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Annex 6 MERCOSUR – JORDAN III Negotiating Round - Amman, Jordan CHAPTER II RULES OF ORIGIN SECTION I GENERAL PROVISIONS Article 1. - Definitions For the purpose of this Chapter: (a) “Manufacture” means any kind of working or processing, including assembly or specific operations; (b) “Material" means raw materials, ingredients, intermediate materials, parts, components, subassembly and goods that are incorporated into another good or are subject to a process in the production of another good; (c) “Product” means the good manufactured, even if it is intended for later use in another manufacturing operation; (d) “customs value" means the value as determined in accordance with the Agreement on Implementation of Article VII of the GATT 1994 (WTO Agreement on Customs Valuation); (e) “CIF price” means the price paid to the exporter for the product when the goods pass the ship’s rail at the port of importation, including the costs of freight and insurance necessary to deliver the goods to the named port of destination, or the equivalent price paid in another means of transportation. Pending issues are colored in green 1

Transcript of ANNEX XXX - comercio.gob.ar€¦  · Web viewMinistério do Desenvolvimiento, Indústria e...

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Annex 6

MERCOSUR – JORDAN

III Negotiating Round - Amman, Jordan

CHAPTER II

RULES OF ORIGINSECTION I

GENERAL PROVISIONS

Article 1. - Definitions

For the purpose of this Chapter:

(a) “Manufacture” means any kind of working or processing, including assembly or specific operations;

(b) “Material" means raw materials, ingredients, intermediate materials, parts, components, subassembly and goods that are incorporated into another good or are subject to a process in the production of another good;

(c) “Product” means the good manufactured, even if it is intended for later use in another manufacturing operation;

(d) “customs value" means the value as determined in accordance with the Agreement on Implementation of Article VII of the GATT 1994 (WTO Agreement on Customs Valuation);

(e) “CIF price” means the price paid to the exporter for the product when the goods pass the ship’s rail at the port of importation, including the costs of freight and insurance necessary to deliver the goods to the named port of destination, or the equivalent price paid in another means of transportation.

(f) “FOB price” means the price paid to the exporter for the product when the goods pass the ship’s rail at the named port of shipment, or the equivalent price in another means of transportation;

(g) “Harmonized System” refers to the Harmonized Commodity Description and Coding System which contains headings, subheadings and the corresponding numeric codes, the notes of the sections, chapters and subheadings, as well as the General Rules for its interpretation;

(h) “Chapters”, “headings” and “subheadings” refer respectively to the first two, the first four and the first six digit codes used in the nomenclature of the Harmonized System or “HS”;

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(i) “Tariff classification” refers to the numeric code which corresponds to a good that is subject of international trade, in a nomenclature based on the Harmonized System;

(j) “Goods” means both materials and products; (k) The ‘territory of Jordan’ means the land territory, air space, internal water and territorial sea over which Jordan exercises sovereignty

(l) The ‘territory of the Member Sates of MERCOSUR’ means the respective territories of the Member States of MERCOSUR, including their respective territorial seas the exclusive economic zones and continental shelves, in accordance with their respective laws in force, the 1982 United Nations Convention on the Law of the Sea;

(m) “Competent authorities” refers to the authorities under the legislation of each Signatory Party, who is responsible for the implementation of the provisions of this Chapter.

The competent authorities in MERCOSUR and Jordan, or their possible successors, are detailed below:

(i) In MERCOSUR:

Ministerio de Industria - Secretaría de Industria y Comercio - Dirección Nacional de Política Comercial Externa / Ministry of Industry – Secretariat of Industry and Trade – National Directorate of External Trade PolicyJulio A. Roca N° 651- 6th Floor - Office 26 - Buenos Aires, Argentina Fax: (5411) 4349 3809

 

Ministério do Desenvolvimiento, Indústria e Comércio Exterior - Secretaria de Comércio Exterior (SECEX) - Departamento de Negociações Internacionais (DEINT) / Ministry of Development, Industry and Foreign Trade – Secretariat of Foreign Trade (SECEX) – Department of International Negotiations (DEINT)Esplanada dos Ministérios, Block J, 7th Floor – Brasília, Brasil Fax: (5561) 2027 7385

