30
th
June 2006
Notification No - 75/2006 - Customs (N.T.)
Rule 1: Short title and commencement . -
(1) These rules may be called the Rules of Determination of Origin of Goods under the Agreement on South Asian Free Trade
Area (SAFTA), hereinafter referred to as the "Agreement", between the Governments of SAARC (South Asian Association for
Regional Cooperation) Member States comprising the People's Republic of Bangladesh, the Kingdom of Bhutan, the Republic
of India, the Republic of Maldives, the Kingdom of Nepal, the Islamic Republic of Pakistan and the Democratic Socialist
Republic of Sri Lanka.
(2) They shall come into force on the 1
st
day of July 2006.
Rule 2: Application
These Rules shall apply to products eligible for preferential treatment under SAFTA.
Rule 3: Determination of Origin
No product shall be deemed to be the produce or manufacture of any Contracting State unless the conditions specified in
these rules are complied with in relation to such products, to the satisfaction of the designated Authority.
Rule 4: Originating products
Products covered by the Agreement imported into the territory of a Contracting State from another Contracting State which are
consigned directly within the meaning of Rule 12 hereof, shall be eligible for preferential treatment if they conform to the origin
requirement under any one of the following conditions:
(a) Products wholly produced or obtained in the territory of the exporting Contracting State as defined in Rule 5; or
(b) Products not wholly produced or obtained in the territory of the exporting Contracting Stat e provided that the said
products are eligible under Rule 6.
Rule 5: Wholly produced or obtained
Within the meaning of Rule 4(a), the following shall be considered as wholly produced or obtained in the territory of the
exporting Contracting State
(a) raw or mineral products
1
extracted from its soil, its water extending upto its Exclusive Economic Zone (EEZ), or its sea
bed extending upto its seabed or continental shelf;
(b) Agriculture, vegetable and forestry products harvested there;
(c) animals born and raised there;
(d) products obtained from animals referred to in clause (c) above;
(e) products obtained by hunting or fishing conducted there,
(f) products of sea fishing and other marine products from the high seas by its vessels
2,3
;
(g) products processed and/or made on board its factory ships exclusively from products referred to in clause (f) above
3,4
;
(h) raw materials recovered from used articles collected there;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) products taken from the seabed, ocean floor or subsoil thereof beyond the limits of national jurisdiction, provided it has
the exclusive rights to exploit that sea bed, ocean floor or subsoil thereof;
(k) goods produced there exclusively from the products referred to in clauses (a) to (j) above.
1
Includes mineral fuels, lubricants and related materials as well as mineral or metal ores.
2
"Vessels" shall refer to fishing vessels engaged in commercial fishing, registered in the country of the Contracting State and
operated by a citizen or citizens of the Contracting State or partnership, corporation or association, duly registered in such
country, at least 60 per cent of equity of which is owned by a citizen or citizens and/or Government of such Contracting State or
75 per cent by citizens and/or Governments of the Contracting States. However, the products taken from vessels, engaged in
commercial fishing under Bilateral Agreements which provide for chartering/leasing of such vessels and/or sharing of catch
between Contracting State will also be eligible for preferential treatment.
3
In respect of vessels or factory ships operated by Government agencies, the requirements of flying the flag of the Contracting
State do not apply.
4
For the purpose of this Agreement, the term "factory ship" means any vessel, as defined used for processing and/or making
on board products exclusively from those products referred to in clause (f) of Rule 6.
Rule 6: Not wholly produced or obtained
Within the meaning of Rule 4 (b), products not wholly produced or obtained shall be subject to Rule 7 and any of the conditions
prescribed under Rule 8, Rule 9 or Rule 10.
Rule 7: Non-qualifying Operations
The following shall in any event be considered as insufficient working or processing to confer the status of originating products,
whether or not there is a change of heading:
1) operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading
out, drying, chilling, placing in salt, Sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations).
2) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the
making-up of sets of articles), washing, painting, cutting up;
3) (i) changes of packing and breaking up and assembly of consignments,
(ii) simple slicing, cutting and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards, etc., and all other
simple packing operations.
4) the affixing of marks, labels or other like distinguishing signs on products of their packaging;
5) simple mixing of products, whether or not of different kinds, where one or more components of the mixture do not meet
the conditions laid down in these rules to enable them to be considered as originating products; and mere dilution with water or
another substance that does not materially alter the characteristics of the product;
6) simple assembly of parts of products to constitute a complete product;
7) a combination of two or more operations specified in (1) to (6);
Rule 8: Single Contracting State Content
(a) Products originating in the exporting Contracting State shall be considered to be sufficiently worked or processed
for the purposes of granting originating status if they fulfill the following conditions:
(i) The final product is classified in a heading at the four digit level of the Harmonized Commodity Description and
Coding System differently from those in which all the non-originating materials
5
used in its manufacture are classified and
(ii) Products worked on or processed as a result of which the total value of the materials, parts or produce originating
from other countries or of undetermined origin used does not exceed 60% of the FOB value of the products produced or
obtained and the final process of manufacture is performed within the territory of the exporting Contracting State.
