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AGREEMENT ON RULES OF ORIGIN
Members,
Noting that Ministers on 20 September 1986 agreed that "the Uruguay
Round of Multilateral Trade Negotiations shall aim to bring about further
liberalization and expansion of world trade, strengthen the role of the GATT
and increase the responsiveness of the GATT system to the evolving
international economic environment";
Desiring to further the objectives of the GATT 1994;
Recognizing that clear and predictable rules of origin and their
application facilitate the flow of international trade;
Desiring to ensure that rules of origin themselves do not create
unnecessary obstacles to trade;
Desiring to ensure that rules of origin do not nullify or impair the
rights of Members under the GATT 1994;
Recognizing that it is desirable to provide transparency of laws,
regulations, and practices regarding rules of origin;
Desiring to ensure that rules of origin are prepared and applied in an
impartial, transparent, predictable, consistent and neutral manner;
Recognizing the availability of a consultation mechanism and
procedures for the speedy, effective and equitable resolution of disputes
arising under this Agreement;
Desiring to harmonize and clarify rules of origin;
Hereby agree as follows:
PART I
DEFINITIONS AND COVERAGE
Article 1
Rules of Origin
1. For the purposes of Parts I to IV of this Agreement, rules of origin
shall be defined as those laws, regulations and administrative
determinations of general application applied by any Member to determine the
country of origin of goods provided such rules of origin are not related to
contractual or autonomous trade régimes leading to the granting of tariff
preferences going beyond the application of Article I:1 of the GATT 1994.
2. Rules of origin referred to in paragraph 1 shall include all rules of
origin used in non-preferential commercial policy instruments, such as in
the application of: most-favoured-nation treatment under Articles I, II,
III, XI and XIII of the GATT 1994; anti-dumping and countervailing duties
under Article VI of the GATT 1994; safeguard measures under Article XIX of
the GATT 1994; origin marking requirements under Article IX of the GATT
1994; and any discriminatory quantitative restrictions or tariff quotas.
They shall also include rules of origin used for government procurement and
trade statistics.[1]
PART II
DISCIPLINES TO GOVERN THE APPLICATION OF RULES OF ORIGIN
Article 2
Disciplines During the Transition Period
Until the work programme for the harmonization of rules of origin set
out in Part IV below is completed, Members shall ensure that:
(a) when they issue administrative determinations of general
application, the requirements to be fulfilled are clearly
defined. In particular:
- in cases where the criterion of change of tariff
classification is applied, such a rule of origin, and any
exceptions to the rule, must clearly specify the
sub-headings or headings within the tariff nomenclature
that are addressed by the rule;
- in cases where the ad valorem percentage criterion is
applied, the method for calculating this percentage shall
also be indicated in the rules of origin;
- in cases where the criterion of manufacturing or processing
operation is prescribed, the operation that confers origin
on the good concerned shall be precisely specified;
(b) notwithstanding the measure or instrument of commercial policy to
which they are linked, their rules of origin are not used as
instruments to pursue trade objectives directly or indirectly;
(c) rules of origin shall not themselves create restrictive,
distorting, or disruptive effects on international trade. They
shall not pose unduly strict requirements or require the
fulfilment of a certain condition not related to manufacturing or
processing, as a prerequisite for the determination of the
country of origin. However, costs not directly related to
manufacturing or processing may be included for the purposes of
the application of an ad valorem percentage criterion consistent
with sub-paragraph (a) above;
(d) the rules of origin that they apply to imports and exports are
not more stringent than the rules of origin they apply to
determine whether or not a good is domestic and shall not
discriminate between other Members, irrespective of the
affiliation of the manufacturers of the good concerned;[2]
(e) their rules of origin are administered in a consistent, uniform,
impartial and reasonable manner;
(f) their rules of origin are based on a positive standard. Rules of
origin that state what does not confer origin (negative standard)
are permissible as part of a clarification of a positive standard
or in individual cases where a positive determination of origin
is not necessary;
(g) their laws, regulations, judicial and administrative rulings of
general application relating to rules of origin are published as
if they were subject to, and in accordance with, the provisions
of Article X:1 of the GATT 1994;
(h) upon the request of an exporter, importer or any person with a
justifiable cause, assessments of the origin they would accord to
a good are issued as soon as possible but no later than 150
days[3] after a request for such an assessment provided that all
necessary elements have been submitted. Requests for such
assessments shall be accepted before trade in the good concerned
begins and may be accepted at any later point in time. Such
assessments shall remain valid for three years provided that the
facts and conditions, including the rules of origin, under which
they have been made remain comparable. Provided that the parties
concerned are informed in advance, such assessments will no
longer be valid when a decision contrary to the assessment is
made in a review as referred to in sub-paragraph (j) below. Such
assessments shall be made publicly available subject to the
provisions of sub-paragraph (k) below;
(i) when introducing changes to their rules of origin or new rules of
origin, they shall not apply such changes retroactively as
defined in, and without prejudice to, their laws or regulations;
(j) any administrative action which they take in relation to the
determination of origin is reviewable promptly by judicial,
arbitral or administrative tribunals or procedures, independent
of the authority issuing the determination, which can effect the
modification or reversal of the determination;
(k) all information that is by nature confidential or that is
provided on a confidential basis for the purpose of the
application of rules of origin is treated as strictly
confidential by the authorities concerned, which shall not
disclose it without the specific permission of the person or
government providing such information, except to the extent that
it may be required to be disclosed in the context of judicial
proceedings.
