Article
4.1:
Definitions
For the purposes of this Chapter:
(a) adjusted value means:
(i) in the
case of a good to be exported from one Party to another, the
value determined under the Customs Valuation Agreement, as
adjusted to exclude any costs, charges, or expenses incurred
for transportation, insurance, and related services incidental
to the international shipment of the good from the country of
exportation to the place of importation;(ii) in the case
of a material, the total of all prices actually paid or payable
to acquire the materials to which the transaction relates in
accordance with the Customs Valuation Agreement;
(b) Customs Valuation Agreement means the Agreement on
Implementation of Article VII of the General Agreement on
Tariffs and Trade 1994, contained in Annex 1A of the WTO
Agreement;
(c) exporter means a person who exports goods from the
exporting Party;
(d) fungible goods or materials means goods or materials
that are identical or interchangeable as result of being of the
same kind and commercial quality, possessing the same technical
and physical characteristics, and which cannot be distinguished
from one another for origin purposes by virtue of any markings
or mere visual examination;
(e) generally accepted accounting principles means the
recognised consensus or substantial authoritative support in
the territory of a Party, with respect to the recording of
revenues, expenses, costs, assets and liabilities; the
disclosure of information; and the preparation of financial
statements. These standards may encompass broad
guidelines of general application as well as detailed
standards, practices and procedures;
(f) importer means a person who imports goods into the
importing Party;
(g) indirect material means a material used in the production,
testing or inspection of a good but not physically incorporated
into the good, or a material or good used in the maintenance of
buildings or the operation of equipment associated with the
production of a good including:
(i)
fuel and energy;(ii)
tools, dyes and moulds;(iii)
spare parts and materials;(iv)
lubricants, greases, compounding materials and other materials
used in production;(v)
gloves, glasses, footwear, clothing, safety equipment and
supplies;(vi)
equipment, devices and supplies used for testing or inspecting
the good;(vii)
catalysts and solvents; and(viii)
any other materials that are not incorporated into the good but
whose use in the production of the good can reasonably be
demonstrated to be a part of that production;
(h) material means any good, used or consumed in the
production of another good, and physically incorporated into or
classified with that good;
(i) originating material means a material that qualifies as
originating in accordance with the relevant provisions of this
Chapter;
(j) preferential tariff treatment means the rate of customs
duties applicable to an originating good of the exporting Party
in accordance with Annex 3-B; and
(k) producer means a person who engages in the production of
goods or materials.
Article 4.2: Originating Goods
For the purposes of this Agreement, a good is an
originating good of a Party and, subject to Article 4.18,
eligible for a preferential tariff, if it:
(a)
is a wholly obtained good of a Party;
(b) is produced
entirely in the territory of a Partyexclusively from
originating materials;
(c) satisfies all
applicable requirements of Annex 4-C, as a result of processes
performed entirely in the territory of one or both of the
Parties by one or more producers; or
(d)
otherwise qualifies as an originating good under this
Chapter;
and meets all other applicable requirements of this
Chapter.
Article
4.3:
Wholly Obtained Goods
For the purposes of Article 4.2, a wholly obtained good of a
Party means:
(a) mineral and
other naturally occurring goods extracted in or from the
territory of a Party;
(b) vegetable
goods4-[4], as such goods are defined in the Harmonized System,
harvested, picked or gathered in the territory of a Party;
(c)
live animals born and raised in the territory of a Party;
(d)
goods obtained from live animals in the territory of a
Party;
(e) goods obtained
from hunting, trapping, fishing, gathering, capturing or
aquaculture conducted in the territory of a Party;
(f) goods
(fish, shellfish and other marine life) taken from the high
seas by vessels registered or recorded with a Party and flying
its flag;
(g) goods obtained
or produced on board factory ships registered or recorded with
a Party and flying its flag, from the goods referred to in
subparagraph (f);
(h) goods taken by
a Party or a person of a Party from the seabed or beneath the
seabed outside the territorial sea, provided that a Party has a
right to exploit such seabed in accordance with international
law;
(i)
waste and scrap derived from:(i)
production in the territory of a Party; or(ii)
used goods collected in the territory of a Party;
provided that such goods are fit only for the recovery of
raw materials; and
(j) goods
produced or obtained entirely in the territory of a Party
exclusively from goods referred to in subparagraphs (a) to
(i).
Article
4.4:
Cumulation
A good which is an originating good of a Party pursuant to
Article 4.2 and is used in the production of a good or goods in
the territory of the other Party shall be considered to
originate in the territory of that other Party.