(b) Notwithstanding the condition laid down in paragraph (a) of this Rule, the products listed in Annex-A shall be eligible for
preferential treatment if they comply with Rule 8 (a) or they fulfill the condition corresponding to those products as mentioned in
the Annex-A.
Rule 9: Regional Cumulation
Unless otherwise provided for, products worked on or processed in a Contracting State using the inputs originating in any
Contracting States within the meaning of Rule 4 shall be eligible for preferential treatment provided that
(a) the aggregate content (value of such inputs plus domestic value addition in further manufacture) is not less than 50
percent of the FOB value;
(b) the domestic value content (value of inputs originating in the exporting Contracting State plus domestic value
addition in further manufacture in the exporting Contracting State), is not less than 20 percent of the FOB value; and
(c) the final product satisfies the condition of
i) change in classification at the four digit level (CTH) as provided under Rule 8 (a) (i); or
5 Non-originating material means material originating from countries other than Contracting States and material of
undetermined origin.
(ii) change in classification at the six-digit level (CTSH) as agreed upon in the Product Specific Rules reflected in Rule 8 (b).
Rule 10: Special Treatment to Least Developed Contracting States
The products originating in the Least Developed Contracting States shall be allowed a favourable 10 percentage points
applied to the percentage applied in Rule 8. The products originating in Sri Lanka shall be allowed a favourable 5 percentage
points applied to the percentage applied in Rule 8.
Rule 11: Method for Valuation of non-originating materials
(a) The value of the non-originating materials, parts or produce shall be:
(i) The CIF value at the time of importation of the materials, parts or produce where this can be proven or
(ii) The earliest ascertainable price paid for the materials, parts or produce of undetermined origin in the territory of the
Contracting States where the working or processing takes place.
(b) In order to determine whether or not a product originated in the territory of a Contracting State it shall not be necessary
to establish whether the power and fuel, plant and equipment, and machines and tools used to obtain such products, originate
in third countries.
Rule 12: Direct consignment
The following shall be considered as directly consigned from the exporting Contracting State to the importing Contracting
State:
(a) if the products are transported without passing through the territory of any non-Contracting State:
(b) the products whose transport involves transit through one or more intermediate non-Contracting States with or without
transshipment or temporary storage in such countries, provided that:
(i) the transit entry is justified for geographical reason or by considerations related exclusively to transport requirements;
(ii) the products have not entered into trade or consumption there;
(iii) the products have not undergone any operation there other than unloading and reloading or any operation required to
keep them in good condition;
(iv) the products have remained under the customs control in the country of transit.
Rule 13: Treatment of packing
When determining the origin of products, packing should be considered as forming a whole with the product it contains.
However, packing may be treated separately if the national legislation so requires.
Rule 14: Procedures for Issuance and Verification of Certificate of origin
Detailed Operational Certification Procedures for implementation of these Rules of Origin are at Annex-B .
Rule 15: Prohibitions
Any Contracting State may prohibit importation of products containing any inputs originating from States with which it does not
have economic and commercial relations.
Rule 16: Consultation and Co-operation between Contracting States
(a) The Contracting States will do their best to co-operate in order to specify origin of inputs in the Certificate of origin.
(b) The Contracting States will take measures necessary to address, to investigate and, where appropriate, to take legal
and/or administrative action to prevent circumvention to these Rules through false declaration concerning country of origin or
falsification of original documents.
(c) The Contracting States will co-operate fully, consistent with their domestic laws and procedures, in instances of
circumvention or alleged circumvention of these Rules to address problems arising from circumvention including facilitation of
joint plant visits, inspection and contacts by representatives of Contracting States upon request and on a case-by-case basis.
(d) If any Contracting State believes that the rules of origin are being circumvented, it may request consultation to address
the matter or matters concerned with a view to seeking a mutually satisfactory solution. Each State will hold such consultations
promptly.
Rule 17: Review
These rules may be reviewed as and when necessary upon request of any Contracting State and may be open to such
modifications as may be agreed upon by the SAFTA Ministerial Council.
F.No.467/30/2003-Cus.V/ICD
Annex -A
PRODUCT SPECIFIC RULES
UNDER SAFTA RULES OF ORIGIN
Explanatory Notes:
1. For the purposes of Rule 8 (b) of the SAFTA Rules of Origin, the products listed under column (3) and corresponding to
heading mentioned under column (2) would be subject to Rule specified under column (4) in the following Table.