Ministério da Fazenda - Secretaria da Receita Federal do Brasil (RFB) - Coordenação Geral de Administração Aduaneira (Coana) /Ministry of Finance - Secretariat of the Federal Revenue of Brazil (RFB) - General Coordination of Customs Administration (Coana) Esplanada dos Ministérios - Bloco P, Prédio Anexo, Ala "B" - 4º andar CEP: 70048-900 - Brasília, DF Fax: (5561) 3412-1566

  Ministerio de Industria y Comercio - Dirección General de Comercio Exterior - Dirección de Operaciones de Comercio Exterior / Ministry of Industry and Trade – Directorate General of Foreign Trade – Directorate of Foreign Trade OperationsAv. Mariscal López Nº 3333 – Asunción, Paraguay Fax: (59521) 616 3084

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Ministerio de Economía y Finanzas - Asesoría de Política Comercial / Ministry of Economy and Finance – Trade Policy BureauColonia 1206 – 2nd. Floor - Montevideo, Uruguay Fax: (5982) 902 03 54 int 15

ii) in JordanMinistry of Industry and TradeIndustrial Development Directorate Queen Noor street- Shmeisani area P.O.Box 2019 -Amman 11181 JordanTel: (009626) 5629070 Fax:( 009626)5622162

SECTION II

CRITERIA FOR ORIGINATING GOODS

Article 2. - Goods wholly obtained or produced exclusively from originating materials 1. The following goods will be considered as wholly obtained or produced in the territory of any of the [Signatory Parties]:

a) Plants and vegetable products grown, harvested, gathered or obtained there, including in their territorial seas, exclusive economic zone or continental shelf;

b) Live animals born and raised there, including by aquaculture and in its territorial sea, the continental shelf or the exclusive economic zone;

c) Products obtained from animals born and raised there;

d) animals and products thereof obtained by hunting, trapping, collecting, fishing and capturing there; including in its territorial seas, continental shelf or in the exclusive economic zone;

e) Mineral products and other natural substances extracted from the soil or subsoil of any of the [Signatory Parties], including its territorial seas, continental shelf or exclusive economic zone;

f) Products obtained from the seabed and subsoil beyond the limits of national jurisdiction provided that the [Signatory Party] has the rights of exploitation;

g) products of sea fishing obtained, only by their vessels according to paragraph 2, under a specific quota or other fishing rights allocated to a [Signatory Party] by international agreements;

h) Products made aboard their factory ships exclusively from products referred to in (f) and (g);

i) Goods produced in any of the [Signatory Parties] using exclusively originating materials from these Parties.

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j) Waste and scrap resulting from utilization, consumption or manufacturing operations conducted there, provided that these norms are without prejudice to national legislation regarding the import of the goods mentioned therein

2. The terms “their vessels” and “their factory ships” in paragraph 1 (g and h) shall apply only to vessels and factory ships:

(a) Which are flagged and registered or recorded in a [Signatory Party]; and

(b) which are owned by a natural person with domicile in that [Signatory Party] or by a commercial company, established and registered in that [Signatory Party] in accordance with its laws and performing its activities in conformity with the laws and regulations of the said [Signatory Party], and which have at least XXX% (Jordan proposes 75% and MS under consultation) of the crew composed of nationals of that [Signatory Party], provided that the master and officers are nationals of that [Signatory Party].

Article 3. - Goods manufactured from non originating materials

1- The following goods shall be considered as originating in the territory of any [Signatory Party]:

i) Products that are not subject to specific rules of origin, when:

a) Classified in a different heading (four digits level) of Harmonized Commodity Description and Coding System (HS) from those in which all non originating materials used in it's the manufacture are classified, or

b) In the case that rule a) can not be fulfilled, the CIF value of non originating materials used in its manufacture does not exceed 40% of the FOB value of the final product. In the case of Paraguay the referred value of non originating materials should not exceed 50% of the FOB price.

ii) Products that fulfill the specific rules of origin established in Appendix xxxxxxx. The specific rules of origin shall prevail over the rule mentioned in point i) of the present paragraph, letters a) and b). The [Signatory Parties] could establish future specific rules of origin, in exceptional and justified situations, as well revise the specific rules of origin established in Appendix xxxxxxx.]

