Wto Origin Agreement

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In addition, the new WTO Trade Facilitation Agreement also contains new benchmarks for customs aspects of the implementation of rules of origin. Thus, the article of this agreement provides that each member “appropriately and over time renders a preliminary decision on the origin of the goods to the applicant who has submitted a written application containing all the necessary information.” [27] (i) minimum percentage of value added for finished products (construction or direct verification): Manufacturing or processing operations in the country of origin must reach a certain level, i.e. the percentage of the value they add to the final products must correspond to or exceed a certain threshold for the end to be able to obtain its origin. This test requires consideration between the value of the content created at the regional or local level and the value of the final product. As a result, the rigour of the rules of origin would increase with the threshold of regional or national content. For example, a rule that imposes 40% regional value content will be stricter than a rule that requires 35%. In the WTO, non-preferential rules of origin are no more harmonised than in free trade agreements. Despite considerable efforts, the work programme for the harmonization of non-preferential rules of origin has not yet made significant progress, meaning that there are still no common rules for non-preferential purposes in the WTO. During the so-called “transitional period”, the formulation and implementation of non-preferential rules are literally left to the discretion of Members. [11] The only difference with preferential rules of origin is that non-preferential rules of origin are more restrictive in WTO agreements, including the Rules of Origin Agreement and the Trade Facilitation Agreement. [12] With respect to certification, a distributor must know whether or not self-certification is authorized by the trade agreement under which it invokes preferences. Where possible, the professional (either the producer, exporter or, in some cases, the importer) must fill out the mailing information only in a mandatory form (if any) and declare that the products listed in it meet original and other requirements. However, if self-certification is not permitted, a professional must request proof of origin issued by a certification authority that is normally the Chamber of Commerce or an agency of the Ministry of Commerce.

To obtain such a document, the exporter or manufacturer presents various documents relating to the manufacture or manufacture of the products. The competent authority reviews the files and becomes aware of an applicant`s premise in order to verify and certify, if necessary, that the products meet the original criteria of the previous trade agreement. [23] The original agreement is intended to harmonize non-preferential rules of origin and to ensure that these rules do not themselves create unnecessary barriers to trade. The agreement contains a work programme for the harmonization of rules of origin to be applied after the World Trade Organization (WTO) enters into force in cooperation with the World Customs Organization (WHO). Proof of origin must be attached to a shipment in order to receive, for the most part, preferential treatment. The most popular form of proof of origin required in most trade agreements is a certificate of origin. There are also other forms of evidence of origin. B, for example, a statement of origin or a declaration of origin. Many agreements offer value thresholds below which proof of origin can be waived.

Recognising that transparency of rules of origin laws, regulations and practices is desirable; (j) any administrative action they take with respect to the determination of origin may be reviewed without delay by courts or judicial, arbitration or administrative proceedings, regardless of the authority that makes the decision, which may result in an amendment or annulment of the finding; The following WTO members currently apply rules