Indonesia shall remove any import restrictions or licensing requirements on U.S. remanufactured goods or their parts.
Article 2.8. Worn Clothing
Indonesia shall allow the importation of shredded worn clothing from the United States to further promote commerce and circularity within the highly developed U.S. recycled clothing industry.
Article 2.9. Halal for Manufactured Goods
1. With the goal of facilitating U.S. exports of cosmetics, medical devices, and other manufactured goods for which halal certification may currently be required, Indonesia shall exempt U.S. products from any halal certification and halal labeling requirements.
2. Indonesia shall also exempt containers and other materials used to transport manufactured products from any halal certification and halal labeling requirements, except for containers and other materials utilized to transport food and beverages, cosmetics, and pharmaceuticals.
3. Indonesia shall not impose labeling or certification requirements for non-halal products. (8)
4. Indonesia shall allow any U.S. Halal certifier recognized by the Indonesian Halal authority to certify any products as Halal for importation into Indonesia without additional requirements or restrictions. Indonesia shall streamline the process by which U.S. halal certifiers obtain recognition by the Indonesian Halal authority and accelerate approvals.
Agriculture
Article 2.10. Import Licensing for Food and Agricultural Products
1. Indonesia shall exempt food and agricultural products originating from the United States from Indonesia’s commodity balance policy, horticultural products import licensing regime, and other import licensing regimes. Indonesia shall only apply automatic import licensing for these products.
2. Indonesia shall not:
(a) adopt or maintain any measure granting an entity a special or exclusive importation right that limits U.S. agricultural products; or
(b) otherwise limit or restrict importers from importing U.S. agricultural products into Indonesia.
Article 2.11. Recognition of the U.S. Food and Agricultural Control System and Acceptance of Certificates Issued by U.S. Regulatory Authorities
1. Indonesia shall recognize that the U.S. SPS measures and other measures for food and agricultural products, including technical regulations and standards, adopted or maintained by the U.S. government, (9) satisfy the requirements of Indonesia’s measures applied to food and agricultural products imported into Indonesia.
2. Further to paragraph 1, Indonesia shall accept official U.S. government certification of compliance with U.S. requirements, for imports of food and agricultural products into Indonesia. Indonesia shall ensure that any future changes made to any bilateral export certification documents or electronic data elements are not implemented without the concurrence of the United States.
3. Indonesia shall limit attestations and information required in certificates required for imports of U.S. food and agricultural products to what is necessary to comply with applicable U.S. requirements.
4. Indonesia affirms its commitments under Annex B of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures and Articles 2 and 5 of the TBT Agreement to notify proposed measures to the WTO SPS Committee or Technical Barriers to Trade Committee, as appropriate, and to take into account comments received from WTO Members before the measure is final.
Article 2.12. Facility Registration/Establishment Listing
Dairy Products
1. Indonesia shall:
(a) recognize the U.S. dairy-safety system as providing at least the same level of protection as Indonesia’s dairy-safety system;
(b) allow imports of U.S. dairy products of bovine, ovine, and caprine origins when accompanied by a U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) dairy sanitary certificate;
(c) not require a veterinarian signature on AMS dairy certificates; and
(d) not adopt or maintain a facility registration requirement for imports of U.S. dairy products into Indonesia.
Meat and Poultry (Including Offal), Meat and Poultry Products, Processed Meat and Poultry, Siluriformes, and Egg Products
2. Indonesia shall recognize USDA Food Safety Inspection Service (FSIS) oversight of U.S. meat, poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg product facilities, including cold storage warehouse facilities, for purposes of allowing imports of U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products.
3. Indonesia shall accept the FSIS Meat, Poultry and Egg Product Inspection (MPI) Directory, which lists all Federally inspected establishments producing meat, poultry, Siluriformes, and egg products regulated by FSIS, as the official list of U.S. establishments eligible to export meat, poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products to Indonesia.
4. Indonesia shall accept U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products inspected by FSIS and certified using a FSIS Export Certificate of Wholesomeness (FSIS 9060-5 series certificate) or electronic data elements, or any successor thereto.
5. Indonesia shall accept digitally signed FSIS Form 9060-5 series certificates signed by any FSIS authorized personnel.
6. Indonesia shall impose no additional product registration or facility registration requirements on U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products.
Aquatic Products (10)
7. Indonesia shall allow imports of aquatic products:
(a) when the shipment is accompanied by the bilaterally-agreed certificate issued by the National Oceanic and Atmospheric Administration (NOAA); and
(b) for fish meal processing facilities, in good regulatory standing with the FDA and registered by the Directorate General of Aquaculture of the Ministry of Marine Affairs and Fisheries, when the shipment is accompanied by the bilaterally-agreed certificate issued by the NOAA.
