Republic of Turkey MINISTRY OF CUSTOMS AND TRADE TPS-OIC Rules of Origin Directorate General of the...
-
Upload
gary-conley -
Category
Documents
-
view
224 -
download
3
Transcript of Republic of Turkey MINISTRY OF CUSTOMS AND TRADE TPS-OIC Rules of Origin Directorate General of the...
Republic of Turkey
MINISTRY OF CUSTOMS AND TRADE
TPS-OIC Rules of Origin
Directorate General of the EU and External Relations2015, Ankara
TPS-OIC Rules of Origin
Instrument of COMCEC to foster
intra – OIC trade
Three Pillars:
Framework Agreement
PRETAS
Rules of Origin
What is TPS-OIC?
TPS-OIC Rules of Origin
Framework Agreement
PRETAS
Rules of Origin
= Legal basis of TPS-OIC System completed
Three Pillars of TPS-OIC
+
TPS-OIC Rules of Origin
Required:
Submission of the list of concessions
Completion of internal legislative
procedures
Completion of administrative issues
Steps towards practice
TPS-OIC Rules of Origin
I. General Provisions
II. Originating Products
III. Territorial Requirements
IV. TPS-OIC Certificate of Origin
V. Arrangements for Administrative
Cooperation
VI. Final Provisions
Chapters of TPS-OIC RoO
TPS-OIC Rules of Origin
Article 1 – Scope
Article 2 - Definitions
Chapter I General Provisions
TPS-OIC Rules of Origin
Article 3 – General Requirements
Article 4 - Wholly Produced or Obtained
Products
Article 5 - Sufficiently Worked or
Processed Products
Article 6 - Cumulation in the
Participating States
Chapter II Originating Products
TPS-OIC Rules of Origin
Article 7 - Insufficient Working or
Processing
Article 8 - Unit of Qualification
Article 9 - Accessories, Spare Parts and
Tools
Article 10 – Sets
Article 11 – Neutral Elements
Article 12 – Prohibition
Chapter II Originating Products
TPS-OIC Rules of Origin
According to Article 3, products eligible for preferential regime should:
Chapter IIProducts eligible for preferential
regime
be wholly produced or obtained OR
have been undergone
sufficient working or processing
in the manufacturing Party
TPS-OIC Rules of Origin
According to Article 4, wholly produced or obtained products are:
Chapter IIWholly produced or obtained products
raw or mineral products extracted from soil agricultural products harvested, live animals born and raised there, products obtained from animals born
and/or raised there; products obtained by hunting, fishing or
aquaculture activities conducted there; etc…
TPS-OIC Rules of Origin
Article 5 sets the value added criterion if non originating material is used in production:
Chapter II Sufficient workings or processings
Non-originating materials can be used in manufacture unless the value of such materials does not exceed 60% of the ex-works price of the product. (70 % in the case of LDCs.)
TPS-OIC Rules of OriginIf the materials originating in a third country
used in the production
If do the materials originating in a 3rd country satisfy the 60 % value added rule (are they sufficiently
worked or processed) ?
originating in Turkey
not acquired originating status
YES
NO
TPS-OIC Rules of Origin
Chapter II – Sufficiently Working-Processing
VIETNAM PAKISTAN
StandartCertificate of Origin
Fabric
TPS-OICCertificate of Origin
Shirt
TURKEY
TPS-OIC Rules of Origin
Article 6 stipulates the cumulation between the Parties provided that :
Chapter II Cumulation
• the working or processing carried out in the manufacturing Party goes beyond the insufficient operations AND• the aggregate content originating in the manufacturing Party is not less than 40 % of the ex-works price of the product. (30 % in the case of LDC’s)
Are workings or processings in Turkey beyond insufficient workings and processings?