2. The term "CTH" in column (4) below shall mean that the final product is classified in a heading at the four-digit level of the
Harmonised Commodity Description and Coding System differently from those in which all the non-originating materials used
in its manufacture are classified.
3. The term "CTSH" in column (4) below shall mean that the final product is classified in a heading at the six-digit level of the
Harmonised Commodity Description and Coding System differently from those in which all the non-originating materials used
in its manufacture are classified.
4. The DVA mentioned in percentage in column (4) below shall mean the minimum value addition in the Exporting
Contracting State, calculated as per the following formula:
S.No.
HS
Heading
/Chapter
Harmonised Description
Product
Specific
Rules
(1)(2) (3) (4)
1.060499Other
CTSH &
30% DVA
2.080132Shelled Cashew nuts
CTSH &
60% DVA
3.081350Mixtures of dried fruits of this Chapter
CTSH &
60% DVA
4.150790-Other
CTSH &
30% DVA
5.150890-Other
CTSH &
30% DVA
6.150990-Other
CTSH &
30% DVA
7.151190-Other
CTSH &
30% DVA
8.151219--Other
CTSH &
30% DVA
9.151229--Other
CTSH &
30% DVA
10.151319--Other
CTSH &
30% DVA
11.151329--Other
CTSH &
30% DVA
12.160249Other, including mixtures
CTSH &
30% DVA
13.210112Preparations with a basis of extracts, essences, concentrates or with a basis of coffee
CTSH &
30% DVA
14.210120
Extracts, essences and concentrates, of tea or ate, and preparations with a basis of these
extracts, essences or concentrates or with a basis of tea or mate
CTSH &
30% DVA
15.210390Other
CTSH &
30% DVA
16.252321White cement, whether or not artificially coloured
CTSH &
30% DVA
17.252329Other:
CTSH &
30% DVA
18.252330Aluminous cement :
CTSH &
30% DVA
19.283523Of trisodium
CTSH &
30% DVA
20.441029--Other
CTSH &
30% DVA
21.441032--Surface-covered with melamine-impregnated paper
CTSH &
30% DVA
22.441033--Surface-covered with decorative laminates of plastics
CTSH &
30% DVA
23.441039--Other
CTSH &
30% DVA
24.441119Other
CTSH &
30% DVA
25.441129Other of fire board of a density exceeduing 0.5g/cm3
CTSH &
30% DVA
26.450190Other
CTSH &
30% DVA
27.481820Handkerchiefs, cleansing or facial tissues Only CTH
28.481840Sanitary towels Only CTH
29.701990Other
CTSH &
30% DVA
30.720221Ferro-silicon containing by weight more than 55 % of silicon
CTSH &
30% DVA
31.830110Padlocks
CTSH &
30% DVA
32.841011--Of a power not exceeding 1,000 kW
CTSH &
30% DVA
33.841311Pumps for dispensing fuel or lubricants, of the type used in filling-stations or in garages
CTSH &
30% DVA
34.841319Other pumps fitted or designed to be fitted with a measuring device
CTSH &
30% DVA
35.841320Hand pumps, other than those of subheading 8413.11 or 8413.19
CTSH &
30% DVA
36.841330Fuel, lubricating or cooling medium pumps for internal combustion piston engines
CTSH &
30% DVA
37.841340Concrete pumps
CTSH &
30% DVA
38.841350Other reciprocating positive displacement pumps
CTSH &
30% DVA
39.841360Other rotary positive displacement pumps
CTSH &
30% DVA
40.841370Other centrifugal pumps
CTSH &
30% DVA
41.841381Pumps
CTSH &
30% DVA
42.841382Liquid elevators
CTSH &
30% DVA
43.841410Vacuum pumps
CTSH &
30% DVA
44.841420Hand or foot-operated air pumps:
CTSH &
30% DVA
45.841430Compressors of a kind used in refrigerating equipment
CTSH &
30% DVA
46.841440Air compressors mounted on a wheeled chassis for towing:
CTSH &
30% DVA
47.841451
-- Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output
not exceeding 125W
CTSH &
30% DVA
48.841459Other:
CTSH &
30% DVA
49.841460Hoods having a maximum horizontal side not exceeding 120 cm
CTSH &
30% DVA
50.841480Other
CTSH &
30% DVA
51.841510-Window or wall types, self contained or "Split-system".
