Malaysia legislation
Section 2
Seksyen 2
Perintah Duti Kastam (Barang-Barang Berasal dari Negeri-Negeri ASEAN)
(Tatanama Tarif Berharmonis ASEAN dan Perjanjian Perdagangan Barangan
ASEAN) 2017 [P.U. (A) 100/2017] dipinda dalam Jadual Pertama—
(a)
dengan menggantikan Artikel 38 dengan Artikel yang berikut:
“Article 38
Proof of Origin
A claim that a good shall be accepted as eligible for preferential tariff treatment shall be supported by a Proof of Origin in accordance with the
Operational Certification Procedures as set out in Annex 8. ”; dan
(b)
dengan menggantikan Annex 8, dengan Annex yang berikut:
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“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 the Proof 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;
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(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;
(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 12 B;
(k)
PLF means the Protocol on the Legal Framework to Implement the ASEAN
Single Window done at Ha Noi, Viet Nam on 4 September 2015;
(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);
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(b)
Electronic Certificate of Origin (e-Form D); or
(c)
Origin Declaration.
Rule 2
Specimen Signatures and Official Seals of the Issuing Authority and ASEAN-wide Self-Certification Database