Article
4.5:
De Minimis
1. A good
that does not satisfy a change in tariff classification
requirement pursuant to Annex 4-C is nonetheless an originating
good if:
(a) the value of
all non-originating materials used in the production of the
good that do not undergo the required change in tariff
classification does not exceed 10 per cent of the adjusted
value of the good (as calculated in accordance with Article
4.12); and(b)
the good meets all other applicable criteria of this
Chapter.
2. The value
of such non-originating materials shall, however, be included
in the value of non-originating materials for any applicable
regional value content requirement for the good.
Article
4.6:
Accessories, Spare Parts and Tools
1. For the
purposes of determining the origin of a good, accessories,
spare parts, tools and instructional or other information
resources presented with the good shall be considered
originating goods, and shall be disregarded in determining
whether all the non-originating materials used in the
production of the originating good have undergone the
applicable change in tariff classification or production
process requirement.
2. If the
good is subject to a regional value content requirement, the
value of the accessories, spare parts, tools and instructional
or other information resources presented with the good is to be
taken into account as originating or non-originating, as the
case may be, in calculating the regional value content of the
good.
3.
Paragraph 1 and 2 shall only apply provided that:
(a) the
accessories, spare parts, tools and instructional or other
information resources presented with the good are not invoiced
separately from the good; and(b) the quantities
and value of the accessories, spare parts, tools and
instructional or other information resources presented with the
good are customary for that good.
4. Where
accessories, spare parts and tools are not customary for the
good or are invoiced separately from the good, they shall be
treated as separate goods for the purpose of origin
determination.
Article
4.7:
Fungible Goods and Materials
1. The
determination of whether fungible goods or materials are
originating goods shall be made either by physical segregation
of each of the materials, or through the use of an inventory
management method recognised in the generally accepted
accounting principles of the Party in which the production is
performed or otherwise accepted by that Party.
2. A Party
shall provide that an inventory management method selected
under paragraph 1 for particular fungible goods or materials
shall continue to be used for those fungible goods or materials
throughout its fiscal year.
Article
4.8:
Packaging Materials and Containers
1.
Packaging materials and containers for transportation and
shipment of a good shall not be taken into account in
determining the origin of any good.
2.
Packaging materials and containers in which a good is packaged
for retail sale, when classified together with that good, shall
not be taken into account in determining whether all of the
non-originating materials used in the production of the good
have met the applicable change in tariff classification or
production process requirements as set out in Annex 4-C.
3. If a good
is subject to a regional value content requirement then the
value of the packaging materials in which the good is packaged
for retail sale shall be taken into account as originating or
non-originating materials, as the case may be, in calculating
the regional value content of the good.
4. Where the
quantity or value of the packaging materials is not reasonable
for the good, its value shall not be included as originating in
a regional value content calculation for the good.
Article
4.9:
Sets or Composite Goods
1. A set put
up for retail sale or composite good that is classifiable
pursuant to Rule 3 of the General Rules for the Interpretation
of the Harmonized System, shall be considered as originating,
provided that:
(a)
all the component goods are originating; or(b) the value of
the non-originating component goods does not exceed 25 per cent
of the total adjusted value (as calculated in accordance with
Article 4.12) of the good put up in a set for retail sale or
composite good.
2. The
origin of packaging materials and containers for a set put up
for retail sale or composite good shall be determined in
accordance with Article 4.8.
3. This
Article shall not apply to a set put up for retail sale or
composite good for which the Harmonized System provides a
specific description.
Article
4.10:
Indirect Material
An indirect material shall be treated as an originating
material without regard to where it is produced.
Article
4.11:
Regional Value Content
For the purposes of Article 4.2 where Annex 4-C requires a
good to meet a regional value content requirement, the regional
value content of that good shall be calculated using the
following method:
|
Build-down Method RVC |
= |
AV - VNM |
x 100 |
where:
RVC is the regional value content of the good, expressed as
a percentage;
AV is the adjusted value as defined in Article 4.1(a),
and
VNM is the value of non-originating materials that are
acquired and used by the producer in the production of the
good. VNM includes material of undetermined origin but
does not include the value of a material that is
self-produced.