JD: a) either specific rules of origin for all the products (similar to Canada but with adjustments to be submitted by Jordan side), orb) Change in tariff heading at a 6 digit level or 40% of local value added.

MS: cannot accept change in tariff classification at a 6 digit level. Regarding value added, it can accept 50% but not 40%.

[2- For the purposes of determining the CIF value of non originating materials for countries without coastline, the port of destination of the imported non originating products

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shall be the first seaport or inland waterway port located in any of the other [Signatory Parties].

3- In the cases that Uruguay and Paraguay export to ……., it shall be considered that a product fulfills the requirement of change of tariff heading if the CIF value of all non originating materials used in its the manufacture, which are not classified in a tariff heading different from that of the product, does not exceed 10% of the FOB value of the exported product.

The provisions aforementioned do not apply to tariff headings subject to specific rules of origin.

4- Paragraphs 1 to 3 are subject to the provisions of the Article 4.]

JD: It prefers the rule of origin to be set on EX-WORKS basis.

Article 4 – Insufficient processes to confer origin status

In the case of the products which have non-originating materials, the following operations, inter alia, shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 3 are satisfied.

(a) preserving operations to ensure that the products remain in good condition during transport and storage such as aeration, drying, refrigeration, immersion in salty or sulphured water or in water added with other substances and extraction of damaged parts;

(b) Simple change of package, disassembly and assembly of packages;

(c) Simple cleaning, including removal of oxide, oil, paint or other coverings;

(d) Ironing or pressing of textiles;

(e) Simple painting or polishing operations;

(f) Husking, partial or total bleaching, polishing, and glazing of cereals and rice;

(g) Operations to color sugar or form sugar lumps;

(h) Peeling, stoning and shelling, of fruits, nuts and vegetables;

(i) Sharpening, simple grinding or simple cutting;

(j) Simple operations as sifting, screening, sorting, classifying, grading, matching (including the making-up of sets of articles);

(k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;

(l) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;

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(m) Simple mixing of products, provided the characteristics of the obtained product are not essentially different from those of the mixed products;

(n) Simple assembly refers to operations that do not require special skills nor machines, apparatus or tools especially produced or installed for those operations.  

(o) Slaughter of animals;

(p) Oil application;

(q) Dilution in water or in any other substance which does not substantially alter the product characteristics;

(r) A combination of two or more operations specified in (a) to (q);

Article 5 - Accumulation of origin

[Goods originating in any of the Signatory Parties when used as an input for a finished product in another Signatory Party shall be considered originating in the latter.] JD

JD proposal (Products shall be considered as originating in Jordan if they are obtained in any MERCOSUR countries or any country has a free trade agreement with parties applying the same rules of origin, provided that the working or processing carried out in Jordan goes beyond the operations referred to in Article 4 of this Chapter.

And products shall be considered as originating in MERCOSUR countries if they are obtained in Jordan or any country has a free trade agreement with parties applying the same rules of origin, provided that the working or processing carried out in Jordan goes beyond the operations referred to in Article 4 in this agreement. Jordan and MERCOSUR will establish a mechanism to be adopted for all the goods that has different rules of origin for cumulation purposes for all Goods originating in any of the Parties, where each Party has a trade Agreement that, as contemplated by the WTO Agreement, concerns the establishment of a free trade area with the same non-party in order for the territory of that non-party to be deemed to form part of the territory of the free trade area established by this Agreement, for purposes of determining whether a good is an originating good under this agreement. The mechanism will be established through the joint committee in accordance with article XX of Chapter XX (Institutional Provision) of this Agreement).

