This led to the signing of the ASEAN Trade in Goods Agreement (ATIGA) in February 2009. RECOGNIZES the significant achievements and contribution of the existing ASEAN economic agreements and instruments in various areas in facilitating the free flow of goods in the region, including the Agreement on ASEAN Preferential Trade Arrangements (1977), the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area (1992), the ASEAN Agreement on Customs (1997), the ASEAN.
General Exceptions
2 Each Member State shall immediately publish details of the fees and charges it imposes in connection with imports or exports and shall make such information available on the Internet. g) in relation to the conservation of inexhaustible natural resources, if such measures are effective in connection with restrictions on domestic production or consumption;. h) assumed in accordance with the obligations of any intergovernmental agreement on goods which comply with the criteria submitted to the WTO and which have not been rejected by it, or which are themselves so submitted and not so rejected; i) which includes restrictions on the export of domestic materials necessary to provide substantial quantities of such materials to the domestic manufacturing industry during periods when the domestic price of such materials is below the world price as part of a government stabilization plan, provided that such restriction does not operate to increase exports or protect , provided to that domestic industry, and does not derogate from the non-discrimination provisions of this Agreement; and (j) essential to the acquisition or distribution of the Products.
Security Exceptions
4 The official notification of the intended action or measure submitted by the Member State shall include: a) a description of the activity or measure to be taken; 8 Other member states submit their comments within fifteen (15) days of notification. If a Member State does not submit comments within the prescribed period, this does not affect its right to file legal remedies in accordance with Article 88.
Confidentiality
Communications
Capacity Building
3. Except as otherwise provided in this Agreement, no Member State shall nullify or affect tariff concessions applied in accordance with the tariff schedules referred to in paragraph 5 of this Article in Annex 2. 4. Unless otherwise provided in this Agreement, no Member State shall increase an existing duty specified in the schedules established pursuant to the provisions of paragraph 2 of this Article on the importation of an originating good.
RULES OF ORIGIN
9 In the event that there is no approval or recommendation by the AFTA Council in accordance with paragraph 7 of this Article, and the applicant Member State nevertheless proceeds with the temporary modification or suspension of the concession, Member States with significant supply interests will be free to act up to thirty (30) days, but no later than ninety (90) days after the applicant Member State has effected its modification or suspension of concessions to modify or suspend substantially equivalent concessions of the applicant Member State. The Member States concerned must notify immediately. the AFTA Board of such actions. The Protocol to Provide Special Consideration for Rice and Sugar signed on 23 August 2007 forms an integral part of this Agreement.
Definitions
In the event that there is no approval or recommendation from the AFTA Council in accordance with paragraph 7 of this article, and the applicant Member State nevertheless proceeds with the modification or temporary suspension of the concession, the Member States with a significant supply interest shall be free to take action after thirty (30) days, but not later than ninety (90) days after the applicant Member State modifies or suspends the concessions, to modify or suspend substantially equivalent concessions from the applicant Member State. The Member States concerned must immediately notify the AFTA Council of such actions. For the purposes of this Chapter, the terms "goods" and "products" may be used interchangeably. f) identical and interchangeable materials are materials of the same type and commercial. quality, possessing the same technical and physical characteristics, and which, once included in the finished product, cannot be distinguished from each other for purposes of origin on the basis of any brand, etc. g) materials means any matter or substance used or consumed in the production of goods or physically incorporated into another good or subject to a process in the production of another good; h) originating goods or originating material means goods or material that qualifies as originating in accordance with the provisions of this chapter; i) packaging materials and transport containers are the goods used to protect a commodity during its transport, other than those containers or materials used for its retail sale; j) production means the methods of obtaining goods, including growing, extracting, harvesting, raising, breeding, extracting, gathering, gathering, catching, fishing, capturing, hunting, producing, producing, processing or assembling goods; and (k) Product Specific Rules means the rules that specify.
Origin Criteria
State, provided that these goods are only suitable for the recovery of raw materials; And. k) Goods obtained or produced in the exporting Member State from the products referred to in paragraphs (a) to (j) of this Article. Value of non-originating materials, parts or. i) The cif value at the time of importation of the goods or importation can be demonstrated; or. (ii) the earliest recorded price paid for the goods of undetermined origin in the territory of the Member State where the working or processing takes place;
Accumulation
4 In determining the ASEAN value content, Member States shall adhere closely to the guidelines for costing methodologies set forth in Annex 5. 6 The value of goods under this Chapter shall be determined in accordance with the provisions of Article 57.
Direct Consignment
2 A product originating in the territory of a Member State retains its original originating status when it is exported from another Member State where the operations carried out have not gone beyond those mentioned in subsection 1 of this article. 2 The following shall be deemed to have been sent directly from the exporting Member State to the importing Member State:.