Article 4.12: Calculation of the Value of Non-Originating
Material
1. Each
Party shall provide that the value of a non-originating
material is:
(a) for a material
imported by the producer of the good, the adjusted value of the
material, adjusted by deducting the following costs and
expenses:(i) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within the Party's territory to the location of the producer;
(ii) duties, taxes, and customs brokerage fees on the material paid in the territory of the Party, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable;
(iii) if the good is imported from the other Party, the cost of waste and spoilage resulting from the use of the material in the production of the good in the territory of that Party;
(iv) if the good is imported from the other Party, the cost of processing incurred in the territory of that Party in the production of the non-originating material;
(v) if the good is imported from the other Party, the cost of originating materials used or consumed in the production of the non-originating material in the territory of that Party; and
(b) for a material
acquired in the territory where the good is produced, the
adjusted value of the material, adjusted by deducting the
following costs and expenses:(i) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within the Party's territory to the location of the producer;
(ii) duties, taxes, and customs brokerage fees on the material paid in the territory of the Party, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable;
(iii) the cost of waste and spoilage resulting from the use of the material in the production of the good in the territory of the Party;
(iv) the cost of processing incurred in the territory of the Party in the production of the non-originating material; and
(v) the cost of originating materials used or consumed in the production of the non-originating material in the territory of the Party.
2. Where the
cost or expense of a deduction listed in paragraph 1(a) or 1(b)
is unknown or documentary evidence of the amount of the
deduction is not available, then no deduction is allowable for
that particular cost.
Article
4.13:
Non-Qualifying Operations
1. A good
shall not be considered to be an originating good of the
exporting Party merely by reason of:
(a) operations to
ensure the preservation of products in good condition for the
purpose of storage during transport;(b)
changes of packaging and breaking up and assembly of
packages;(c)
disassembly;(d)
placing in bottles, cases, boxes and other simple packaging
operations;(e)
mere making-up of sets of articles; or(f) any
combination of operations referred to in subparagraphs (a) to
(e).
2.
Paragraph 1 shall prevail over the product specific rules set
out in Annex 4-C.
Article
4.14: Recording of
Costs
For the purposes of this Chapter, all costs shall be
recorded and maintained in accordance with the generally
accepted accounting principles applicable in the territory of
the Party in which the good is producedor manufactured.
Article
4.15: Third Country
Transhipment
1. A good
shall continue to be considered an originating good provided
that the good undergoes no subsequent production or any other
operation outside the territories of the Parties, other than
unloading, reloading, storing, repacking, relabelling or any
other necessary operations to preserve it in good condition or
to transport the good to the territory of a Party.
2.
Notwithstanding paragraph 1, an originating good of a Party
imported into the other Party after an exhibition in a
non-Party shall continue to qualify as an originating good.
3. To ensure
compliance with paragraphs 1 or 2, the Customs Administration
of the importing Party may request documents, including customs
documents of the third country, or any other documents,
including transport documents.
Article
4.16:
Certificate of Origin
1. A claim
that a good should be treated as originating and accepted as
eligible for a preferential tariff shall be supported by a
Certificate of Origin.
2. The
Certificate of Origin shall be completed by the exporter.
The Certificate of Origin shall contain a set of minimum
requirements as detailed in Annex 4-A and shall:
(a) specify that
the goods enumerated therein are the origin of the exporting
Party and meet the terms of this Chapter;(b) be made in
respect of one or more goods and may include a variety of
goods; and(c)
be completed in English or Spanish.
3. An
example of a Certificate of Origin in English and Spanish is
provided in Annex 4-B.
4. The
Certificate of Origin shall remain valid for a period of one
year from the date the document was issued.
5. If the
exporter is not the producer of the good referred to in the
Certificate of Origin, that exporter may complete and sign the
Certificate of Origin on the basis of:
(a) the
exporter's knowledge that the good qualifies as an
originating good; or(b) a
producer's written declaration or statement that the good
qualifies as an originating good of a Party.
6. Nothing
in paragraph 5(b) shall be construed to require a producer who
is not the exporter of the good to make a written declaration
or statement that the good qualifies as an originating good of
a Party.
Article
4.17: Exceptions from Certificate of Origin
Notwithstanding paragraph 1 of Article 4.16, the Customs
Administration of the importing Party shall not require a
Certificate of Origin from importers when:
(a) the total
customs value of the originating goods does not exceed 1000
United States dollars or the equivalent amount in that
Party's currency, or such higher amount as the Party may
establish; or(b) the Customs
Administration of the importing Party has waived the
requirement for evidence,
provided that the importation does not form part of one or
more importations that may reasonably be considered to have
been undertaken or arranged for the purpose of avoiding the
requirements of this Chapter.