Article 3
Disciplines after the Transition Period
Taking into account the aim of all Members to achieve as a result of
the harmonization work programme set out in Part IV below, the establishment
of harmonized rules of origin, the Members shall ensure, upon the
implementation of the results of the harmonization work programme that:
(a) they apply rules of origin equally for all purposes as set out in
Article 1 above;
(b) under their rules of origin, the country to be determined as the
origin of a particular good is either the country where the good
has been wholly obtained or, when more than one country is
concerned in the production of the good, the country where the
last substantial transformation has been carried out;
(c) the rules of origin that they apply to imports and exports are
not more stringent than the rules of origin they apply to
determine whether or not a good is domestic and shall not
discriminate between other Members, irrespective of the
affiliation of the manufacturers of the good concerned;
(d) the rules of origin are administered in a consistent, uniform,
impartial and reasonable manner;
(e) their laws, regulations, judicial and administrative rulings of
general application relating to rules of origin are published as
if they were subject to, and in accordance with, the provisions
of Article X:1 of the GATT 1994;
(f) upon the request of an exporter, importer or any person with a
justifiable cause, assessments of the origin they would accord to
a good are issued as soon as possible but no later than 150 days
after a request for such an assessment provided that all
necessary elements have been submitted. Requests for such
assessments shall be accepted before trade in the good concerned
begins and may be accepted at any later point in time. Such
assessments shall remain valid for three years provided that the
facts and conditions, including the rules of origin, under which
they have been made remain comparable. Provided that the parties
concerned are informed in advance, such assessments will no
longer be valid when a decision contrary to the assessment is
made in a review as referred to in sub-paragraph (h) below. Such
assessments shall be made publicly available subject to the
provisions of sub-paragraph (i) below;
(g) when introducing changes to their rules of origin or new rules of
origin, they shall not apply such changes retroactively as
defined in, and without prejudice to, their laws or regulations;
(h) any administrative action which they take in relation to the
determination of origin is reviewable promptly by judicial,
arbitral or administrative tribunals or procedures, independent
of the authority issuing the determination, which can effect the
modification or reversal of the determination;
(i) all information which is by nature confidential or which is
provided on a confidential basis for the purpose of the
application of rules of origin is treated as strictly
confidential by the authorities concerned, which shall not
disclose it without the specific permission of the person or
government providing such information, except to the extent that
it may be required to be disclosed in the context of judicial
proceedings.
PART III
PROCEDURAL ARRANGEMENTS ON NOTIFICATION, REVIEW,
CONSULTATION AND DISPUTE SETTLEMENT
Article 4
Institutions
There shall be established under this Agreement:
1. a Committee on Rules of Origin (hereinafter referred to as "the
Committee") composed of the representatives from each of the Members. The
Committee shall elect its own Chairman and shall meet as necessary, but not
less than once a year, for the purpose of affording Members the opportunity
to consult on matters relating to the operation of Parts I, II, III and IV
of the Agreement or the furtherance of the objectives set out in these Parts
and to carry out such other responsibilities assigned to it under this
Agreement or by the Council for Trade in Goods. Where appropriate, the
Committee shall request information and advice from the Technical Committee
(referred to in paragraph 2 below) on matters related to this Agreement.
The Committee may also request such other work from the Technical Committee
as it considers appropriate for the furtherance of the above-mentioned
objectives of this Agreement. The MTO Secretariat shall act as the
Secretariat to the Committee;
2. a Technical Committee on Rules of Origin (hereinafter referred to as
"the Technical Committee") under the auspices of the Customs Co-operation
Council (CCC) as set out in Annex I of this Agreement. The Technical
Committee shall carry out the technical work called for in Part IV and
prescribed in Annex I of this Agreement. Where appropriate, the Technical
Committee shall request information and advice from the Committee on matters
related to this Agreement. The Technical Committee may also request such
other work from the Committee as it considers appropriate for the
furtherance of the above-mentioned objectives of the Agreement. The CCC
secretariat shall act as the secretariat to the Technical Committee.