Article 6. - Direct transport, Transit and Trans-shipment

In order for the originating goods or products to benefit from the preferential treatment provided for under the Agreement, they shall be transported directly between the exporting Signatory Party and the importing Signatory Party. The goods or products are transported directly provided:

a) They are transported through the territory of one or more Signatory Parties;

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b) They are in transit through one or more territories of third countries, with or without trans-shipment or temporary warehouse in such territories, under the surveillance of the customs authorities therein, provided that:

i) The transit entry is justified for geographical reasons or by consideration related exclusively to transport requirements;ii) They are not intended for trade, consumption, use or employment in the country of transit;iii) They do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition;

c) The originating goods that are stored under the control of a custom office in a custom warehouse of a Signatory Party with the corresponding Certificate of Origin, shall only undergo operations designed to ensure its trading, preservation in good condition, breaking-up of packages, or other operations, provided that their tariff classification and their originating status are not changed.

Such goods shall be sent totally or partially to any Signatory Party. The Signatory Parties may designate authorized entities or competent governmental authorities to issue replacement Certificates of Origin for all or some of these goods, within the period of validity of the Certificate of Origin submitted when the goods entered the custom warehousing.

In the case of MERCOSUR, the provisions of item d above shall apply only to the Signatory Parties that have decided on its implementation and that have duly notified the Joint Committee thereof.

Article 7. - Packages and packing materials for retail sale

1. The packages and packing materials for retail sale, when classified together with the packaged product, according to General Rule 5 (b) of the Harmonized System, shall not be taken into account for considering whether all non-originating materials used in the manufacture of a product fulfill the criterion corresponding to a change of tariff classification of the said product.

2. If the product is subject to a value added criterion, the value of the packages and packing materials for retail sale shall be taken into account in the assessment of its origin provided they and the goods in question are treated as being one for customs purposes.

Article 8. - Fungible Materials

For the purpose of establishing if a product is originating when in its manufacture are used originating and non-originating fungible materials, mixed or physically combined, the origin of such materials can be determined by any of the inventory management methods applicable in the Signatory Parties.

(a) where originating and non-originating fungible materials are used in the production of a good, the determination of whether the materials are originating materials may be made in accordance with any of the inventory management methods recognized in, or otherwise

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accepted by, the Generally Accepted Accounting Principles of the Party in which the production is performed; and(b) where originating and non-originating fungible goods are physically combined or mixed in inventory in a Party and exported in the same form to another Party, the determination of whether the good is an originating good may be made in accordance with any of the inventory management methods recognized in, or otherwise accepted by, the Generally Accepted Accounting Principles of the Party from which the good is exported.

Article 9. - Sets

Sets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non originating goods, the set as a whole shall be regarded as originating, provided that the CIF value of the non originating goods used in the composition of the set does not exceed15 per cent of the FOB price of the set.

Article 10. - Accessories, spare parts and tools

Accessories, spare parts or tools delivered with the good that form part of the good's standard accessories, spare parts, or tools, shall be considered as originating if the good is originating and shall be disregarded in determining whether all the non originating materials used in the production of the good undergo the applicable change in tariff classification, provided that:

a) The accessories, spare parts or tools are not invoiced separately from the good, even if they are detailed separately in the invoice;

b) The quantities and value of the accessories, spare parts or tools are customary for the good.

Article 11. - Neutral elements or indirect materials

The indirect materials shall be considered to be originating materials without regard to where they are produced. Which “Neutral elements" or “Indirect materials” means goods used in the production, testing or inspection of a good but not physically incorporated into the good, or goods used in the maintenance of buildings or in the operation of equipment associated with the production of a good, including:

(a) Energy and fuel;(b) Tools, dies, and moulds;(c) Parts and materials used in the maintenance of equipment and buildings;(d) Lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; (e) Gloves, glasses, footwear, clothing, safety equipment and supplies;(f) Equipment, devices, and supplies used for testing or inspecting the good.(g) Catalysts and solvents; and (h) Any other goods that are not incorporated into the good;

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Article 12. - Containers and packaging materials for shipment

The containers, packaging materials for shipment and pallets or similar articles, used exclusively for transporting goods shall not be taken into account when determining the origin of the goods.

Article 13. - Intermediate Materials

The producer of a good may consider as intermediate material any material produced in a Signatory Party used in the production of a good, provided that such intermediate material qualifies as originating in accordance with this Chapter. The intermediate material will be considered 100% originating once incorporated into the final product.

