Regional Comprehensive Economic Partnership Agreement (RCEP) on Superphysics

Product-specific Rules

Tue, 29 Nov 2022 00:00:00 +0000

Headnotes to the Annex

Pursuant to Article 3.2 (Originating Goods), this Annex sets out the conditions required for a good to be treated as an originating good.
For greater certainty, the origin criteria of “wholly obtained or produced in a Party” and “produced in a Party exclusively from originating materials from one or more of the Parties”, as provided in subparagraphs (a) and (b) of Article 3.2 (Originating Goods), apply to all tariff lines.

Minimum Information Requirements

Sun, 27 Nov 2022 00:00:00 +0000

Certificate of Origin

(a) exporter’s name and address
(b) producer’s name and address, if known
(c) importer’s or consignee’s name and address
(d) description of the goods and the HS Code of the goods (six-digit level)
(e) Certificate of Origin number
(f) origin conferring criterion
(g) declaration by the exporter or producer
(h) certification by the issuing body that the goods specified in the Certificate of Origin meet all the relevant requirements of Chapter 3 (Rules of Origin) based on the evidence provided with the authorised signature and official seal of the issuing body

(i) RCEP country of origin referred to in Article 2.6 (Tariff Differentials); (j) details to identify the consignment such as invoice number, departure date, vessel name or aircraft flight number, and port of discharge; (k) FOB value, if the regional value content origin conferring criterion is used; (l) quantity of the goods; (m) in the case of a back-to-back Certificate of Origin, original Proof of Origin reference number, date of issuance, RCEP country of origin of the first exporting Party, and, if applicable, approved exporter authorisation code of the first exporting Party. 3B-12. Declaration of Origin (a) exporter’s name and address; (b) producer’s name and address, if known; (c) importer’s or consignee’s name and address; (d) description of the goods and the HS Code of the goods (six

Time To Implement The Commitments

Sun, 27 Nov 2022 00:00:00 +0000

Brunei Darussalam

Initial Provisions And General Definitions

Wed, 29 Dec 2021 00:00:00 +0000

Article 1.1: Establishment of the Regional Comprehensive Economic Partnership as a Free Trade Area

The Parties, consistent with Article XXIV of GATT 1994 and Article V of GATS, hereby establish the Regional Comprehensive Economic Partnership as a free trade area in accordance with the provisions of this Agreement.

Trade in Goods

Sat, 25 Dec 2021 00:00:00 +0000

SECTION A: General Provisions And Market Access For Goods

Article 2.1: Definitions

(a) consular transactions means any requirements that goods of a Party intended for export to the territory of another Party must first be submitted to the supervision of the consul of the importing Party in the territory of the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shippers’ export declarations, or any other customs documentation required on or in connection with importation;

Non-tariff Measures

Thu, 23 Dec 2021 00:00:00 +0000

Article 2.16: Application of Non-Tariff Measures

A Party shall not adopt or maintain any non-tariff measure on the importation of any good of another Party or on the exportation of any good destined for the territory of another Party, except in accordance with its rights and obligations under the WTO Agreement or this Agreement.

Operational Certification Procedures

Tue, 21 Dec 2021 00:00:00 +0000

Article 3.16: Proof of Origin

Any of the following shall be considered as a Proof of Origin:

(a) a Certificate of Origin issued by an issuing body in accordance with Article 3.17 (Certificate of Origin)
(b) a Declaration of Origin by an approved exporter in accordance with subparagraph 1(a) of Article 3.18 (Declaration of Origin); or
c) a Declaration of Origin by an exporter or producer in accordance with subparagraph 1(b) of Article 3.18 (Declaration of Origin), and subject to paragraphs 2 and 3, based on information available that the good is originating.

Australia, Brunei, China, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Viet Nam shall implement subparagraph 1(c) no later than 10 years after their respective dates of entry into force of this Agreement. Cambodia, Lao PDR, and Myanmar shall implement subparagraph 1(c) no later than 20 years after their respective dates of entry into force of this Agreement.