Article 5
Information and Procedures for Modification
and Introduction of New Rules of Origin
1. Upon entry into force of the Agreement Establishing the MTO, each
Member shall provide to the MTO Secretariat within 90 days its rules of
origin, judicial decisions, and administrative rulings of general
application relating to rules of origin in effect on the date of entry into
force of the Agreement Establishing the MTO. If by inadvertence a rule of
origin has not been provided, the Member concerned shall provide it
immediately after this fact becomes known. Lists of information received
and available with the MTO Secretariat shall be circulated to the Members by
the MTO Secretariat.
2. During the period referred to in Article 2 above, Members introducing
modifications, other than de minimis modifications, to their rules of origin
or introducing new rules of origin, which, for the purpose of this Article,
shall include any rule of origin referred to in paragraph 1 above and not
provided to the MTO Secretariat, shall publish a notice to that effect at
least 60 days before the entry into force of the modified or new rule in
such a manner as to enable interested parties to become acquainted with the
intention to modify a rule of origin or to introduce a new rule of origin,
unless exceptional circumstances arise or threaten to arise for a Member.
In these exceptional cases, the Member shall publish the modified or new
rule as soon as possible.
Article 6
Review
1. The Committee shall review annually the implementation and operation
of Parts II and III of this Agreement having regard to its objectives. The
Committee shall annually inform the Council for Trade in Goods of
developments during the period covered by such reviews.
2. The Committee shall review the provisions of Parts I, II and III above
and propose amendments as necessary to reflect the results of the
harmonization work programme.
3. The Committee, in cooperation with the Technical Committee, shall set
up a mechanism to consider and propose amendments to the results of the
harmonization work programme, taking into account the objectives and
principles set out in Article 9. This may include instances where the rules
need to be made more operational or need to be updated to take into account
new production processes as affected by any technological change.
Article 7
Consultation
The provisions of Article XXII of the GATT 1994, as elaborated and
applied by the Understanding on Rules and Procedures Governing the
Settlement of Disputes, are applicable to this Agreement.
Article 8
Dispute Settlement
The provisions of Article XXIII of the GATT 1994, as elaborated and
applied by the Understanding on Rules and Procedures Governing the
Settlement of Disputes, are applicable to this Agreement.
PART IV
HARMONIZATION OF RULES OF ORIGIN
Article 9
Objectives and Principles
1. With the objectives of harmonizing rules of origin and, inter alia,
providing more certainty in the conduct of world trade, the Ministerial
Conference shall undertake the work programme set out below in conjunction
with the CCC, on the basis of the following principles:
(a) rules of origin should be applied equally for all purposes as set
out in Article 1 above;
(b) rules of origin should provide for the country to be determined
as the origin of a particular good to be either the country where
the good has been wholly obtained or, when more than one country
is concerned in the production of the good, the country where the
last substantial transformation has been carried out;
(c) rules of origin should be objective, understandable and
predictable;
(d) notwithstanding the measure or instrument to which they may be
linked, rules of origin should not be used as instruments to
pursue trade objectives directly or indirectly. They should not
themselves create restrictive, distorting or disruptive effects
on international trade. They should not pose unduly strict
requirements or require the fulfilment of a certain condition not
relating to manufacturing or processing as a prerequisite for the
determination of the country of origin. However, costs not
directly related to manufacturing or processing may be included
for purposes of the application of an ad valorem percentage
criterion;
(e) rules of origin should be administrable in a consistent, uniform,
impartial and reasonable manner;
(f) rules of origin should be coherent;
(g) rules of origin should be based on a positive standard. Negative
standards may be used to clarify a positive standard.
Work Programme
2. (a) The work programme shall be initiated as soon after the entry
into force of the Agreement Establishing the MTO as possible and
will be completed within three years of initiation.
(b) The Committee and the Technical Committee provided for in Article
4 of this Agreement shall be the appropriate bodies to conduct
this work.
(c) To provide for detailed input by the CCC, the Committee shall
request the Technical Committee to provide its interpretations
and opinions resulting from the work described below on the basis
of the principles listed in paragraph 1 of this Article. To
ensure timely completion of the work programme for harmonization,
such work shall be conducted on a product sector basis, as
represented by various chapters or sections of the Harmonized
System (HS) nomenclature.