Article
4.18: Claim for
Preferential Tariff Treatment
1. Subject
toArticle 4.24, the Customs Administration of the importing
Partyshall grant preferential tariff treatment to a good
imported into its territory from the other Party,provided that
the importer:
(a) makes a
Customs Import Declaration that the good qualifies as an
originating good of the exporting Party;(b)
complies with Article 4.15; and(c) submits the
Certificate of Origin and, where appropriate, other evidence to
substantiate the tariff preference claimed for the good upon
request.
2. Where an
importer has reason to believe that the Certificate of Origin
contains incorrect information, the importer should promptly
make a corrected declaration and pay any owed duties.
Article
4.19:
Customs Duty Refund
If at the time of importation of a good the importer does
not claim or is unable to claim preferential tariff treatment,
the importer may within one year from the date of importation,
or within a longer period if provided for by a Party in its
domestic legislation, apply for a refund of any excess customs
duty paid on production of:
(a) a Certificate
of Origin and, where appropriate, other evidence that the good
qualifies as an originating good; and
(b) other
documentation relating to the importation of the good as the
Customs Administration of the importing Party may require.
Article
4.20: Records
1. Each
Party shall require that:
(a) an exporter or
producer shall maintain, for five years from the date of
theCertificate of Origin, all records relating to the origin of
a good for which preferential tariff treatment is claimed in
the importing Party, including the Certificate of Origin
relevant to the good, or a copy thereof; and(b) an importer
claiming preferential tariff treatment shall maintain, for five
years after the date of importation of a good, all records
relating to the importation of the good, including the
Certificate of Origin relevant to the good, or a copy thereof
in accordance with the laws, regulations and practices of the
relevant Party.
2. The
records to be maintained pursuant to this Article and Article
4.21 shall include electronic records. Any such records
in electronic form shall be maintained in accordance with the
laws, regulations and practices of the relevant Party.
Article
4.21: Obligations Regarding Exportation
1. Where the
exporter becomes aware that it has provided an erroneous or
false Certificate of Origin or any other such erroneous or
false evidence, the exporter shall endeavour to give notice as
soon as possible to the Customs Administration of the importing
and exporting Party, as well as the importer, of any change
that would affect the accuracy or validity of a Certificate of
Origin.
2. The
exporter that has provided a Certificate of Origin shall
provide a copy of this document to the exporting Party's
Customs Administration upon request.
3. Each
Party shall, to the extent permitted by its laws, regulations
and practices, maintain penalties for false Certificates of
Origin or documentation related to the origin of a good
submitted to a Customs Administration by an exporter in its
territory.
Article
4.22:
Origin Verification
1. The
Customs Administration of the importing Party may verify the
eligibility of a good for preferential tariff treatment in
accordance with its laws, regulations and practices.
2. If the
Customs Administration of the importing Party has reasonable
doubts as to the authenticity or accuracy of the information
included in the Certificate of Origin it may:
(a)
institute measures to establish the validity of the Certificate
of Origin;(b) issue written
requests for information to the relevant importers of the good
for which preferential tariff treatment was claimed; and(c) issue written
requests for information to the exporter in the exporting Party
on the basis of a Certificate of Origin.
3. A request
for information in accordance with subparagraph 2(c) shall not
preclude the use of the verification method provided for in
Article 4.23.
4. The
Customs Administration of the importing Party shall complete
any action to verify eligibility for preferential tariff
treatment within 90 days from the commencement of such action,
and make a decision and provide written advice as to whether
the good is eligible for preferential tariff treatment to all
relevant parties within 30 days.
Article
4.23:
Verification Visit
1. The
Customs Administration of the importing Party may request the
exporter to:
(a) permit the
Customs Administration to visit the exporter's factory or
premises;(b) arrange a
visit to the factory or premises of the producer, if the
exporter is not the producer; and(c)
provide information relating to the origin of the good.
2. The
Customs Administration of the importing Party shall issue a
written communication with such a request to the exporter in
advance of the proposed date of the visit.
3. The
Customs Administration of the importing Party shall not visit
the factory or premises of any exporter or producer in the
territory of the exporting Party without written prior consent
from the exporter or producer.
4. The above
written communication shall at a minimum include:
(a)
the identity of the Customs Administration issuing the
request;(b) the name of
the exporter of the good in the exporting Party to whom the
request is addressed;(c)
the date the written request is made;(d)
the proposed date and place of the visit;(e) the objective
and scope of the proposed visit, including specific reference
to the good subject of the verification referred to in the
Certificate of Origin; and(f) the
names and titles of the officials of the Customs Administration
of the importing Party who will participate in the visit.