CTSH &
30% DVA
52.841520Of a kind used for persons, in motor vehicles
CTSH &
30% DVA
53.841581
Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible
heat pumps)
CTSH &
30% DVA
54.841583Not incorporating a refrigerating unit
CTSH &
30% DVA
55.841710Furnaces and ovens for the roasting, melting or other heat-treatment of ores, pyrites or of metals
CTSH &
30% DVA
56.841810Combined refrigerator-freezers, fitted Refrigerators, household type:
CTSH &
30% DVA
57.841821Compression-type
CTSH &
30% DVA
58.841822Absorption-type, electrical
CTSH &
30% DVA
59.841829Other
CTSH &
30% DVA
60.841830Freezers of the chest type, not exceeding 800 l capacity
CTSH &
30% DVA
61.841840Freezers of the upright type, not exceeding 900 L capacity:
CTSH &
30% DVA
62.841850
Other refrigerating or freezing chests, cabinets, display counters, showcases and similar
refrigerating or freezing furniture
CTSH &
30% DVA
63.841861Compression type units whose condensers are heat exchangers
CTSH &
30% DVA
64.841869Other
CTSH &
30% DVA
65.841911Instantaneous gas water heaters:
CTSH &
30% DVA
66.841919Other:
CTSH &
30% DVA
67.841931For agricultural products
CTSH &
30% DVA
68.841932For wood, paper pulp, paper or paperboard
CTSH &
30% DVA
69.841939Other
CTSH &
30% DVA
70.841940Distilling or rectifying plant:
CTSH &
30% DVA
71.841950Heat exchange units
CTSH &
30% DVA
72.841960Machinery for liqufying air or other gases, Other machinery, plant and equipment:
CTSH &
30% DVA
73.841981For making hot drinks or for cooking or heating food:
CTSH &
30% DVA
74.841989Other:
CTSH &
30% DVA
75.842010Calendering or other rolling machines
CTSH &
30% DVA
76.842111Cream separators
CTSH &
30% DVA
77.842121For filtering or purifying water
CTSH &
30% DVA
78.842122For filtering or purifying beverages other than water
CTSH &
30% DVA
79.842129Other CTSH &
30% DVA
80.842211Of the household type
CTSH &
30% DVA
81.842219Other
CTSH &
30% DVA
82.842220Machinery for cleaning or drying bottles or other containers
CTSH &
30% DVA
83.842230
Machinery for filling, closing, sealing, or labelling bottles, cans, boxes, bags or other containers;
machinery for capsuling bottles, jars, tubes and similar containers; machinery for aerating
beverages
CTSH &
30% DVA
84.842240Other packing or wrapping machinery (including heat-shrink wrapping machinery)
CTSH &
30% DVA
85.842310Personal weighing machines, including baby scales; Household scales
CTSH &
30% DVA
86.842320Scales for continuous weighing of goods on conveyors
CTSH &
30% DVA
87.842330
Constant weight scales and scales for discharging a predetermined weight of material into a bag
or container, including hopper scales Other weighing machinery:
CTSH &
30% DVA
88.842381Having a maximum weighing capacity not exceeding 30 kg
CTSH &
30% DVA
89.842382Having maximum weighing capacity exceeding 30 kg but not exceeding 5,000 kg.
CTSH &
30% DVA
90.842389Other
CTSH &
30% DVA
91.842390Weighing machine weights of all kinds; parts of weighing machinery
CTSH &
30% DVA
92.842410Fire extinguishers, whether or not charged
CTSH &
30% DVA
93.842420Spray guns and similar appliances
CTSH &
30% DVA
94.842430Steam or sand blasting machines and similar jet projecting machines
CTSH &
30% DVA
95.842481Agricultural or horticultural
CTSH &
30% DVA
96.842489Other
CTSH &
30% DVA
97.843229--Other
CTSH &
30% DVA
98.843311--Powered, with the cutting device rotating in a horizontal plane
CTSH &
30% DVA
99.843319--Other
CTSH &
30% DVA
100.843780-Other machinery
CTSH &
30% DVA
101.843880Other machinery:
CTSH &
30% DVA
102.844010Machinery
CTSH &
30% DVA
103.844110Cutting machines
CTSH &
30% DVA
104.844180Other machinery
CTSH &
30% DVA
105.844329Other
CTSH &
30% DVA
106.844340Gravure printing machinery
CTSH &
30% DVA
107.845210Sewing machines of the household type:
CTSH &
30% DVA
108.845221Automatic units:
CTSH &
30% DVA
109.845229Other
CTSH &
30% DVA
110.847110Analogue or hybrid automatic data processing machines
CTSH &
30% DVA
111.847130
Portable digital automatic data processing machines, weighing not more than 10 kg, consisting
of at least a central processing unit, a keyboard and a display
CTSH &
30% DVA
112.84714110Micro computer
CTSH &
30% DVA
113.847149Other, presented in the form Of systems
CTSH &
30% DVA
114.847150
Digital processing units other than those Of sub-headings 8471 41 or 8471 49, whether or not
containing in the same housing one or two Of the following types Of unit: storage units, input units,
output units
CTSH &
30% DVA
115.847780Other machinery