Article 2.13. Prior Notice and Time Limits for U.S. Agricultural Imports to Indonesia
1. Indonesia shall accept a U.S. certificate issued by the USDA without regard to the departure date of the U.S. agricultural import from a U.S. port.
2. With respect to U.S. agricultural imports to Indonesia, Indonesia shall not require the submission of a notice request prior to departure.
Article 2.14. Maximum Residue Levels (MRLs) (11)
1. Recognizing the importance of establishing science- and risk-based MRLs, in cases where Indonesia has not established an MRL, Indonesia shall recognize and accept the corresponding U.S. tolerances or, when there is not an established U.S. tolerance, the Codex Alimentarius MRL.
2. In the event of an MRL non-compliance, Indonesia shall apply enhanced, risk-based surveillance, if warranted, only to the entity responsible for the non-compliance. Indonesia shall also provide the entity responsible for the non-compliance with an opportunity to dispute or resolve the non-compliance.
3. Indonesia shall limit suspension of U.S. entities based on MRL non-compliance to the responsible entity and only after multiple instances of non-compliance.
4. Indonesia shall ensure transparent procedures by, upon request, communicating testing methodologies and marker residues used to determine compliance with MRLs.
Article 2.15. Fresh Food of Plant Origin (FFPO) Recognition
1. Indonesia shall provide FFPO recognition for all food and agricultural products of plant origin originating from the United States.
2. Once a U.S. plant product is designated with FFPO recognition by the Indonesian Quarantine Authority, this designation is permanent and is not subject to renewal, and shall not be removed from products that have not been exported to Indonesia for several years, given the confidence in the U.S. regulatory oversight based on Indonesia’s risk assessment.
3. Indonesia shall promptly notify the United States within five working days of any adverse result of an import check, if practicable by electronic means, and provide information about the adverse result to at least one of the following: the importer or its agent; the exporter; or the manufacturer.
4. In a notification pursuant to paragraph 3 of this Article, Indonesia shall include:
(a) an explanation of the detected non-compliance;
(b) the reason for the prohibition or restriction, if Indonesia prohibits or restricts the importation of a U.S. good on the basis of an adverse result of an import check, unless the good is seized by a customs administration or is subject to ongoing law enforcement action;
(c) the legal basis or authorization for the action; and
(d) information on the status of the affected goods including, if applicable:
(i) release of the affected goods;
(ii) relevant laboratory results and laboratory methodologies;
(iii) in the case of pest interceptions, an identification of the pests at the species level; and
(iv) information on the disposition of goods, if appropriate.
5. Indonesia shall provide an opportunity for a review of a decision related to an adverse result of an import check and consider any relevant information submitted to assist in the review. (12)
6. At the request of the importer or its agent, the exporter, or the manufacturer of the product, Indonesia shall provide the relevant sample from the affected shipment for testing.
7. Indonesia shall accept the results from any accredited U.S. laboratory, should the importer or its agent, the exporter, or the manufacturer of the product have conducted testing in an accredited U.S. laboratory or decide to retest the sample in question in an accredited U.S. laboratory.
8. If Indonesia determines that there is a significant, sustained or recurring pattern of nonconformity with a SPS measure, Indonesia shall notify the United States of the pattern of nonconformity.
9. Any action taken by Indonesia because of a non-conformity shall be taken at the exporter level and not the commodity level.
10. On request, Indonesia shall provide to the United States available information on goods of the United States that were found not to conform to a SPS measure of Indonesia.
11. Indonesia shall not designate any food and agricultural product originating from the United States and listed in the FFPO as “high risk” unless the importer or its agent, the exporter, or the manufacturer of the product have had the opportunity to review and appeal the relevant findings underlying such a determination.
Article 2.16. Agricultural Biotechnology
1. Noting the ability of agricultural biotechnology to improve lives by helping to feed growing populations and by promoting improved agricultural productivity while optimizing inputs, Indonesia shall maintain, for products of agricultural biotechnology, science- and risk-based regulatory frameworks and efficient authorization processes, in order to facilitate increased trade in such products.
2. In the event of an occurrence of low-level presence (LLP) affecting a U.S. shipment exported to Indonesia, Indonesia shall ensure that the LLP occurrence is managed without unnecessary delay; and shall take into account any relevant risk or safety assessment provided, and authorization granted, by the United States or any third country when deciding how to manage the LLP occurrence.
Article 2.17. Horticultural Products Market Access
1. Within six months of the date of entry into force of this Agreement, Indonesia shall finalize the market access process for, and allow the import of, U.S. agave and Helleborus spp. tissue culture plants, and bulk almond hulls for animal consumption.
2. For U.S. horticultural products market access requests submitted to Indonesia after entry into force of this Agreement, Indonesia shall complete the market access process for, and reach agreement on, a protocol to allow imports within 18 months of submission.
