On November 22, 2019, the European Union requested consultations with Indonesia regarding various measures concerning certain raw materials necessary for the production of stainless steel, as well as a cross-sectoral import duty exemption scheme conditional upon the use of domestic over imported goods. The request covers the following alleged measures: (a) restrictions on exports of nickel, including an actual prohibition to export; (b) domestic processing requirements for nickel, iron ore, chromium and coal; (c) domestic marketing obligations for nickel and coal products; (d) export licensing requirements for nickel; and (e) a prohibited subsidy scheme.
The European Union claimed that:
• the measures restricting the exports of certain raw materials, including those requiring domestic processing requirements, domestic marketing obligations, and export licensing requirements, appear to be inconsistent with Article XI:1 of the GATT 1994;
• the prohibited subsidy scheme appears to be inconsistent with Article 3.1(b) of the SCM Agreement; and
• the failure to promptly publish the challenged measures appears to be inconsistent with Article X:1 of the GATT 1994.
On December 6, 2019, the United States requested to join the consultations. On January 14, 2021, the European Union requested the establishment of a panel. At its meeting on January 25, 2021, the DSB deferred the establishment of a panel.
At its meeting on February 22, 2021, the DSB established a panel. Brazil, Canada, China, India, Japan, Korea, the Russian Federation, Saudi Arabia, Singapore, Chinese Taipei, Turkey, Ukraine, the United Arab Emirates, the United Kingdom, and the United States reserved their third-party rights.
On April 19, 2021, the European Union requested the Director-General to compose the panel. On April 29, 2021, the Director-General composed the panel.
| Brief Date | Brief Description |
|---|---|
| 01/10/2022 | U.S. Third-Party Integrated Executive Summary |
| 12/16/2021 | U.S. Third-Party Answers to Panel Questions |
| 11/18/2021 | U.S. Third-Party Oral Statement |
| 09/21/2021 | U.S. Third-Party Submission |