De Minimis
If a good is subject to the RVC-based rule of origin, the value of the packaging and packaging material for retail sale will be taken into account in its origin assessment, where the packaging and packaging material for retail sale is considered as a whole with the good . 2 If a good is subject to the RVC-based rule of origin, the value of the accessories, parts, tools and instructional or other information material will be taken into account as the value of the original or non-originating material, as the case may be can be, in calculating the RVC of the original good.
Neutral Elements
2 If a good is subject to the RVC-based rule of origin, the value of accessories, spare parts, tools and instructional or other information material shall be taken into account as the value of the materials with or without originating status, as the case may be, in calculating RVC for the originating item. e) gloves, glasses, footwear, clothing, safety equipment and supplies. f) equipment, devices and supplies used for testing or inspecting the goods. h) any other item which is not incorporated in the item, but whose use in the production of the item can reasonably be shown to be part of that production. 1 The determination of whether identical and interchangeable materials are originating materials shall be made either by physically separating each of the materials or by using generally accepted accounting principles for inventory control applicable, or inventory management practices, in the exporting Member States.
Certificate of Origin
For the purposes of effective and uniform implementation of this chapter, a Subcommittee on Rules of Origin is established in accordance with Article 90. 3 Any new measure or change to an existing measure shall be duly notified in accordance with Article 11.
TRADE FACILITATION
Member States shall be guided by the following principles regarding trade facilitation measures and initiatives at both the ASEAN and national levels: Authorities shall endeavor to facilitate and promote effective mechanisms for exchanges with the business and trader community, including opportunities for consultation during the formulation, implementation and review of trade-related rules and procedures.
CUSTOMS
Objectives
Definitions
Scope
Member States shall endeavor to ensure that the goods declaration and its accompanying documents are filed and recorded or checked before the arrival of the goods.
Risk Management
Customs Valuation
1 Decisions on requests for repayment will be made and notified in writing to the persons concerned, without undue delay, and refunds of excess amounts will be made as soon as possible after the verification of the requests. 3 Where the guarantee has been given, it shall be discharged as soon as possible after the customs authorities are satisfied that the obligations under which the guarantee was required have been duly fulfilled.
Post Clearance Audit
1 Member States shall endeavor to introduce the program of authorized economic operators (AEO) to promote informed compliance and efficiency of customs control.
Advance Rulings
3 A Member State may reject requests for an advance decision where the additional information requested in accordance with paragraph 2(c) of this Article is not provided within a specified time. 4 Subject to paragraphs 1 and 5 of this Article and where available, each Member State shall apply a prior decision to all imports of goods described in that decision brought into its territory for three (3) years from the date of that decision, or such other period as specified in the respective laws, regulations or administrative acts of that Member State.
Temporary Admission
5 A Member State may amend or revoke a previous decision if it determines that the decision was based on an incorrect fact or law (including human error), that the information provided is incorrect or inaccurate, that there has been a change in its law pursuant to this Agreement, or however, there has been a change in the material fact or circumstances on which the judgment was based. 6 If the importer claims that the treatment granted to the imported goods should be governed by an advance decision, the customs authorities may assess whether the facts and circumstances of the import are in accordance with the facts and circumstances on which the advance decision was based.
Transparency
Enquiry Points
Consultation
Confidentiality
Review and Appeal
2 A decision on a complaint must be communicated to the complainant, and the reasons for such a decision must be given in writing. The ASEAN Directors-General of Customs, supported by Customs Working Bodies, are responsible for implementing the provisions of this Chapter and all other provisions relevant to customs in this Agreement.
Objective
Terms and Definitions
Guideline IEC 2 and ISO/IEC 17000 of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) as cited in the ASEAN Framework Agreement for Mutual Recognition Agreements and related ASEAN Sectoral Mutual Recognition Agreements.
General Provisions
3 To facilitate the free movement of goods within ASEAN, Member States shall develop and implement a marking scheme, where appropriate, for products covered under the ASEAN harmonized regulatory regimes or guidelines.
Standards
6 Member States shall ensure that: a) the amendments to the content of international standards are not prepared and adopted with a view to, or with the effect of creating, unnecessary technical barriers to trade; and. When adopting technical regulations, Member States must ensure that: a) it is not adopted with a view to, or with the effect of creating, technical barriers to trade;.
Implementation
5 The ACCSQ will undertake the necessary actions to ensure the effective implementation of the ASEAN Sectoral Mutual Recognition Agreements and the ASEAN Harmonized Regulatory Regimes. Objectives The objectives of this Chapter are: a) facilitate trade between and among Member States while protecting human, animal or plant life or health in each Member State;.