SECTION III

PROOF OF ORIGIN

Article 14 - General Requirements

Products originating in Jordan shall, on importation into a Member State of MERCOSUR and products originating in a Member State of MERCOSUR shall, on importation into Jordan benefit from this Agreement upon submission of one of the following proofs of origin:

(a) a Certificate of Origin, a specimen of which appears in Annex XXX of this Chapter;

(b) An Invoice Declaration in accordance with Article 20.

Article 15. - Certification of Origin

1. The Certificate of Origin is the document which certifies that the goods fulfill the origin requirements as set out in this Chapter, so that those goods can benefit from the preferential tariff treatment as provided in this Agreement. This certificate is valid for a single import operation of one or more products and its original version shall be included in the documentation to be submitted to the customs authorities of the importing [Signatory Party].

2. Certificates of Origin shall be issued by the government authorities for the Member States of MECOSUR, directly or by delegation, and by the Chambers, for Jordan in accordance with the domestic regulations of the exporting country. The control of the Certificates of Origin shall be under the responsibility of government authorities of each [Signatory Party].

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3. The certificates mentioned above shall be issued in the format agreed by the contracting parties in Appendix xxxx and their issuance shall be based on the procedures, rules or regulations in force in the exporting country.

4. The Certificate of Origin for an originating good shall be issued and completed in the English language. If the Certificate of Origin is handwritten, it shall be completed in ink and printed characters.

Article 16. - Issuance of the Certificate of Origin

1. The Certificate of Origin shall be valid for a period of one hundred eighty (180) days from the date of issuance which may be extended for as long as necessary, if the goods are stored under custom control that do not allow any alteration of them.

2. The Certificate of Origin will be signed and issued by government authorities designated by the Signatory Parties, which may delegate the signing and issuing of the certificates of origin to other authorized entities in accordance with Article 15.2.

3. Certificates of origin shall not be issued before the date of issuance of the commercial invoice that covers the operation, but on the same date or within sixty (60) days from that date.

4. The requesting party and certifying entities must keep the supporting documents under which the certificates of origin were issued for a period of at least three (3) years from the date of their issuance.

5. The certifying entities shall keep a permanent record of all certificates of origin issued that shall contain at least the certificate number, the name of the requesting party and the date of issuance.

6. The certificate of origin shall be issued in a sequential order by the government authorities for the Member States of MECOSUR, directly or by delegation, and by the Chambers, for Jordan.

7. Certificate of origin shall be issued before the goods have been exported.

Article. 17 (new): Transactions invoiced by third operators [pending]

Transactions invoiced by third operators shall be allowed provided that, in addition to the compliance with the provisions mentioned in a) and b) of Article 6, the commercial invoice issued by the third operator and the Certificate of Origin issued by the competent authorities of the exporting signatory party are submitted. In these cases the customs authorities shall require that in the Certificate of Origin is informed the number and date of the commercial invoice issued by the third operator and his name, country and address. If these data are not available when the Certificate of Origin is issued, the commercial Invoice attached to the Importation Request shall contain a Sworn Declaration attesting that the commercial Invoice corresponds to the Certificate of Origin submitted. The Sworn Declaration shall contain the number and the date of issue of the corresponding origin certificate and be signed by the operator. In the event of non-compliance with this requirement, the customs authorities shall not accept the Certificate of Origin and shall not grant the tariff preferences provided in this Agreement.

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Article 18 – Certificates of Origin Issued Retrospectively

1. Notwithstanding Article 16.7 of this Chapter, Certificates of Origin may exceptionally be issued after the exportation of the goods to which it relates if:

a) it was not issued at the time of exportation because of special circumstances; or,

b) it is demonstrated to the satisfaction of the Competent Authorities that a Certificate of Origin was issued but was not accepted at importation for technical reasons*.

2. For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the goods to which the Certificate of Origin relates, and state the reasons for his request.

3. The Competent Authorities, as referred to Article 20.4 of this Chapter, may issue a Certificate of Origin retrospectively only after verifying that the information supplied in the exporter's application corresponds to that in the corresponding file.

