Minister of Energy and Mineral Resources (ESDM) Arifin Tasrif said he had taken five steps to face the European Union's (EU) lawsuit at the World Trade Organization (WTO) regarding the ban on the export of nickel ore. The suit is registered with dispute number DS592.
These steps include consolidation, appointment of a law firm, drafting a joint statement regarding the lawsuit, preparing data related to the lawsuit and forming a team to present a defense at the hearing.
"To deal with the DS592 lawsuit, a number of steps have been taken," said Arifin in his presentation at Commission VII, DPR, Monday (22/3).
Arifin explained that the related consolidation was carried out jointly with the Ministry of Trade, Ministry of Foreign Affairs, and Legal Consultants which was coordinated by the Coordinating Ministry for Maritime and Investment (Kemenko Marinves).
Then, the law firms that had been appointed to represent Indonesia in attending the WTO Dispute Settlement Body (DSB) session and compiling a response to the European Union's lawsuit were the law firm Baker McKenzie in Geneva and Joseph Wira Koesnaidi (JWK) in Jakarta.
"We also compiled a joint statement in response to media and public inquiries regarding the DS592 issue, so that all statements from relevant government officials are in line with arguments for Indonesia's defense," he added.
Furthermore, the Ministry of Energy and Mineral Resources also prepares relevant data / information and analyzes all relevant regulations to support the dispute resolution process at the WTO DSB.
"Finally, the government is preparing a team of experts to support and convey a defense at the hearing," he said.
Previously, the European Union (EU) submitted a request to DBS WTO to hold an agenda for consultations with Indonesia on November 22, 2019 regarding five things.
First, the ban and restrictions on the export of nickel ore. Second, domestic refining and processing requirements. Third, the requirements for meeting domestic needs. Fourth, export licensing requirements; and finally, the prohibited subsidy scheme.
In response to this, Indonesia held consultations with the EU on January 30-31 2020 and then the EU officially requested the formation of the first panel on January 25, 2021 which was followed by the formation of the second panel on February 22, 2021.
However, the issues at issue in the panel only cover two issues (from the original five issues), namely the prohibition of export of nickel ore and domestic processing requirements for violating Article XI (1) of GATT 1994.
Then, on March 8, Indonesia prepared and submitted criteria for panel selection on the preference meeting agenda and then Indonesia waited for the appointment of panel members by the WTO DSB Secretariat.
