Obtaining and Using a Certificate of Origin, and Verification Procedures. AANZFTA’s ROO are supported by a requirement that exports be accompanied by a COO issued by a designated authority (an Issuing Authority/Body). The detailed requirements for obtaining and using COO are set out in the OCP in the Annex to Chapter 3. Key features of the COO requirements: A COO is required to claim preferential tariff treatment. A COO is needed for each shipment of goods for which preferential tariff treatment under AANZFTA is claimed. An importer, if requested to, must submit the COO to the Customs Authority of the importing Party at the time of import declaration in order to claim preferential tariff treatment. (OCP Rule 12). However, a COO is not required for originating goods not exceeding US$200 FOB value or such higher amount specified in an importing Party’s domestic laws. (OCP Rule 14). Note that in the case of imports into Australia this FOB value amount is A$1,000. The COO form. The Parties have agreed on the format for the COO (see sample COO in Attachment 3). Important features to note: The origin conferring criteria has to be specified in Box 8 using the acronyms listed in the Overleaf Notes. There is also a five page guideline (see Attachment 4) to assist in filling out Box 8. Table 1 in the Guidelines applies to goods exported from an AANZFTA party - including Australia - where the First Protocol has entered into force. Table 2 of the Guidelines apply to goods exported from parties where the First Protocol has not entered into force (i.e. Indonesia). The quantity of the goods have to be specified in Box 9. The FOB value of the goods also needs to be specified in Box 9 if the good is claiming preference on the basis of an RVC rule. Exporters from Australia and New Zealand have the option of not including the FOB value in Box 9 and instead providing this information in a separate Exporter Declaration (see Attachment 5). The Exporter Declaration would not be provided to the Issuing Authority/Body that issues the COO, but would need to be presented with the COO to the Customs Authority of the importing Party at the time of import declaration. Note: For two years after the First Protocol’s entry into force – until 1 October 2017 – all goods exported to Cambodia and Myanmar will need to have the FOB value included on the COO, irrespective of what rule is used to claim AANZFTA origin. All goods exported from Cambodia and Myanmar until 1 October 2017 will also need to include the FOB value on the COO. The name of the company issuing a third-party invoice has to be specified in Box 7 or if there is insufficient space on a continuation sheet. (OCP Rule 22) A third-party invoice refers to the situation where the sales invoice is issued either by a company located in a third country (whether that country is an AANZFTA party or is a non-party) or by an exporter for the account of that company. No erasures or superimpositions are allowed on the COO. Alterations should be made by striking out the erroneous material and making additions, with such alterations being approved by a person authorised to sign the COO and certified by the Issuing Authority/Body. Unused spaces should be crossed out to prevent subsequent additions. (OCP Rule 9) Issuing Authorities/Bodies. Details of the Issuing Authorities/Bodies have been provided by each Party before AANZFTA’s entry-into-force. The Issuing Authorities/Bodies have provided the names, addresses, specimen signatures and specimens of the impressions of official seals, to the other Parties. These notifications, which may be updated from time to time, take place through the ASEAN Secretariat. (OCP Rules 1 and 2).
