Malaysia legislation
Section 17
Seksyen 17
DE MINIMIS: If a good that does not undergo the required change in tariff classification does not exceed ten percent (10%) of the FOB price, in accordance with Article 33 of the ATIGA, the “De Minimis” box should be ticked (√).”; dan
P.U. (A) 118 8
(b)
dengan menggantikan Annex 8 dengan Annex yang berikut:
“ANNEX 8
OPERATIONAL CERTIFICATION PROCEDURE
FOR THE RULES OF ORIGIN UNDER CHAPTER 3
For the purposes of implementing the Rules of Origin set out in Chapter 3 of this
Agreement, the following operational procedures on the issuance and verification of the
Proof of Origin and other related administrative matters shall be observed.
Rule 1
Definitions
(a)
ASW means ASEAN Single Window as defined in Article 5(a) of the PLF;
(b)
Back-to-back Proof of Origin means a Proof of Origin issued by an intermediate exporting Member State based on one or more Proof(s) of Origin issued by the first exporting Member State;
(c)
Certified Exporter (CE) means an exporter duly authorised to make out an
Origin Declaration on the origin of a good exported;
(d)
Competent Authority means the Government authority of the exporting
Member State designated to authorise CEs;
(e)
Electronic Certificate of Origin (e-Form D) means a Certificate of Origin
(Form D) that is structured in accordance with the ATIGA e-Form D Process
Specification and Message Implementation Guideline, and is transmitted electronically between Member States via the ASW in accordance with the security provisions specified in Article 9 of the PLF;
(f)
Exporter means a natural or juridical person located in the territory of a
Member State where a good is exported from by such a person;
P.U. (A) 118 9
(g)
Importer means a natural or juridical person located in the territory of a
Member State where a good is imported into by such a person;
(h)
Issuing Authority means the Government authority of the exporting
Member State designated to issue a Certificate of Origin (Form D) and notified to all the other Member States in accordance with this Annex;
(i)
NSW means National Single Window as defined in Article 5(c) of the PLF;
(j)
Origin Declaration means a declaration on the origin of the goods exported made by a CE in accordance with Rule 12B;
(k)
PLF means the Protocol on the Legal Framework to Implement the ASEAN Single
Window signed on 4 September 2015 in Ha Noi, Viet Nam;
(l)
Producer means a natural or juridical person who carries out production, as set out in Article 25(j) of this Agreement, in the territory of a Member State; and
(m)
Proof of Origin means a document which certifies that the goods exported meets the rules of origin provisions set out in Chapter 3 of this Agreement.
Rule 1A
Proof of Origin
Proof of Origin may be in the form of:
(a)
Certificate of Origin (Form D);
(b)
Electronic Certificate of Origin (e-Form D); or
(c)
Origin Declaration.
P.U. (A) 118 10
Rule 2
Specimen Signatures and Official Seals of the Issuing Authority and
ASEAN-wide Self-Certification Database