3. Recognizing the International Standard for Phytosanitary Measures 14 (ISPM 14) as the relevant international standard regarding the use of integrated measures in a systems approach for pest risk management, Indonesia shall accept the use of systems approach protocols for the importation of U.S. plant products. For U.S. plant product requests for systems approaches submitted to Indonesia six months after the date of entry into force of this Agreement, Indonesia shall complete the risk analysis process and reach agreement on a protocol to allow imports using a systems approach protocol within 18 months.
Article 2.18. Animals and Animal Product Market Access
1. Indonesia shall allow the importation of chicken parts, which includes items such as leg quarters, breasts, legs, or thighs.
2. Within six months of the date of entry into force of the Agreement, Indonesia shall finalize the market access process for and allow the import of U.S. live breeding cattle, feeder cattle, swine, horses, sheep, and goats, and their respective genetics.
Article 2.19. Highly Pathogenic Avian Influenza (HPAI) - Live Poultry and Poultry Product Commodities
1. Indonesia shall not adopt or maintain any measure related to importation of live poultry, poultry genetics, poultry products, or eggs and egg products that is inconsistent with the World Organization for Animal Health (WOAH) Terrestrial Animal Health Code (TAHC) Chapter 10.4 (Infection with High Pathogenicity Avian Influenza Viruses) or any successor thereto. Specifically, Indonesia shall align its import regulatory definition of poultry with the WOAH TAHC definition for poultry.
2. Within six months of the date of entry into force of this Agreement, Indonesia shall decrease the scope of HPAI regionalization of the United States to a 10km zone for live poultry, poultry genetics, poultry products, or eggs and egg products. Indonesia shall ensure that any import restrictions imposed on U.S. live poultry, poultry genetics, poultry products, or eggs and eggs products in response to outbreaks of HPAI are limited to the 10km zone in which the outbreak was confirmed. Poultry and products originating outside of the 10km zone shall continue to be eligible for import.
3. Indonesia shall recognize the USDA Animal and Plant Health Inspection Service (APHIS) as the competent animal health authority to determine if a 10km zone is considered free of HPAI, as defined by the WOAH TAHC Chapter 10.4, or any successor thereto, and, therefore, is eligible to export live poultry and poultry product commodities to Indonesia.
Article 2.20. African Swine Fever (ASF)
1. Within 18 months of the date of entry into force of this Agreement, Indonesia shall recognize the zone established by the United States for ASF (13) and begin the process of recognition of the remainder of the United States for ASF regionalization.
2. Consistent with WOAH TAHC Chapter 15.1 (Infection with African Swine Fever Virus) and recognizing the efficacy of the regionalization actions overseen by the United States, within 18 months of the date of entry into force of this Agreement, Indonesia shall complete a regionalization agreement with the United States for ASF.
Article 2.21. Live Animals Electronic Signature
Within six months of the date of entry into force if this Agreement, Indonesia shall accept the use of electronic signatures to allow for digital endorsement of live animal health certificates.
Article 2.22. Halal for Food and Agricultural Products
1. Indonesia shall accept U.S. slaughter practices that comply with Islamic law or standards of any country that is a member state of the Standards and Metrology Institute for Islamic Countries (SMIIC).
2. Indonesia shall exempt non-animal products and animal feed, whether genetically engineered or not, from any halal certification and halal labeling requirements.
3. Indonesia shall exempt containers and other materials used to transport food and agricultural products from any halal certification and halal labeling requirements.
4. Indonesia shall exempt U.S. packing, storage, and warehousing companies in the supply chain of halal-certified U.S. agricultural exports to Indonesia from any halal competency testing and certification requirements for their employees.
5. Indonesia shall not adopt or maintain any measure that requires U.S. companies to appoint a halal subject matter expert to oversee company operations.
Article 2.23. Bioethanol
1. Indonesia shall not adopt or maintain any measure that prevents the import of U.S. bioethanol.
2. Indonesia shall implement its policy to supply for transportation fuels mixed with up to five percent bioethanol (E5) by 2028 and up to 10 percent bioethanol (E10) by 2030.
3. Indonesia shall endeavor to implement its policy on the use of bioethanol blends in transportation fuels at up to 20 percent bioethanol (E20), subject to the availability of supply and the readiness of supporting infrastructure.