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Obtaining and Using a Certificate of Origin, and Verification Procedures. 31. AANZFTA’s ROO are supported by a requirement that exports be accompanied by a COO Certificate of Origin (COO) issued by a designated authority (an Issuing Authority/Body). The detailed requirements for obtaining and using COO are set out in the OCP Operational Certification Procedures (OCP) in the Annex to Chapter 3. Key features of the COO requirements: • A COO is required to claim preferential tariff treatment. A COO is will be needed for each shipment of goods for which preferential tariff treatment under AANZFTA is claimed. An importer, if requested to, must submit the COO to the Customs Authority of the importing Party at the time of import declaration in order to claim preferential tariff treatment. (OCP Rule 12). ▬ However, a COO is will not be required for originating goods not exceeding US$200 FOB value or such higher amount specified in an importing Party’s domestic laws. (OCP Rule 14). ▬ Note that in the case of imports into Australia this FOB value amount is A$1,000. • The COO form. The Parties have agreed on the format for the COO (see sample COO in Attachment 3). Important features to note: ▬ The origin conferring criteria has to be specified in Box 8 using the acronyms listed in the Overleaf Notes. There is also a five two page guideline (see Attachment 4) to assist in filling out Box 8. Table 1 in the Guidelines applies to goods exported from an AANZFTA party - including Australia - where the First Protocol has entered into force. Table 2 of the Guidelines apply to goods exported from parties where the First Protocol has not entered into force (i.e. Indonesia). ▬ The quantity and FOB value of the goods have to be specified in Box 9. The FOB value of the goods also needs to be specified in Box 9 if the good is claiming preference on the basis of an RVC rule. Exporters However, exporters from Australia and New Zealand have the option of not including the FOB value in Box 9 and instead providing this information in a separate Exporter Declaration (see Attachment 5). The Exporter Declaration would not be provided to the Issuing Authority/Body that issues the COO, but would need to be presented with the COO to the Customs Authority of the importing Party at the time of import declaration. Note: For two years after the First Protocol’s entry into force – until 1 October 2017 – all goods exported to Cambodia and Myanmar will need to have the FOB value included on the COO, irrespective of what rule is used to claim AANZFTA origin. All goods exported from Cambodia and Myanmar until 1 October 2017 will also need to include the FOB value on the COO. The name of the company issuing a third-party invoice has to be specified in Box 7 or if there is insufficient space on a continuation sheet. (OCP Rule 22) A third-party invoice refers to the situation where the sales invoice is issued either by a company located in a third country (whether that country is an AANZFTA party or is a non-party) or by an exporter for the account of that company. ▬ No erasures or superimpositions are allowed on the COO. Alterations should be made by striking out the erroneous material and making additions, with such alterations being approved by a person authorised to sign the COO and certified by the Issuing Authority/Body. Unused spaces should be crossed out to prevent subsequent additions. (OCP Rule 9) • Issuing Authorities/Bodies. Details of the Issuing Authorities/Bodies have been provided will be notified by each Party before AANZFTA’s entry-into-force. The Issuing Authorities/Bodies have provided will provide the names, addresses, specimen signatures and specimens of the impressions of official seals, to the other Parties. These notifications, which may be updated from time to time, notifications will take place through the ASEAN Secretariat. (OCP Rules 1 and 2). • Application for a COO. The manufacturer, producer, or exporter of the good or an authorised representative will apply to the Issuing Authority/Body for a COO. They must provide appropriate supporting documents and other relevant information to the Issuing Authority to prove that the good to be exported qualifies as originating. (OCP Rule 6) • The COO consists of an original and two copies. The original of the COO, bearing the signature and official seal of the Issuing Authority/Body, must be forwarded by the exporter to the importer for submission, if requested, to the Customs Authority in the importing Party. A copy of the COO must be retained by the exporter and the Issuing Authority/Body, respectively. (OCP Rule 7) • Issuing of the COO. The COO has to be issued as near as possible to, but no later than three working days after, the date of exportation. Where this is not possible, due to involuntary errors or omissions or other valid causes, the COO may be issued retroactively, but no longer than twelve months from the date of exportation, bearing the words “ISSUED RETROACTIVELY”. (OCP Rule 10). • Period of validity of COO. The COO will be valid for a period of twelve months from the date of issue and must be submitted to the Customs Authority of the importing Party within that period. (OCP Rule 13). • Back-to-back certificate. If an AANZFTA originating good has been imported into an AANZFTA Party but is then re-exported to another AANZFTA Party, the exporter in the “intermediate AANZFTA Party” may make an application to the Issuing Authority/Body in that Party to issue a “back-to-back certificate” to ensure that the good will be eligible for preferential tariff treatment in the AANZFTA Party that is the final destination. A number of conditions must be met for the issuing of a back-to-back