4. Certificates of Origin issued retrospectively must be endorsed with the following phrase in English:

"ISSUED RETROSPECTIVELY"

5. The endorsement referred to in paragraph 4 shall be inserted in Box 11 of the Certificate of Origin.

Article 19- Issuance of a Duplicate Certificate of Origin

1. In the event of theft, loss or destruction of a Certificate of Origin, the exporter may apply to the issuing Competent Authorities for a duplicate made out on the basis of the export documents in their possession.

2. The duplicate issued in this way must be endorsed with the following word in English:

"DUPLICATE"

3. The endorsement referred to in paragraph 2 shall be inserted in Box 11 of the duplicate Certificate of Origin.

4. The duplicate, which must bear the date of issuance of the original Certificate of Origin, shall take effect as from that date.

*See Explanatory Note in Annex II.3

Article 20- Exemptions from certificate of origin

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Conditions for waiving the requirement for certificate of origin of this Chapter, a declaration, subsequently referred to as the 'invoice declaration' given by the exporter on an invoice, which describes the products concerned in sufficient detail to enable them to be identified; the text of the invoice declaration appears in Annex XXX of this Chapter/Annex given that:

1. A Signatory shall not require a Certificate of Origin for the consignments containing originating products which the customs value does not exceed US$ 1.000,00. In this case the customs authorities may require an invoice declaration as referred in Article 14 (b).

2. An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the declaration, the text of which appears in Annex III to this Chapter in the English language. If the declaration is handwritten, it shall be written in ink in printed characters.

3. Invoice declarations shall bear the original signature of the exporter in handwriting.

Article 21 – Mutual Assistance

The competent governmental authorities of Jordan and the Member States of MERCOSUR shall provide each other, with specimen impressions of stamps used in their offices or in their delegated entities for the issue of Certificates of Origin, and the signatures of their officers that are authorized to issue the certificate of origin.

SECTION IV

VERIFICATION AND CONTROL OF ORIGIN

Article 22.

1. Subsequent verifications of proofs of origin shall be carried out at random or whenever the competent governmental authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfillment of the other requirements of this Chapter.

2. For the purposes of implementing the provisions of paragraph 1, the competent governmental authorities of the importing country shall return the Certificate of Origin and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the competent governmental authorities of the exporting country giving, where appropriate, the reasons for the inquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

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3. The verification shall be carried out by the competent governmental authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's books or any other check considered appropriate.

4. If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

5. The competent governmental authorities requesting the verification shall be informed of the results of this verification as soon as possible, but not later than 10 months from the date of the request. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in Jordan or in a Member State of MERCOSUR and fulfill the other requirements of this Chapter.

6. If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting competent governmental authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

7. This Article shall not preclude the exchange of information or the granting of any other assistance as provided for in customs cooperation agreements

SECTION V

REVIEW AND AMENDMENT

Article 23

1. The Joint Committee will review the implementation of this Chapter and, if appropriate, shall propose to the Signatory Parties amendments to it.

2. Such review may be initiated jointly with the negotiation to deepen or extend tariff preferences provided for in this Agreement, or at any time, at the request of a Party, to address specific difficulties faced by exporters with the existing origin criteria or any other aspects under this Chapter.

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ANNEX II.1MERCOSUR - JORDAN CERTIFICATE OF ORIGIN

1. Exporter(name, address, country)

Certificate #

2. Importer (name, address, country)

[Stamp, address and name of the certifying Authority (in case of MERCOSUR Countries)]

3. Port of shipment (Optional) 4. Country of Origin 5. Country of Destination

6. Commercial InvoiceNumber Date / /

7. Tariff item number

8. Goods description 9. Origin criteria 10. Gross Mass (kg) or other measure (litres, m3, etc.)

11. Remarks

CERTIFICATION OF ORIGIN12. Statement by the exporter:

I, the undersigned, declare that the goods described above meet the conditions required for the issuance of this Certificate of Origin.