(i) Wholly Obtained and Minimal Operations or Processes
The Technical Committee shall develop harmonized definitions of:
- the goods that are to be considered as being wholly
obtained in one country. This work shall be as detailed as
possible;
- minimal operations or processes that do not by themselves
confer origin to a good.
The results of this work shall be submitted to the Committee
within three months of receipt of the request from the Committee.
(ii) Substantial Transformation - Change in Tariff
Classification
- The Technical Committee shall consider and elaborate upon,
on the basis of the criterion of substantial
transformation, the use of change in tariff subheading or
heading when developing rules of origin for particular
products or a product sector and, if appropriate, the
minimum change within the nomenclature that meets this
criterion.
- The Technical Committee shall divide the above work on a
product basis taking into account the chapters or sections
of the HS nomenclature, so as to submit results of its work
to the Committee at least on a quarterly basis. The
Technical Committee shall complete the above work within
one year and three months from receipt of the request of
the Committee.
(iii) Substantial Transformation - Supplementary Criteria
Upon completion of the work under (ii) for each product sector or
individual product category where the exclusive use of the HS
nomenclature does not allow for the expression of substantial
transformation, the Technical Committee:
- shall consider and elaborate upon, on the basis of the
criterion of substantial transformation, the use, in a
supplementary or exclusive manner, of other requirements,
including ad valorem percentages[4] and/or manufacturing or
processing operations[5], when developing rules of origin
for particular products or a product sector;
- may provide explanations for its proposals;
- shall divide the above work on a product basis taking into
account the chapters or sections of the HS nomenclature, so
as to submit results of its work to the Committee at least
on a quarterly basis. The Technical Committee shall
complete the above work within two years and three months
of receipt of the request from the Committee.
Rôle of the Committee
3. On the basis of the principles listed in paragraph 1 of this Article:
(a) the Committee shall consider the interpretations and opinions of
the Technical Committee periodically in accordance with the
time-frames provided in (i), (ii) and (iii) above with a view to
endorsing such interpretations and opinions. The Committee may
request the Technical Committee to refine or elaborate its work
and/or to develop new approaches. To assist the Technical
Committee, the Committee should provide its reasons for requests
for additional work and, as appropriate, suggest alternative
approaches;
(b) upon completion of all the work identified in (i), (ii) and (iii)
above, the Committee shall consider the results in terms of their
overall coherence.
Results of the Harmonization Work Programme and Subsequent Work
4. The Ministerial Conference shall establish the results of the
harmonization work programme in an annex as an integral part of this
Agreement.[6] The Ministerial Conference shall establish a time-frame for
the entry into force of this annex.
ANNEX I
TECHNICAL COMMITTEE ON RULES OF ORIGIN
Responsibilities
1. The on-going responsibilities of the Technical Committee shall include
the following:
(a) at the request of any member of the Technical Committee, to
examine specific technical problems arising in the day-to-day
administration of the rules of origin of Members and to give
advisory opinions on appropriate solutions based upon the facts
presented;
(b) to furnish information and advice on any matters concerning the
origin determination of goods as may be requested by any Member
or the Committee;
(c) to prepare and circulate periodic reports on the technical
aspects of the operation and status of this Agreement; and
(d) to review annually the technical aspects of the implementation
and operation of Parts II and III of this Agreement.
2. The Technical Committee shall exercise such other responsibilities as
the Committee may request of it.
3. The Technical Committee shall attempt to conclude its work on specific
matters, especially those referred to it by Members or the Committee, in a
reasonably short period of time.
Representation
4. Each Member shall have the right to be represented on the Technical
Committee. Each Member may nominate one delegate and one or more alternates
to be its representatives on the Technical Committee. Such a Member so
represented on the Technical Committee is hereinafter referred to as a
"member" of the Technical Committee. Representatives of members of the
Technical Committee may be assisted by advisers at meetings of the Technical
Committee. The MTO Secretariat may also attend such meetings with observer
status.
5. Members of the CCC who are not MTO Members may be represented at
meetings of the Technical Committee by one delegate and one or more
alternates. Such representatives shall attend meetings of the Technical
Committee as observers.
6. Subject to the approval of the Chairman of the Technical Committee,
the Secretary-General of the CCC (hereinafter referred to as "the
Secretary-General") may invite representatives of governments which are
neither MTO Members nor members of the CCC and representatives of
international governmental and trade organizations to attend meetings of the
Technical Committee as observers.
7. Nominations of delegates, alternates and advisers to meetings of the
Technical Committee shall be made to the Secretary-General.
Meetings
8. The Technical Committee shall meet as necessary, but not less than
once a year.