CTSH &
30% DVA
116.848180Other appliances: Taps and Cocks of Tariff heading 8481.80
CTSH &
30% DVA
117.850410-Ballasts for discharge lamps or tubes
CTSH &
30% DVA
118.850421Having a power handling capacity not exceeding 650 kVA
CTSH &
30% DVA
119.850422--Having a power handling capacity exceeding 650 kVA but not exceeding 10,000 kVA
CTSH &
30% DVA
120.850423--Having a power handling capacity exceeding 10,000 kVA
CTSH &
30% DVA
121.850431Having a power handling capacity not exceeding 1 kVA
CTSH &
30% DVA
122.850432--Having a power handling capacity exceeding 1 kVA but not exceding 16 kVA
CTSH &
30% DVA
123.850433Having a power handling capacity exceeding 16 kVA but not exceeding 500 kVA
CTSH &
30% DVA
124.850434--Having a power handling capacity exceeding 500 kVA
CTSH &
30% DVA
125.850440Static converters
CTSH &
30% DVA
126.850450-Other inductors
CTSH &
30% DVA
127.850610Manganese dioxide
CTSH &
30% DVA
128.850630Mercuric oxide
CTSH &
30% DVA
129.850640Silver oxide
CTSH &
30% DVA
130.850650Lithium
CTSH &
30% DVA
131.850660Air-zinc
CTSH &
30% DVA
132.850680Other primary cells and primary batteries
CTSH &
30% DVA
133.850710Lead-acid, of a kind used for starting piston engines
CTSH &
30% DVA
134.850720Other lead-acid accumulators
CTSH &
30% DVA
135.850730Nickel-cadmium
CTSH &
30% DVA
136.850740Nickel-iron
CTSH &
30% DVA
137.850780Other accumulators
CTSH &
30% DVA
138.851010Shavers
CTSH &
30% DVA
139.851020hair clippers
CTSH &
30% DVA
140.851030hair removing appliances
CTSH &
30% DVA
141.851310Lamps
CTSH &
30% DVA
142.851640Electric smoothing irons
CTSH &
40% DVA
143.851650Microwave oven
CTSH &
40% DVA
144.851711-- Line telephone sets with cordless handsets
CTSH &
40% DVA
145.851721Facsimile machines
CTSH &
40% DVA
146.851730telephonic aparatus CTSH &
40% DVA
147.851750Other apparatus, for carrier current line systems or for digital line systems
CTSH &
40% DVA
148.851780other apparatus
CTSH &
40% DVA
149.853921Tungsten halogen
CTSH &
40% DVA
150.853922Other, of a power not exceeding 200 W and for a voltage exceeding 100 V
CTSH &
40% DVA
151.853929Other
CTSH &
40% DVA
152.853931Fluorescent, hot cathode
CTSH &
40% DVA
153.853932Mercury or sodium vapour lamps; metal halide lamps
CTSH &
40% DVA
154.853939Other of discharged lamps, other than ultra-violet lamps
CTSH &
40% DVA
155.854011-- Cathode-day television picture tubes, including video monitor cathode-ray tubes; colour
CTSH &
40% DVA
156.854210Cards incorporating an electronic integrated circuits ("smart" cards)
CTSH &
30% DVA
157.854221Monolithic digital integrated circuits obtained by bipolar technology
CTSH &
30% DVA
158.854229Other
CTSH &
30% DVA
159.854260Hybrid integrated circuits
CTSH &
30% DVA
160.854270Electronic microassemblies
CTSH &
30% DVA
161.8903 Yachts and other vessels for pleasure
CTSH &
25% DVA
162.900311Of plastics
CTSH &
30% DVA
163.900319Of other materials
CTSH &
30% DVA
164.900911Operating by reproducing the original image directly on to copy (direct process)
CTSH &
40% DVA
165.900921other photocopying apparatus
CTSH &
40% DVA
166.901720Other drawing, markingout or mathematical calculating instruments
CTSH &
30% DVA
167.901780Other instruments
CTSH &
30% DVA
168.901831Syringes, with or without needles
CTSH &
30% DVA
169.901890Other instruments and appliances
CTSH &
30% DVA
170.902830Electricity meters:
CTSH &
30% DVA
171.903210Thermostats
CTSH &
30% DVA
172.911110Cases of precious metal or of metal clad with precious metal
CTSH &
30% DVA
173.911120Cases of base metal, whether or not gold or silver-plated
CTSH &
30% DVA
174.940330Wooden furniture of a kind used in offices
CTSH &
30% DVA
175.940340Wooden furniture of a kind used in the kitchen
CTSH &
30% DVA
176.940350Wooden furniture of a kind used in the bedroom
CTSH &
30% DVA
177.940360Other Wooden furniture
CTSH &
30% DVA
178.940540Other electric lamps and lighting fittings
CTSH &
30% DVA
179.950210-Dolls, whether or not dressed
CTSH &
30% DVA
180.960810-Ball point pens
CTSH &
30% DVA
Annex-B
OPERATIONAL CERTIFICATION PROCEDURES
FOR SOUTH ASIAN FREE TRADE AREA (SAFTA)
RULES OF ORIGIN
For the purposes of implementing the Rules of Origin as provided for in Rule 14 of SAFTA Rules of Origin, the following
operational certification procedures shall be followed:
AUTHORITY
ARTICLE 1
The Certificate of Origin shall be issued by authority designated by the Government of the exporting Contracting State
(hereinafter referred to as Issuing Authority) and notified to the other Contracting States .