certificate (e.g. a valid COO for the first export or its certified true copy must be presented, and the consignment to be re-exported must not undergo further processing in the intermediate Party, except for packing or logistics activities or other operations necessary to preserve them in good condition or to transport them to the final destination.) (OCP Rule 10). Back-to- back certificates are not required for transhipment between AANZFTA Parties where the goods are not imported. • Record keeping. The Issuing Authority/Body, manufacturer, producer, exporter, importer and their authorised representative are required to maintain all records relating to the exportation or importation that are necessary to demonstrate that the good qualifies for preferential treatment for a period of not less than three years after the date of exportation or importation. (OCP Rule 16). In the case of Australian traders, records must be kept for at least five years. • Verification. The OCP also provides detailed provisions on the approach to be followed by the Customs Authority of the importing Party if it sees a need to verify the eligibility of a good for preferential tariff treatment. Verification activities may involve requests for information from the Issuing Authority/Body, the importer, the exporter or the producer of the goods, or a request to undertake a verification visit to the premises or factory of the exporter or producer. Communication between the Customs Authority of the importing Party and the exporter or producer is to be channelled through the Issuing Authority/Body of the exporting Party. If the exporter or producer refuses the request, then preferential tariff treatment may be denied. (OCP Rules 17, 18, 19). The Issuing Authorities/Bodies
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Samples: Agreement
Obtaining and Using a Certificate of Origin, and Verification Procedures. AANZFTA’s ROO are supported by a requirement that exports be accompanied by a COO issued by a designated authority (an Issuing Authority/Body). The detailed requirements for obtaining and using COO are set out in the OCP in the Annex to Chapter 3. Key features of the COO requirements: A COO is required to claim preferential tariff treatment. A COO is needed for each shipment of goods for which preferential tariff treatment under AANZFTA is claimed. An importer, if requested to, must submit the COO to the Customs Authority of the importing Party at the time of import declaration in order to claim preferential tariff treatment. (OCP Rule 12). However, a COO is not required for originating goods not exceeding US$200 FOB value or such higher amount specified in an importing Party’s domestic laws. (OCP Rule 14). Note that in the case of imports into Australia this FOB value amount is A$1,000. The COO form. The Parties have agreed on the format for the COO (see sample COO in Attachment 3). Important features to note: The origin conferring criteria has to be specified in Box 8 using the acronyms listed in the Overleaf Notes. There is also a five page guideline (see Attachment 4) to assist in filling out Box 8. Table 1 in the Guidelines applies to goods exported from an AANZFTA party - including Australia - where the First Protocol has entered into force. Table 2 of the Guidelines apply to goods exported from parties where the First Protocol has not entered into force (i.e. Indonesiaie. Indonesia and Cambodia). The quantity of the goods have to be specified in Box 9. The FOB value of the goods also needs to be specified in Box 9 if the good is claiming preference on the basis of an RVC rule. Exporters from Australia and New Zealand have the option of not including the FOB value in Box 9 and instead providing this information in a separate Exporter Declaration (see Attachment 5). The Exporter Declaration would not be provided to the Issuing Authority/Body that issues the COO, but would need to be presented with the COO to the Customs Authority of the importing Party at the time of import declaration. Note: For two years after the First Protocol’s entry into force – until 1 October 2017 – all goods exported to Cambodia and Myanmar will need to have the FOB value included on the COO, irrespective of what rule is used to claim AANZFTA origin. All goods exported from Cambodia and Myanmar until 1 October 2017 will also need to include the FOB value on the COO. The name of the company issuing a third-party invoice has to be specified in Box 7 or if there is insufficient space on a continuation sheet. (OCP Rule 22) A third-party invoice refers to the situation where the sales invoice is issued either by a company located in a third country (whether that country is an AANZFTA party or is a non-party) or by an exporter for the account of that company. It is important that this information is included in Box 7 (or on a continuation sheet) even though the Overleaf Notes do not specifically mention it. No erasures or superimpositions are allowed on the COO. Alterations should be made by striking out the erroneous material and making additions, with such alterations being approved by a person authorised to sign the COO and certified by the Issuing Authority/Body. Unused spaces should be crossed out to prevent subsequent additions. (OCP Rule 9) Issuing Authorities/Bodies. Details of the Issuing Authorities/Bodies have been provided by each Party before AANZFTA’s entry-into-force. The Issuing Authorities/Bodies have provided the names, addresses, specimen signatures and specimens of the impressions of official seals, to the other Parties. These notifications, which may be updated from time to time, take place through the ASEAN Secretariat. (OCP Rules 1 and 2).
Appears in 1 contract
Samples: Agreement