Intellectual Property
Article 2.24. Geographical Indications
1. With respect to the protection or recognition of a geographical indication, including pursuant to an international agreement, Indonesia shall:
(a) ensure transparent and fair procedures for examination, opposition, and cancellation, including with respect to a translation or transliteration;
(b) provide that the grounds for refusal, opposition, and cancellation include the likelihood of confusion with a prior trademark and whether the term is the term customary in common language as the common name for the relevant good in its territory;
(c) publicly identify which component or components it is protecting and which it is not protecting;
(d) not protect an individual component of a multi-component term that is protected or is recognized as a geographical indication if that individual component is the term customary in common language as the common name for the relevant good in its territory;
(e) not prevent third parties from commercial use of a term, sign, or image based on the evocation of a geographical indication protected or recognized in its territory;
(f) in determining whether a term is the term customary in common language as the common name for the relevant good in its territory, have the authority to take into account how consumers understand the term in its territory and recognize that factors relevant to that consumer understanding may include:
(i) whether the term is used to refer to the type of good in question, as indicated by competent sources such as dictionaries, newspapers, and relevant websites;
(ii) how the good referenced by the term is marketed and used in trade in its territory;
(iii) whether the term is used in relevant international standards to refer to a type or class of good in its territory, such as pursuant to a standard promulgated by the Codex Alimentarius;
(iv) whether persons other than the person who claims rights in the term use the term as the name for the type of product in question;
(v) whether the good in question is imported into its territory, in significant quantities, from a place other than the territory identified in the application or petition, and whether those imported goods are named by the term; and
(vi) whether the product associated with the term is manufactured or traded in significant quantities from a place other than the territory identified in the application or petition.
Article 2.25. International Agreements
1. Indonesia shall fully implement each of the following agreements:
(a) Berne Convention for the Protection of Literary and Artistic Works, done at Berne on September 9, 1886, as revised at Paris on July 24, 1971;
(b) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, as amended on September 26, 1980;
(c) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, done at Madrid on June 27, 1989;
(d) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done at Marrakesh on June 27, 2013;
(e) Paris Convention for the Protection of Industrial Property, done at Paris on March 20, 1883, as revised at Stockholm on July 14, 1967;
(f) Patent Cooperation Treaty, done at Washington on June 19, 1970, as amended on September 28, 1979, and modified on February 3, 1984;
(g) World Intellectual Property Organization (WIPO) Copyright Treaty, done at Geneva on December 20, 1996; and
(h) WIPO Performances and Phonograms Treaty, done at Geneva on December 20, 1996.
2. Indonesia shall ratify or accede to and fully implement each of the following agreements within two years of the date of entry into force of this Agreement:
(a) Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, done at Brussels on May 21, 1974;
(b) Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, done at Geneva on July 2, 1999;
(c) Patent Law Treaty, done at Geneva on June 1, 2000;
(d) International Convention for the Protection of New Varieties of Plants, done at Paris on December 2, 1961, as revised at Geneva on March 19, 1991; and
(e) Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006.
Article 2.26. Additional Intellectual Property Issues
Indonesia shall expeditiously take steps to fully resolve the issues identified in the Indonesia-United States Intellectual Property Rights Work Plan, signed on May 14, 2018, or identified with respect to Indonesia in the most recent Special 301 Report, including by:
(a) significantly increasing enforcement actions against IP infringement or misappropriation, maintaining this increased level of enforcement actions, and devoting sufficient resources to ensure continued effective IP enforcement;
(b) eliminating local domicile requirements for the recordation system for exercise of ex officio authority for border enforcement against pirated and counterfeit goods;
(c) reducing large deposits required of right holders as a prerequisite for IP seizures by border enforcement authorities;
(d) with respect to undisclosed test or other data submitted in support of an application for marketing approval of a new pharmaceutical product, ensuring that no person other than the person who submitted such data may, without the permission of the person who submitted the data, rely on such data in support of an application for product approval for a period of at least five years from the date of marketing approval of the new pharmaceutical product in Indonesia; (14)
(e) with respect to undisclosed test or other data submitted in support of an application for marketing approval of a new agricultural chemical product, ensuring that no person other than the person who submitted such data may, without the permission of the person who submitted the data, rely on such data in support of an application for product approval for a period of at least 10 years from the date of marketing approval of the new agricultural chemical product in Indonesia;
(f) with respect to Indonesia’s Patent Law of 2016, as amended in 2024:
(i) eliminating local manufacturing and use requirements;
(ii) ensuring that any patent implementation reporting requirements do not include an unreasonable disclosure requirement;
(iii) clarifying the disclosure requirement for traditional knowledge and genetic resources, including clarifying what triggers this requirement and what information an applicant must disclose; and
(iv) providing the opportunity for an applicant to correct or submit a disclosure of information concerning traditional knowledge or genetic resources;
(g) ensuring transparency and procedural fairness in its system for compulsory licenses, consistent with international standards; and
(h) with respect to copyright and related rights:
(i) taking steps to clarify that limitations or exceptions to copyright and related rights in Articles 43 and 44 of the Copyright Law are consistent with the three-step test; (15)
(ii) providing for criminal penalties to be applied in cases of trafficking in devices that circumvent technological protection measures;
(iii) revising provisions in the Copyright Law that protect the integrity of rights management information to also cover economic rights for copyright owners and employers that commission works made for hire;
(iv) criminalizing unauthorized camcording of motion pictures; and