5. The
Customs Administration of the importing Party shall notify the
Customs Administration of the exporting Party when it initiates
a verification action under this Article.
6. The
Customs Administration of the importing Party shall complete
any action to verify eligibility for preferential tariff
treatment within 90 days from the commencement of such action,
and make a decision and provide written advice as to whether
the good is eligible for preferential tariff treatment to all
relevant parties within 30 days.
Article
4.24: Determination of Origin and Preferential Tariff
Treatment
1. Each
Party shall provide that, when an importer in its territory
does not comply with any requirement of this Chapter and
Chapter 3 (National Treatment and Market Access for Goods), the
claimed preferential tariff treatment may be suspended or
denied for the imported good from the territory of the other
Party.
2. The
Customs Administration of the importing Party may suspend the
application of preferential tariff treatment to a good that is
the subject of an origin verification action under Article 4.22
or 4.23, for the duration of that action or any part
thereof.
3. The
Customs Administration of the importing Party may deny a claim
for preferential tariff treatment when:
(a)
the good does not qualify as an originating good; or(b) the importer
or the exporter fails to comply with any of the relevant
requirements of this Chapter.
Article
4.25: Appeal
The importing Party shall grant the right of appeal in
matters relating to eligibility for preferential tariff
treatment to an importer, exporter or producerof a good traded
or to be traded between the Parties, in accordance with its
laws and regulations and practices.
Article
4.26:
Consultation, Review and Modification
The Parties shall consult regularly to ensure that the
provisions in this Chapter are administered effectively,
uniformly and consistently in order to achieve the spirit and
objectives of this Chapter.
Article
4.27: Non-Party Invoices
The Customs Administration of the importing Party shall not
reject a Certificate of Origin only for the reason that the
invoice is issued in a non-Party.
Article
4.28:
Confidentiality
For greater certainty, the Parties confirm that Article 5.9
(Confidentiality - Customs Administration Chapter) applies to
this Chapter.
Article
4.29:
Goods in Storage
In accordance with Article 4.18 or Article 4.19, the Customs
Administration of the importing Party shall grant preferential
tariff treatment for a good which, on the date of entry into
force of this Agreement, is customs duty unpaid and stored in a
warehouse regulated by the Customs Administration,
provided:
(a)
the good satisfies all applicable requirements of this Chapter;
and
(b) the importer
submits a Certificate of Origin in accordance with this Chapter
to the Customs Administration of the importing
Party.
Minimum Requirements for a Certificate of
Origin
- Exporter name and address;
- Consignee name and address;
- Marks and numbers;
- Number and kind of packages;
- Description of goods;
- Harmonized System Code;
- The applicable rule of origin;
- Declaration certifying goods meet the applicable rule of
origin; - Name, title and signature of person completing the
Certificate of Origin; - Date of issue; and
- Number of Certificate of Origin.
Example of a Certificate of Origin
|
AUSTRALIA-CHILE FREE TRADE AGREEMENT / TRATADO DE LIBRE COMERCIO CERTIFICATE OF ORIGIN / CERTIFICADO DE ORIGEN Certificate / Certificado No. |
||||
|
1. Exporter / Exportador |
||||
|
2. Consignee / Consignatario |
||||
| 3. Marks and Numbers /
Marcas y Números |
4. Number and Kind of Packages /
Número y clase de bultos |
5. Description of Goods / Descripción de las Mercancías | 6. Rule of Origin / Regla de Origen | 7. Harmonized System Code / Clasificación Sistema Armonizado |
|
8. Remarks / Observaciones |
||||
|
9. Declaration by the exporter / Declaración del exportador: I, the undersigned, declare that the above details are true and accurate and the good(s) described above meet the condition(s) required for the issuance of this certificate / El que suscribe declara que la(s) mercancía(s) arriba descrita(s) cumple(n) la(s) condición(es) exigida(s) para la emisión del presente certificado. Country of origin / País de origen…………………………………………………. Place and date / Lugar y fecha……………………………………………………. Name / Nombre……………………………………………………………………… Title / Cargo………………………………………………………………………….. Signature / Firma…………………………………………………………………….. |
||||
AUSTRALIA-CHILE FREE TRADE AGREEMENT
CERTIFICATE OF ORIGIN INSTRUCTIONS
For purposes of obtaining preferential tariff treatment,
this document must be completed legibly and in full by the
exporter and be in the possession of the importer at the time
the Customs Import Declaration is made. Please print or
type.
Certificate No: Provide a unique number for the Certificate
of Origin.
