel, including: domestic processing requirements for nickel, iron ore, chromium and coal; domestic marketing obligations for coal products; and export licensing requirements for nickel.[293]
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