Non-alteration (Article 4.17)
Chapter 4 Rules of Origin and Origin Procedures Non-alteration (Article 4.17)
The A-UKFTA is designed to reflect modern trading practices, including the use of transport and distribution hubs for goods.
Goods that are transported directly between Australia and the UK retain their originating status.
For goods that are transported through other countries en route to Australia or the UK, including via freeports, the goods shall retain their originating status provided that the good does not undergo further production or any other operation outside of Australia and the UK, other than unloading, reloading, separation from a bulk shipment or splitting of a consignment, storing, repacking, labelling or marking required by the importing Party or any other operation necessary to preserve it in good condition or to transport the good.
In addition, the good must not be released to free circulation into any other country besides Australia and/or the UK. ‘Free circulation’ means that the good has cleared customs, applicable duties have been paid, and the good is available for use in a domestic market.
The customs authority of the importing Party may request that the importer provides evidence of compliance with the requirements set out in Article 4.17. This evidence may include, but is not limited to, the following:
- a certificate (known as a certificate of non-manipulation) issued by the customs authorities of the country of transit:
- giving an exact description of the goods;
- stating the dates of unloading and reloading of the goods and, where applicable, the names of the ships, or the other means of transport used; and
- certifying the conditions under which the goods remained in the transit country;
- contractual transport documents such as bills of lading
- factual or concrete evidence based on the marking or numbering of packages;
- any evidence relating to the good itself; and
- any substantiating documents to the satisfaction of the customs authorities of the importing country.