VZCZCXYZ0001
RR RUEHWEB

DE RUEHJA #0183 0360015
ZNR UUUUU ZZH
R 050015Z FEB 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC 1380
INFO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC

UNCLAS JAKARTA 000183 
 
SIPDIS 
SENSITIVE 
 
DEPT PASS TO USTR ALLGEIER 
DEPT FOR EAP/MTS, EB/TPP/BTA 
USTR FOR KELHERS 
 
E.O. 12958: N/A 
TAGS: BEXP EINV ETRD ECON ID
SUBJECT: LETTER FROM TRADE MINISTER PANGESTU TO ACTING U.S. TRADE 
REPRESENTATIVE 
 
¶1. SUMMARY:  U.S. Embassy Jakarta received official correspondence 
from Government of Indonesia (GOI) Minister of Trade Mari Pangestu 
addressed to United States Trade Representative (USTR) Peter 
Allgeier.  The letter, dated January 29th, 2009, details GOI 
objections to draft tobacco control legislation under consideration 
by the U.S. Congress.  Pangestu argues that the legislation, if 
enacted, would constitute a violation of World Trade Organization 
(WTO) agreements.  The full text of the letter is included below. 
End Summary. 
 
¶2.  Begin text: 
 
Minister of Trade of the Republic of Indonesia 
 
No.93 IM-DAG/1/2009 
 
Jakarta, 29 January, 2009 
 
His Excellency 
Mr. Peter Allgeier 
Acting United States Trade Representative 
600 17th Street, N.W. 
Washington, DC 20508 
 
Dear Ambassador Allgeier: 
 
I am writing once again to bring to your attention a matter of great 
importance to my country regarding The Family Smoking Prevention and 
Tobacco Control Act, which we understand Chairman Kennedy and 
Chairman Waxman are in the process of reintroducing. 
 
The Indonesian government has repeatedly communicated our strong 
concerns that Sec. 907 of the Act is inconsistent with the general 
principle of the WTO on nondiscrimination as well as the WTO 
Agreement on the Technical Barriers to Trade. 
 
We continue to hope that, as this legislation moves, the Section 907 
will be modified to eliminate the discriminatory treatment of clove 
cigarettes.  In this regard, the Government of Indonesia seeks a 
modification to the bill prior to its introduction that would give 
equal treatment to clove cigarettes and menthol cigarettes. 
Chairman Kennedy's mark of the bill in 2007 included appropriate 
language treating clove and menthol cigarettes with parity.  I would 
like to request your assistance in encouraging Chairman Kennedy and 
Chairman Waxman to include similar language in the bill when it is 
reintroduced in the 111th Congress so that Indonesia does not have 
to take action in the WTO. 
 
Thank you for your kind attention. 
 
Yours sincerely, 
Singed 
Mari Elka Pangestu 
 
End text. 
 
HUME