ARTICLE 2
(a) Each Contracting State shall inform the other Contracting States of the names and addresses of the officials authorized to
issue the Certificate of Origin and shall provide their specimen signatures and official seals.
(b) Any change in their names, addresses, or official seals shall be promptly
notified to the other Contracting States.
ARTICLE 3
For the purpose of verifying the conditions for preferential treatment, the Issuing Authority shall have right to call for any
supporting documentary evidence or to carry out any check considered appropriate.
PRE-EXPORTATION VERIFICATION
ARTICLE 4
The Issuing Authority, upon a written request by the manufacturer and/or exporter of the products desirous for availing
preferential treatment, shall conduct pre- exportation verification of the manufacturing premise(s). The result of the verification,
subject to review periodically or whenever appropriate, shall be accepted as the supporting evidence in verifying the origin of
the said products to be exported thereafter. Pre -exportation verification may not apply to the products, origin of which, by their
nature, can be easily verified.
REQUEST FOR ISSUANCE OF CERTIFICATE OF ORIGIN
ARTICLE 5
At the time of carrying out the formalities for exporting the products under preferential treatment, the exporter or his authorized
representative shall submit the Certificate of Origin duly filled together with appropriate documents supporting that the products
to be exported qualify for the issuance of a Certificate of Origin.
PRE-EXPORTATION EXAMINATION
ARTICLE 6
The Issuing Authority shall, to the best of their competence and ability, carry out proper examination upon each application for
the Certificate of Origin to ensure that:
(a) The Certificate of Origin is duly completed and signed by the authorized signatory;
(b) The origin of the product is in conformity with the Rules of Origin of this Agreement;
(c) The other statements /entries of the Certificate of Origin correspond to supporting documentary evidence submitted;
(d) HS Code, f.o.b. value, description, quantity and weight of goods, marks, number and kinds of packages, as specified,
conform to the consignment to be exported.
ISSUANCE OF CERTIFICATE OF ORIGIN
ARTICLE 7
(a) The validity of the Certificate of Origin shall be 12 months from the date of its issuance.
(b) The Certificate of Origin must be on ISO A4 size paper in conformity to the specimen shown in Appendix-1. It shall be in
English.
(c) The Certificate of Origin shall comprise one original and one duplicate in the following colours:
Original - light orange
Duplicate - white
(d) Each Certificate of Origin shall bear a reference number given separately by each office of issuance at different places.
(e) The original shall be forwarded by the exporter to the importer for submission to the Customs Authority at the port or place
of importation. The duplicate shall be retained by the Issuing Authority of the exporting Contracting State.
(f) After issuance of the Certificate of Origin, the Issuing Authority of the exporting Contracting State shall electronically send
the information on issuance of certificate of origin on a weekly basis as per format provided in Appendix -2 to the Issuing
Authority of respective importing Contracting State.
ARTICLE 8
The Certificate of Origin issued by the Issuing Authority shall indicate the applicable Rules of Origin and the value of non-
originating material expressed as a percentage of the f.o.b. value of the products, or the sum of the aggregate content
originating in the territory of the exporting Contracting State expressed as a percentage of the f.o.b. value of the exported
product; where applicable, in Box 8.
ARTICLE 9
Neither erasures nor superimpositions shall be allowed on the Certificate of Origin. Any alteration shall be made by striking out
the erroneous entries and making any addition required. Such alterations shall be approved by an authorized signatory of the
applicant and certified by the Issuing Authority. Unused spaces shall be crossed out to prevent any subsequent addition.