YES
NO
originating in Turkey
Is value added in Turkey the highest one compared to the value of the materials
originating in each of the contracting parties?YES originating in Turkey
The country of which the materials with highest value are originating in
NO
TPS-OIC Rules of OriginIf only the materials originating in the contracting
parties are used in the production
TPS-OIC Rules of OriginChapter II
Cumulation
PAKISTAN
TURKEYFABRICTPS-OIC
Certificate of Origin
SHIRTTPS-OIC
Certificate of Origin
TPS-OIC Rules of Origin
Article 7 deems some operations as insufficient to confer origin even if cumulation is applied between parties or value added criterion is met:
Chapter IIMinimal Operations
(Insufficient Working or Processings)
Packing, simple mixing, bottling, labelling, marking, sorting or grading, splitting into lots, simple assembly, washing, cleaning, ironing, etc…
- Originating materials (proof of origin bysuppliers declaration or own bookkeeping)
- Non originating materials (the customsvalue at the time of importation)
-Wages (Labour costs)
-Profits
-Overheads (e.g. administrative, selling, marketing expenses)
- Costs regarding the IPR’s
TPS-OIC Rules of OriginChapter II
Ex-Works Price
Ex-works price does not include;
-Internal taxes (repaid when the end-product is exported)
- Costs of transporting the end-product to the customer.
TPS-OIC Rules of OriginChapter II
Ex-Works Price
TPS-OIC Rules of Origin
Chapter IICategories of the goods
to benefit from preferences wholly produced or obtained goods,
goods of which the materials originating in other Parties used in their production,
goods have been undergone sufficient workings or processings
in the manufacturing Party,
provided that ALL conditions under Chapter II have been satisfied
TPS-OIC Rules of Origin
Article 13 - Direct Consignment
Article 14 - Exhibitions
Chapter III TERRITORIAL REQUIREMENTS
TPS-OIC Rules of Origin
Article 15 - General Requirements
Article 16 - Procedure for the Issue of
a TPS-OIC Certificate of Origin
Article 17 - Certificates of Origin Issued
Retrospectively
Article 18 - Issue of a Duplicate TPS-OIC
Certificate of Origin
Chapter IV TPS-OIC CERTIFICATE OF ORIGIN
TPS-OIC Rules of Origin
Article 19 - Issue of Certificates of Origin on
the Basis of a TPS-OIC Certificate of Origin
Issued or Made out Previously
Article 20 - Validity of TPS-OIC Certificate of
Origin
Article 21 - Submission of TPS-OIC Certificate
of Origin
Chapter IV TPS-OIC CERTIFICATE OF ORIGIN
TPS-OIC Rules of Origin
Article 22 - Importation by Instalments
Article 23 - Supporting Documents
Article 24 - Preservation of TPS-OIC
Certificate of Origin and Supporting Documents
Article 25 - Discrepancies and Formal Errors
Chapter IV TPS-OIC CERTIFICATE OF ORIGIN
TPS-OIC Rules of Origin
Article 26 - Mutual assistance
Article 27 - Verification of Certificates of
Origin
Article 28 - Dispute Settlement
Article 29 – Penalties
Article 30 – Free Zones
Chapter V ARRANGEMENTS FOR
ADMINISTRATIVE COOPERATION
TPS-OIC Rules of Origin
Article 31 - Goods in Transit and Storage
Article 32 - Amendments
Article 33 - Entry Into Force
Article 34 – Annex
Chapter VI FINAL PROVISIONS
TPS-OIC Rules of Origin
Possibility of drawback or exemption from customs duties
Prohibition clause Direct consignment rule Certification (Chapter IV) Administrative cooperation
Important Points
TPS-OIC Rules of Origin
The TPS-OIC Rules of Origin shall enter into force on the thirtieth day of the dateof receipt by the depository of instruments of ratification, acceptance or approvalby at least ten Governments of the Participating States.
Subsequent accession to this TPS-OIC Rules of Origin by any Participating State shall be effective one month after the date on which it has deposited its instrument of ratification.
Chapter VIArticle 33 - Entry into Force
TPS-OIC Rules of Origin
PRETAS has been approved
List of concessions submitted
TPS-OIC Rules of Origin have been
approved
Specimen impression of stamp used by
Turkish Customs submitted
Implementing provisions to be published
State of Play in Turkey
. Thank You .
Mr. Bülent Orhan TÜRELHead of Department for Mutual Administrative Cooperation
+90 312 449 27 30 28 23 – 24 - 75
[email protected]@[email protected]@gtb.gov.tr