Field 1:
State the full legal name, address (including country) and
legal tax identification number of the exporter. Legal
tax identification number is: in Australia, the Australian
Business Number; in Chile, the Unique Tax Number ("Rol
Unico Tributario").
Field 2:
State the full legal name, address (including country) of the
consignee.
Field 3: Marks
and numbers on the packages.
Field 4: Number
and kind of packages.
Field 5:
Provide a full description of each good. The description
should be sufficient to relate it to the invoice description
and to the Harmonized System (HS) description of the
good. If the Certificate of Origin covers a single
shipment of a good, include the invoice number as shown on the
commercial invoice.
Field 6: For
each good described in Field 5, state which criterion (A to D)
is applicable. The rules of origin are contained in
Chapter 4 and Annex 4-C of the Agreement. NOTE: Indicate
at least one of the preference criteria below.
Preference Criteria:
A
The good is a wholly obtained good of a Party.
B
The good is produced entirely in the territory of the Party
exclusively from originating material.
C
Satisfies all applicable requirements of Annex 4-C (Rules of
Origin Schedule), as a result of processes performed entirely
in the territory of one or both of the Parties by one or more
producers.
D
Otherwise qualifies as an originating good under the Rules of
Origin Chapter.
Field 7: For each good described in
Field 5 identify the HS tariff classification to 6 digits.
Field 8: Remarks. For example, if a good
is invoiced by a non-Party operator, indicate "Invoice by
a non-Party".
Field 9: This field must be
completed, signed and dated by the exporter. The date
must be the date the Certificate of Origin was completed and
signed. Title refers to the title or position within the
company of the person who completes and signs the certificate
of origin.
Rules of Origin Schedule
Headnotes to the Schedule
1. The
following definitions apply:
(a) Subheading means the first six digits in the tariff
classification number under the Harmonized System;(b) Heading means the first four digits in the tariff classification number
under the Harmonized System; and(c) Chapter means the first two digits in the tariff
classification number under the Harmonized System.
2. The
specific rule, or specific set of rules, that applies to a
particular heading (4-digit code) or subheading (6-digit code)
is set out immediately adjacent to the heading or
subheading.
3. A
requirement of a change in tariff classification applies only
to non-originating materials.
4. When a
heading or subheading is subject to alternative specific rules
of origin, the rule will be considered to be met if a good
satisfies one of the alternatives.
5. Where a
specific rule of origin is defined using the criterion of a
change in tariff classification, and the rule is written to
exclude tariff provisions at the level of a chapter, heading or
subheading of the Harmonized System, each Party shall construe
the rule of origin to require that materials classified in
those excluded provisions be originating for the good to
qualify as originating.
6.
Chapter notes within this Schedule apply to all headings or
subheadings within the indicated chapter or group of chapters
unless there exists a specific exclusion.
Minister Alejandro Foxley
Ministry of Foreign Affairs
Teatinos 180
Santiago
Chile
Dear Minister Foxley
In connection with the signing on this date of the
Australia-Chile Free Trade Agreement (the
"Agreement"), I have the honour to confirm the
following understanding reached by the Governments of Australia
and the Republic of Chile regarding Chapter 4 (Rules of
Origin).
For the purposes of Chapter 4, an agent of an exporter may
complete, sign and date a Certificate of Origin.
I have the honour to propose that this letter and your
letter in reply confirming that your Government shares this
understanding shall constitute an integral part of the
Agreement.
Yours sincerely
Simon Crean
Minister for Trade
The Honourable Simon Crean MP
Minister for Trade
Parliament House
Canberra ACT 2600
Dear Minister Crean
I have the honour to acknowledge receipt of your letter of
this date, which reads as follows:
"In connection with the signing on this date of the
Australia-Chile Free Trade Agreement (the
"Agreement"), I have the honour to confirm the
following understanding reached by the Governments of Australia
and the Republic of Chile Regarding Chapter 4 (Rules of
Origin).
For the purposes of Chapter 4, an agent of an exporter may
complete, sign and date a Certificate of Origin.
I have the honour to propose that this letter and your
letter in reply confirming that your Government shares this
understanding shall constitute an integral part of the
Agreement."
I have the further honour to confirm that my Government
shares this understanding and that your letter and this letter
in reply shall constitute an integral part of the
Australia-Chile Free Trade Agreement.
Yours sincerely,
Alejandro Foxley Rioseco
Minister for Foreign Affairs
4-[4] The definition of
"vegetable products" in the Harmonized Commodity
Description and Coding System shall apply as the definition
of "vegetable goods" for the purposes of this
Chapter.