ARTICLE 10
(a) The Certificate of Origin shall be issued by the relevant Issuing Authority of the exporting Contracting State at the time of
exportation, or within 3
working days from the date of shipment whenever the products to be exported can be considered originating in that
Contracting State within the meaning of the Rules of Origin of this Agreement.
(b) In exceptional cases where a Certificate of Origin has not been issued at the time of exportation or within 3 working days
from the date of shipment due to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued
retrospectively but no longer than 45 days from the date of shipment, bearing the word "ISSUED RETROSPECTIVELY" in Box
4.
ARTICLE 11
In the event of theft, loss, damage or destruction of a Certificate of Origin, the exporter may apply in writing to the Issuing
Authority, which issued it, for the certified true copy of the original to be made on the basis of the export documents in their
possession bearing the endorsement "CERTIFIED TRUE COPY" (in lieu of the Original Certificate) in Box 13. This copy shall
bear the date of the original Certificate of Origin. The certified true copy of a Certificate of Origin shall be issued within the
validity period of the original Certificate of Origin.
PRESENTATION
ARTICLE 12
The Original Certificate of Origin shall be submitted to the Customs Authority at the time of lodging the import entry for the
products concerned.
ARTICLE 13
The following time limit for the presentation of the Certificate of Origin shall be observed:
(a) Certificate of Origin shall be submitted to the Customs Authority of the importing Contracting State within its validity period;
(b) Where the Certificate of Origin is submitted to the Customs Authority of the importing Contracting State after the expiration
of the validity of the Certificate of Origin, such Certificate is still to be accepted when failure to observe the time-limit results
from force majeure or other valid causes beyond the control of the exporter; and
(c) In all cases, the relevant Government authority in the importing Contracting State may accept such Certificate of Origin
provided that the products have been imported before the expiration of the validity of the Certificate of Origin.
ARTICLE 14
The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the
documents submitted to the Customs Authority of the importing Contracting State for the purpose of carrying out the formalities
for importing the products shall not ipso-facto invalidate the Certificate
of Origin, if it does, in fact, correspond to the said products.
ARTICLE 15
(a) The importing Contracting State may request to the Issuing Authority of the exporting Contracting State for a retrospective
check at random and/or when it has reasonable doubt as to the authenticity of the document or as to the accuracy of the
information regarding the true origin of the products in question or of certain parts thereof.
(b) The request shall be accompanied with the Certificate of Origin concerned and shall specify the reasons and any
additional information suggesting that the particulars given on the said Certificate of Origin may be inaccurate, unless the
retroactive check is requested on a random basis.
(c) The Customs Authority of the importing Contracting State may suspend the provisions on preferential treatment while
awaiting the result of verification. However, without prejudice to the national legislations the competent authority of the importing
Contracting State shall not suspend the customs clearance of the consignment subject to a guarantee in any of its modalities in
order to preserve fiscal interests, as a pre-condition for completion of customs clearance.
(d) The Issuing Authority receiving a request for retrospective check shall respond within three (3) months after the receipt of
the request.
ARTICLE 16
(a) The application for Certificates of Origin and all documents related to such application shall be retained by the Issuing
Authority for not less than two (2) years from the date of issuance.
(b) Information relating to the validity of the Certificate of Origin shall be furnished upon request of the importing Contracting
State.
(c) Any information communicated among the government authorities shall be treated as confidential and shall be used only
for the validation purposes of Certificates of Origin.
SPECIAL CASES
ARTICLE 17
When destination of all or parts of the products exported to specified port is changed, before or after their arrival in the
importing Contracting State , the following procedures shall be observed:
(a) If the products have already been submitted to the Customs Authority in the specified importing port, the Certificate of
Origin shall, by a written application of the importer, be endorsed to this effect for all or parts of products by the said authority
and the original returned to the importer.
(b) If the changing of destination occurs during transportation to the importing Contracting State as specified in the Certificate
of Origin, the exporter shall apply in writing, accompanied with the issued Certificate of Origin, for the issuance of new
Certificate/s of Origin for all or parts of products.
ARTICLE 18
For the purpose of implementing Rule 12 of SAFTA Rules of Origin where transportation is effected through the territory of one
or more non-Contracting States, the following shall be produced to the Government authorities of the importing Contracting
State:
(a) A through Bill of Lading/ Airway bill or corresponding transport document issued in the exporting Contracting State ;
(b) A Certificate of Origin issued by the Issuing Authority of the exporting Contracting State;
(c) A copy of the original commercial invoice in respect of the product; and
(d) Supporting documents in evidence that the requirements of Rule 12 of SAFTA Rules of Origin are being complied with.
