NOTIFICATION
OF NON-PREFERENTIAL RULES OF ORIGIN UNDER ARTICLE 5
OF THE AGREEMENT ON RULES OF ORIGIN
Note by the Secretariat
1._
According to
Article 5.1 of the Agreement on Rules of Origin, each Member shall provide to
the Secretariat, within 90 days after the date of entry into force of the WTO
Agreement for it, its rules of origin, judicial decisions, and administrative
rulings of general application relating to rules of origin in effect on that
date. If, by inadvertence, a rule of origin has not been provided, the Member
concerned shall provide it immediately after this fact becomes known.
2._ Article 5.2 of the Agreement provides, moreover, that during
the period referred to in Article 2, Members introducing modifications,
other than de minimis
modifications, to their rules of origin or introducing new rules of origin,
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.
3._ In addition, and based on proposals
by Members, the Chairperson of in the CRO noted that it would be desirable that
Members keep their notifications complete, up to date and accurate in case of
modifications to the applicable legislation, as necessary.[1] In doing so, Members were encouraged to use the notification template set
out in Annexes 1 and 2 below on a trial and entirely voluntary basis.
4._ Any new or additional information
notified using this template shall be made publicly available by the WTO Secretariat.
ANNEX 1
NOTIFICATION
of NON-PREFERENTIAL RULES OF ORIGIN
NOTIFICATION
TEMPLATE
Annex 1 may be duplicated as many times as the Member
deems necessary.
I. BASIC INFORMATION
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1)_
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Notifying Member:
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2)_
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Contact point:
(If possible, provide the following contact
details: name, telephone, e‑mail, website)
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3)_
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Are non-preferential rules of origin ("non-preferential
RO") in force?
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o
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Yes
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o
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No*
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* If your answer in question 3 is 'No', the
subsequent questions of this Annex do not need to be completed
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4)_
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Please indicate which commercial policy
instruments use these non‑preferential RO (refer to Article 1.2 of the
Agreement on Rules of Origin):
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5)_
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Date of entry into force or any substantive
modification thereof:
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6)_
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Date of expiration, if applicable:
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7)_
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Governmental or non-governmental authorities in
charge of administration:
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8)_
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Internet link to legislation, title and date of
adoption of the legislation, and for any explanatory documents, if
applicable:
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9)_
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Comments, if any:
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II. APPLICATION OF NON-PREFERENTIAL RULES OF
ORIGIN
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10)_
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Do non-preferential RO apply to imports?
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o
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Yes
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o
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No
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11)_
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Do non-preferential RO apply to exports?
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o
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Yes
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o
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No
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12)_
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Is there a de minimis
rule for the application of non-preferential RO?
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o
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Yes
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o
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No
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If "Yes", please specify the de minimis threshold and provide the relevant legal
references applicable to questions 10 to 12:
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III. CRITERIA
FOR DETERMINING SUBSTANTIAL TRANSFORMATION FOR ASSESSING THE ORIGIN OF THE GOOD
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13)_
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General criteria, if applicable for all
products:
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14)_
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Product specific rules of origin where
applicable:
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15)_
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Definition of non-originating material and
originating material, if any:
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16)_
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List of minimal operations not conferring
origin, if any:
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17)_
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Residual rules, if any:
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18)_
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Any other information the Member deems necessary
(provide an Internet link, if appropriate)
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IV. ADVANCE RULINGS
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19)_
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Are advance rulings on the origin of a good
issued?[2]
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20)_
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Authority in charge of issuing advance rulings
on origin:
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21)_
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Instructions for the application for an advance
ruling on origin:
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22)_
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Internet link to legislation and any other
relevant legal references:
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ANNEX 2
NOTIFICATION
TEMPLATE FOR DOCUMENTARY REQUIREMENTS RELATED TO
NON-PREFERENTIAL RULES OF ORIGIN
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1)_
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For
imports, are there mandatory requirements for certificate and/or any other
documentary proof of origin for non-preferential purposes?
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o
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Yes
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o
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No**
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2)_
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For
exports, are there mandatory requirements for certificate and/or any other
documentary proof of origin for non-preferential purposes?
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o
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Yes
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o
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No**
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** If answers to questions 1 and 2 are 'No', the
subsequent questions of this Annex do not need to be completed
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3)_
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Is
there a standardized or prescribed format and/or content of certificate
and/or any other mandatory documentary proof of origin?
If
"Yes", please attach a copy or provide relevant details in the
Appendix of this Annex
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Yes No
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4)_
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If
only requested in specific circumstances, please describe the cases for which
a certificate (or other mandatory documentary proof of origin) is requested
and the respective format (prescribed form or other):
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5)_
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If
mandatory requirements for certificate and/or any other documentary proof of
origin for non-preferential purposes are limited to certain products, please
specify for which HS Chapters and the respective format (prescribed form or
other):
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6)_
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Exemptions
to the mandatory requirements for certificate and/or any other documentary
proof of origin for non-preferential purposes (e.g. low value consignments,
postal consignments, …):
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7)_
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Governmental
or non-governmental authorities designated for issuance of certificate and/or
any other mandatory documentary proof of origin, if any:
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8)_
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Please
provide the relevant legal references applicable to Questions 1 to 7:
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ANNEX 2 ‒ APPENDIX
Please
attach the prescribed form and/or Internet link to the prescribed form of
Certificate of origin (or other mandatory documentary proof of origin), if
applicable.
__________
[1] The Chair's report is contained in document _JOB/RO/8/Rev.3.
[2] As defined
in Article 2(h) of the Agreement on Rules of Origin and Article 3 of the Trade
Facilitation Agreement.