Procedures
9. The Technical Committee shall elect its own Chairman and shall
establish its own procedures.
ANNEX II
COMMON DECLARATION WITH REGARD TO PREFERENTIAL RULES OF ORIGIN
1. Recognizing that some Members apply preferential rules of origin,
distinct from non-preferential rules of origin, the Members hereby agree as
follows.
2. For the purposes of this Common Declaration, preferential rules of
origin shall be defined as those laws, regulations and administrative
determinations of general application applied by any Member to determine
whether goods qualify for preferential treatment under contractual or
autonomous trade régimes leading to the granting of tariff preferences going
beyond the application of Article I:1 of the GATT 1994.
3. The Members agree to ensure that:
(a) when they issue administrative determinations of general
application, the requirements to be fulfilled are clearly
defined. In particular:
- in cases where the criterion of change of tariff
classification is applied, such a preferential rule of
origin, and any exceptions to the rule, must clearly
specify the sub-headings or headings within the tariff
nomenclature that are addressed by the rule;
- in cases where the ad valorem percentage criterion is
applied, the method for calculating this percentage shall
also be indicated in the preferential rules of origin;
- in cases where the criterion of manufacturing or processing
operation is prescribed, the operation that confers
preferential origin shall be precisely specified;
(b) their preferential rules of origin are based on a positive
standard. Preferential rules of origin that state what does not
confer preferential origin (negative standard) are permissible as
part of a clarification of a positive standard or in individual
cases where a positive determination of preferential origin is
not necessary;
(c) their laws, regulations, judicial and administrative rulings of
general application relating to preferential rules of origin are
published as if they were subject to, and in accordance with, the
provisions of Article X:1 of the GATT 1994;
(d) upon request of an exporter, importer or any person with a
justifiable cause, assessments of the preferential origin they
would accord to a good are issued as soon as possible but no
later than 150 days[7] after a request for such an assessment
provided that all necessary elements have been submitted.
Requests for such assessments shall be accepted before trade in
the good concerned begins and may be accepted at any later point
in time. Such assessments shall remain valid for three years
provided that the facts and conditions, including the
preferential rules of origin, under which they have been made
remain comparable. Provided that the parties concerned are
informed in advance, such assessments will no longer be valid
when a decision contrary to the assessment is made in a review as
referred to in sub-paragraph (f) below. Such assessments shall
be made publicly available subject to the provisions of
sub-paragraph (g) below;
(e) when introducing changes to their preferential rules of origin or
new preferential rules of origin, they shall not apply such
changes retroactively as defined in, and without prejudice to,
their laws or regulations;
(f) any administrative action which they take in relation to the
determination of preferential origin is reviewable promptly by
judicial, arbitral or administrative tribunals or procedures,
independent of the authority issuing the determination, which can
effect the modification or reversal of the determination;
(g) all information that is by nature confidential or that is
provided on a confidential basis for the purpose of the
application of preferential rules of origin is treated as
strictly confidential by the authorities concerned, which shall
not disclose it without the specific permission of the person or
government providing such information, except to the extent that
it may be required to be disclosed in the context of judicial
proceedings.
4. The Members agree to provide to the MTO Secretariat promptly their
preferential rules of origin, including a listing of the preferential
arrangements to which they apply, judicial decisions, and administrative
rulings of general application relating to their preferential rules of
origin in effect on the date of entry into force of this Common Declaration.
Furthermore, Members agree to provide any modifications to their
preferential rules of origin or new preferential rules of origin as soon as
possible to the MTO Secretariat. Lists of information received and
available with the MTO Secretariat shall be circulated to the Members by the
MTO Secretariat.
1. It is understood that this provision is without prejudice to those
determinations made for purposes of defining "domestic industry" or "like
products of domestic industry" or similar terms wherever they apply.
2. With respect to rules of origin applied for the purposes of government
procurement, this provision shall not create obligations additional to those
already assumed by Members under the GATT 1994.
3. In respect of requests made during the first year from entry into force
of the Agreement Establishing the MTO, Members shall only be required to
issue these assessments as soon as possible.
4. If the ad valorem criterion is prescribed, the method for calculating
this percentage shall also be indicated in the rules of origin.
5. If the criterion of manufacturing or processing operation is prescribed,
the operation that confers origin on the product concerned shall be
precisely specified.
6. At the same time, consideration shall be given to arrangements concerning
the settlement of disputes relating to customs classification.
7. In respect of requests made during the first year from entry into force
of the Agreement Establishing the MTO, Members shall only be required to
issue these assessments as soon as possible.