ARTICLE 19
(a) Products sent from one Contracting State for exhibition in another Contracting State and sold during or after the exhibition
shall benefit from the preferential tariff treatment provided in this Agreement, on the condition that the products meet the
requirements of Rule 4 of the SAFTA Rules of Origin and provided it is shown to the satisfaction of the relevant Government
authorities of the importing Contracting State that:
(i) An exporter has dispatched those products from the territory of the exporting Contracting State to the
importing Contracting State where the exhibition is held and has exhibited them there,
(ii) The exporter has sold the goods or transferred them to a consignee in the importing Contracting State; and
(iii) The products have been sold during the exhibition or immediately hereafter to the importing Contracting State
in the state in which they were sent for the exhibition.
(b) For the purpose of implementing the above provisions, the Certificate of Origin must be produced to the relevant
Government authorities of the importing Contracting State.
(c) Paragraph (a) shall apply to exhibitions, fairs or similar shows or displays where the products remain under Customs
control during these events.
ACTION AGAINST FRAUDULENT ACTS
ARTICLE 20
(a) When it is suspected that fraudulent acts in connection with the Certificate of Origin have been committed, the Issuing
Authorities concerned shall cooperate in the action to be taken in the territory of each Contracting State against the persons
involved.
(b) Each Contracting State shall be responsible for providing legal sanctions for fraudulent acts related to the Certificate of
Origin.
ARTICLE 21
In the case of a dispute concerning origin determination, classification of products or other matters, the Government authorities
concerned in the importing and exporting Contracting States shall consult each other with a view to resolving the dispute.
Appendix-I
CERTIFICATE OF ORIGIN
(SOUTH ASIAN FREE TRADE AREA)
1. Goods consigned from (exporter's
business name, address, country)
Reference No.
SOUTH ASIAN FREE TRADE
AREA
(SAFTA)
(combined declaration and
certificate)
Issued in ...............
(country)
see notes overleaf
2. Goods consigned to
(Consignee's name, address, country)
3. Means of Transport and route
(as far as known)
4. For Official use
5. HS
Code
6. Marks and numbers of packages
7. Number
and kind of
packages:
description
of goods
8. Origin
criterion
(see
notes
overleaf)
9. Gross
weight of
other
quantity
10.
Number
and date
of invoices
11.
f.o.b.
value
in
US $
12. Declaration by the exporter:
The undersigned hereby declares that
the above details and statements are
correct: that all the goods were
produced in
..............................
(country)
and that they comply with the origin
requirements specified for those goods
in SAFTA for goods exported to
.....................................
(importing country)
......................................
Place and date, signature of authorized
signatory
13. Certificate
It is hereby certified on the basis of
control carried out, that the
declaration by the exporter is correct
...................................
Place and date, signature and
Stamp of Certifying authority
I General Conditions
To qualify for preference, products must:
a) fall within a description of products eligible for preference in the schedule of concessions of SAFTA country of destination;
b) comply with SAFTA Rules of Origin. Each article in a consignment must qualify separately in its own right; and
c) comply with the consignment conditions specified by the SAFTA Rules of Origin. In general, products must be consigned
directly within the meaning of Rule 12 hereof from the country of exportation to the country of destination.
II. Entries to be made in Box 8
Preference products must be wholly produced or obtained in the exporting Contracting State in accordance with Rule 5 of the
SAFTA Rules of Origin, or where not wholly produced or obtained in the exporting Contracting States must be eligible under
Rule 6.
a) Products wholly produced or obtained; enter the letter "A" in Box 8.
b) Products not wholly produced or obtained: the entry in Box 8 should be as follows:
1. Enter letter "B" in Box 8, for products which meet the origin criteria according to Rule 8. Entry of letter would be followed
by the value of non-originating material expressed as a percentage of the f.o.b. value of the products; (example "B" 50 per
cent);
2. Enter letter "C" in Box 8 for products which meet the origin criteria according to Rule 9. Entry of letter "C" would be
followed by the sum of the aggregate content originating in the territory of the exporting Contracting State expressed as a perc
entage of the f.o.b. value of the exported product; (example "C" 60 per cent);
3. Enter letter "D" in Box 8 for products which meet the special origin criteria according to Rule 10. Entry of letter would be
followed by the value of non-originating material expressed as a percentage of the f.o.b. value of the products; (example "D" 40
per cent);
III. Entries to be made in Box 4
In case of issuance of certificates retrospectively Box 4 should bear the words "ISSUED RETROSPECTIVELY".
IV. Entries to be made in Box 13
In case of issuance of certified true copies Box 13 should bear the words "CERTIFIED TRUE COPY".
Appendix-II
Format for Exchange of Information on
Issuance of SAFTA Certificate of Origin
S. No.
Ref No.
of CO
Date of
Issue
HS CodeDescription
f.o.b. value
in US $
Remarks,
if any
