Malaysia legislation

Section 2

of PERINTAH DUTI KASTAM (BARANG-BARANG BERASAL DARI NEGERI-NEGERI ASEAN) (TATANAMA TARIF BERHARMONIS ASEAN DAN PERJANJIAN PERDAGANGAN BARANGAN ASEAN) (PINDAAN) (NO. 3) 2020

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