Definitions
For the effective implementation of this Chapter, an ASEAN Committee on Sanitary and Phytosanitary Measures (AC-SPS) shall be established to hold committee meetings at least once a year among Member States. 2 The functions of the AC-SPS will be to:. a) facilitate the exchange of information on matters such as the incidence of sanitary or phytosanitary incidents in the member states and non-member states, and change or introduction of sanitary and phytosanitary related regulations and standards of the member states, which may act directly or indirectly between and between affect member states;.
Equivalence
3 The exporting Member State should, as far as possible, endeavor to provide information to the importing Member State if the exporting Member State determines that an export consignment has been exported which could be associated with a significant sanitary or phytosanitary risk.
Co-operation
Each member state that is a WTO member retains its rights and obligations under Article XIX of GATT 1994, and the Agreement on Safeguards or Article 5 of the Agreement on Agriculture. 1 Member States confirm their rights and obligations in relation to each other in relation to the application of anti-dumping under Article VI of GATT 1994 and the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 as contained in Annex 1A to the WTO Agreement 2 Member States confirm their rights and obligations in relation to each other in relation to subsidies and countermeasures under Article XVI of GATT 1994 and the Agreement on Subsidies and Countermeasures as contained in Annex 1A to the WTO Agreement.
Dispute Settlement
ACT/ACB may have recourse to the mechanism provided for in the ASEAN Protocol on Enhanced Dispute Resolution. implementation of this agreement, as well as assistance in all related matters; And.
FINAL PROVISIONS
1 The annexes and appendices to this agreement form an integral part of this agreement. 2 Member States may adopt legal instruments in the future in accordance with the provisions of this Agreement. Such instruments shall, after their respective entry into force, form part of this Agreement.
Amendments
Review
Entry into Force
Reservations
Depositary
IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed the ASEAN Trade in Goods Agreement. DONE at Cha-am, Thailand, this 26th Day of February in the Year Two Thousand and Nine, in a single original copy in the English language.
TARIFF SCHEDULES
Principles to Determine Cost for Regional Value Content
Application of GAAP of the exporting country – cost information must be prepared in accordance with generally accepted accounting principles, and this includes avoiding double counting of cost items. Currency – updated cost information from existing business accounting and cost records should be used to calculate origin.
Guidelines for Costing Methodologies
Exhibitions” box must be marked (√) and the name and address of the exhibition must be indicated in box 2. 15 PARTIAL CUMULATION (PC): If the Regional Value Content of the material is less than forty percent (40%), the Certificate of Origin (Form D) must be issued for cumulation purposes, in accordance with paragraph 2 of Article 30 of the ATIGA, the "Partial Cumulation" box must be checked.
Definitions
2 The certificate of origin (form D) must include one (1) original and two (2) carbon copies (duplicate and triplicate). 2 In cases where a certificate of origin (form D) is rejected by the customs authority of the importing Member State, the relevant certificate of origin (form D) must be marked.
Retroactive Check
Verification Visit
Any suspended preferential treatment shall be restored after the written confirmation referred to in paragraph (d) that the goods can be regarded as originating goods. f) The exporter/producer shall be given thirty (30) days from receipt of the written determination to provide written comments or additional information regarding the suitability of the goods. If it is found that the goods are still not originating, the final written determination will be communicated to the issuing authority within thirty (30) days of receipt of the comments/additional information from the exporter/producer. G).
Confidentiality
The verification visit process, including the actual visit and determination of whether the goods in question are originating or not, will be conducted and its results communicated to the issuing authority within a maximum of one hundred eighty (180) days pending to the results of the verification visit, rule 18(c) on the suspension of preferential treatment will apply. For the purposes of implementing Article 32(2)(b) of this Agreement, when transport is carried out through the territory of one or more non-member States, the governmental authorities of the importing Member State shall be presented with the following:.
Exhibition Goods
The exporter has sold or transferred the goods to a consignee in the importing Member State. 2 Each Member State provides for legal sanctions for fraudulent acts related to the Certificate of Origin (Form D).
FOB Price
LIST OF AGREEMENTS REPLACED PURSUANT TO ARTICLE 91(2) OF ATIGA (APPROVED BY THE 25TH MEETING OF THE AFTA COUNCIL, AUGUST 10) The replacement of these agreements will enter into force three (3) months from the date of entry into force of the ASE Protocol to amend the Economic Agreements Relating to Trade in Goods 3 Protocol to Amend the Agreement on the ASEAN Preferential Trade Agreement 15-Dec-95 4 Protocol to Amend the Agreement on the Common Effective Preferential Tariff (CEPT).