Place and Date: Stamp and signature

13.Stamp, address and name of the Issuing Authority (in case of Jordan):

Place and Date:

Stamp and signature

14. Certification Authority certifies that:

This is to certify the authenticity of the precedent statement in accordance with the applicable regulations.

Place and Date:

Stamp and signature

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INSTRUCTIONS ON HOW TO FILL OUT AN JORDAN-MERCOSUR CERTIFICATE OF ORIGIN

General

The Certificate of Origin must be completed in accordance with these instructions together with the relevant provisions set forth in the Agreement.

Boxes "Certificate Number" and “Stamp, address and name of the Certifying Authority”

These boxes are for the use of the issuing authority, which shall fill in the Certificate number and sign it.

Box No. 2 - "Importer"

This box shall bear the details of the importer of the goods in the country of final destination. If, for commercial reasons it is not possible to designate the importer, the exporter shall complete the box with "Unknown".

Box No. 3 - "Port of shipment (Optional)"

This box shall indicate the last port of shipment from any Member State of MERCOSUR or from Jordan.

Box No. 4 "Country of Origin"

This box shall bear the name of the country of origin of the goods.

Box No. 5 - "Country of Destination"

This box shall bear the name of the country which is the final destination of the goods.

Box No.7 - “Tariff Item Number”

This box shall be filled in with the HS Code in force under this Agreement.

Box No. 8 - "Goods Description"

This box shall bear a detailed description of all the goods covered by the Certificate.

Box No. 9 - "Origin Criteria"

The manner in which the goods obtained their originating status according to the Agreement shall be detailed as follows:

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- "A" for goods that were wholly obtained in the territory of the Signatory

Parties, as specified in Article 2 of Chapter II. - "B" for goods that were not wholly obtained, but their non-originating

materials were sufficiently processed and those materials underwent a change of heading (4 digits).

- "C" for goods that were not wholly obtained, but their non-originating materials were sufficiently processed and the value of those non-originating materials do not exceed the rates specified in Article 2 of Chapter II.

- "D" for goods that were not wholly obtained, but they meet the specific origin criteria set forth in Annex XX.

Box No. 10 - "Gross Mass"

In the field reserved for gross weight or other quantity - the gross weight or any other units of quantity of the goods shall be detailed.

Box No. 11 - "Remarks"

This box shall bear observations made by the country of exportation, for example, the mention "DUPLICATE", "ISSUED RETROSPECTIVELY" or the mention that there is a third operator involved in the commercial transaction.

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PRINTING INSTRUCTIONS

1. Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a green printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

2. The Competent Authorities may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

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ANNEX II.2

INVOICE DECLARATION JORDAN-MERCOSUR

The exporter of the products covered by this document declares that these products comply

with the provisions of the Free Trade Agreement between Jordan and the Member States of

MERCOSUR, and the products originated in: _________

Date and Signature of the Exporter: __________________

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ANNEX II.3EXPLANATORY NOTE OF ARTICLE 18 – CERTIFICATES OF ORIGIN ISSUED

RETROSPECTIVELY – “TECHNICAL REASONS”

A Certificate of Origin may be rejected for ‘technical reasons’ because it was not made out in the prescribed manner. These are the cases which may give rise to subsequent presentation of a retrospectively-endorsed Certificate of Origin and they include, by way of example, the following:

- the Certificate of Origin has been made out on a form other than the prescribed one (e.g. differs significantly from the model in size or color, no serial number, not printed in the officially-prescribed language),

- one of the mandatory boxes (e.g. Box 7 on the Certificate of Origin) has not been filled in,

- the Certificate of Origin has not been stamped and signed (i.e. in Box 12),

- the Certificate of Origin is endorsed by a non-authorized authority,

- the stamp used is a new one which has not yet been notified,

- the Certificate of Origin presented is a copy or photocopy rather than the original,

- the entry in Box 4 refers to a third country that does not belong to the Agreement.

Action to be taken

The document should be marked ‘Document not accepted’, stating the reason(s), and then returned to the importer in order to enable him to get a new document issued retrospectively. The customs authorities, however, may keep a photocopy of the rejected document for the purposes of post-clearance verification or if they have grounds for suspecting fraud.

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