Trade Law Daily is a Warren News publication.

Indonesia's Nickel Ore Export Ban Violates Trade Rules, WTO Panel Says; Indonesia to Appeal

A World Trade Organization dispute panel found that Indonesia's ban on the export of nickel ore violates global trade rules, circulating its decision on Nov. 30. Indonesia's president said the country will appeal the ruling, reported JakartaGlobe, an Indonesian news outlet.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

"Although we have lost the nickel dispute at the WTO after a complaint from the European Union, it's OK," President Joko Widodo said, according to the report. "I told my ministers next in the second round we will work on downstream industries of bauxite." Bauxite is a sedimentary rock with a high aluminum content.

The dispute panel held that the export ban on nickel ore is not excluded from the applicability of Article XI of the General Agreement on Tariffs and Trade 1994. Article XI says that no bans other than duties, taxes or other charges shall be instituted by any contracting party on the import of any good of the territory or any other contracting party or on the export or sale for export of any good meant for the territory of another contracting party. The WTO said Indonesia's ban is not exempt "because it is not a prohibition or restriction temporarily applied to prevent or relieve critical shortages of foodstuffs or other products essential to Indonesia within the meaning of Article XI:2(a) of the GATT 1994."