Page 41 - Regional Comprehensive Economic Partnership (RCEP)

(b) the good has been transported through one or more (c) a Declaration of Origin by an exporter or producer in
Parties other than the exporting Party and the importing accordance with subparagraph 1(b) of Article 3.18
Party (hereinafter referred to as “intermediate Parties” in (Declaration of Origin), and subject to paragraphs 2 and 3,
this Article), or non-Parties, provided that the good:
based on information available that the good is originating.
(i) has not undergone any further processing in the
intermediate Parties or the non-Parties, except for 2. Australia, Brunei Darussalam, China, Indonesia, Japan, Korea,
logistics activities such as unloading, reloading, Malaysia, New Zealand, the Philippines, Singapore, Thailand,
storing, or any other operations necessary to and Viet Nam shall implement subparagraph 1(c) no later than 10
preserve it in good condition or to transport it to the years after their respective dates of entry into force of this
importing Party; and Agreement. Cambodia, Lao PDR, and Myanmar shall implement
subparagraph 1(c) no later than 20 years after their respective
(ii) remains under the control of the customs authorities dates of entry into force of this Agreement.
in the intermediate Parties or the non-Parties.
3. Notwithstanding paragraph 2, a Party may elect to seek a longer
2. Compliance with subparagraph 1(b) shall be evidenced by extension period, up to a maximum of 10 years, in which to
presenting the customs authorities of the importing Party either implement subparagraph 1(c), by notifying the Committee on
with customs documents of the intermediate Parties or the non- Goods of that decision.
Parties, or with any other appropriate documentation on request
of the customs authorities of the importing Party. 4. The Parties shall commence a review of this Article on the date of
entry into force of this Agreement for all signatory States. This
3. Appropriate documentation referred to in paragraph 2 may review will consider the introduction of Declaration of Origin by an
include commercial shipping or freight documents such as airway importer as a Proof of Origin. The Parties shall conclude the
bills, bills of lading, multimodal or combined transport documents, review within five years of the date of its commencement, unless
a copy of the original commercial invoice in respect of the good, the Parties agree otherwise.
5
financial records, a non-manipulation certificate, or other relevant
supporting documents, as may be requested by the customs 5. A Proof of Origin shall:
authorities of the importing Party.
(a) be in writing, or any other medium, including electronic

format as notified by an importing Party;
SECTION B
OPERATIONAL CERTIFICATION PROCEDURES (b) specify that the good is originating and meets the
requirements of this Chapter; and

Article 3.16: Proof of Origin (c) contain information which meets the minimum information
requirements as set out in Annex 3B (Minimum Information
1. Any of the following shall be considered as a Proof of Origin: Requirements).

(a) a Certificate of Origin issued by an issuing body in
accordance with Article 3.17 (Certificate of Origin); 5 Notwithstanding this paragraph, Japan may, from the date of the entry into force of
this Agreement for it, consider a Declaration of Origin by an importer as a Proof of
(b) a Declaration of Origin by an approved exporter in Origin in the same manner as Proof of Origin under paragraph 1. In that case, Japan
accordance with subparagraph 1(a) of Article 3.18 shall not conduct a verification process by means referred to in subparagraphs 1(b)
(Declaration of Origin); or through (d) of Article 3.24 (Verification) regarding the Declaration of Origin by the
importer. The Declaration of Origin shall only be completed by the importer where that
importer has sufficient information to prove that the good qualifies as an originating
good.

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