Trade In Services

Wed, 15 Dec 2021 00:00:00 +0000

Article 8.1: Definitions

For the purposes of this Chapter:

(a) aircraft repair and maintenance services means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and does not include so-called line maintenance;
(b) commercial presence means any type of business or professional establishment, including through:
- (i) the constitution, acquisition, or maintenance of ajuridical person; or
- (ii) the creation or maintenance of a branch or a representative office, within the territory of a Party for the purpose of supplying a service;
(c) computer reservation system services means services provided by computerised systems that contain information about air carriers’ schedules, availability, fares, and fare rules, through which reservations can be made or tickets may be issued;
(d) juridical person means any entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or government-owned, including any corporation, trust, partnership, joint venture, sole proprietorship, or association
(e) juridical person of a Party means a juridical person which is either:
- (i) constituted or otherwise organised under the law of that Party, and is engaged in substantive business operations in the territory of that Party or any other Party; or
- ii)
(f) in the case of the supply of a service through commercial presence, owned or controlled by: (g) (A) natural persons of that Party; or (B) juridical persons of that Party identified under subparagraph (e)(i); For Thailand and Viet Nam, a juridical person is: (i) owned by persons of a Party if more than 50 per cent of the equity interest in it is beneficially owned by persons of that Party; (ii) controlled by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; (iii) affiliated with another person when it controls, or is controlled by, that other person, or when it and the other person are both controlled by the same person; measures by a Party affecting trade in services includes measures in respect of:

(i) the purchase or use of, or payment for, a service;

General Provisions And Exceptions

Mon, 13 Dec 2021 00:00:00 +0000

Article 17.1: Definition

For the purposes of this Chapter, administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:

Institutional Provisions

Fri, 10 Dec 2021 00:00:00 +0000

Article 18.1: Meetings of the RCEP Ministers

The RCEP Ministers shall meet within 1 year of the date of entry and every year thereafter unless the Parties agree otherwise, to consider any matter relating to RCEP
The RCEP Ministers shall take decisions on any matter by consensus.

Article 18.2: Establishment of the RCEP Joint Committee

The Parties hereby establish an RCEP Joint Committee consisting of senior officials designated by each Party.

Definitions

Tue, 07 Dec 2021 00:00:00 +0000

Article 19.1: Definitions

(a) ‘Complaining Party’ is any Party or Parties that requests consultations pursuant to paragraph 1 of Article 19.6 (Consultations)
(b) ‘Parties to the dispute’ means the Complaining Party and the Responding Party (c) Party to the dispute means the Complaining Party or the Responding Party; (d) Responding Party means any Party to which the request for consultations is made pursuant to paragraph 1 of Article 19.6 (Consultations); (e) Rules of Procedures means the Rules of Procedures for Panel Proceedings adopted by the RCEP Joint Committee; and (f) Third Party means any Party that makes a notification pursuant to paragraph 2 of Article 19.10 (Third Parties).

Article 19.2: Objective The objective of this Chapter is to provide effective, efficient, and transparent rules and procedures for settlement of disputes arising under this Agreement.

Final Provisions

Sat, 04 Dec 2021 00:00:00 +0000

Article 20.1: Annexes, Appendices, and Footnotes

The Annexes, Appendices, and footnotes to this Agreement shall constitute an integral part of this Agreement.

Article 20.2: Relation to Other Agreements

Recognising the Parties’ intention for this Agreement to coexist with their existing international agreements, each Party affirms:

(a) in relation to existing international agreements to which all Parties are party, including the WTO Agreement, its existing rights and obligations with respect to the other Parties

Mon, 01 Jan 0001 00:00:00 +0000

2-16CHAPTER 3 RULES OF ORIGIN SECTION A RULES OF ORIGIN Article 3.1: Definitions For the purposes of this Chapter: (a) aquaculture means the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates, and aquatic plants from seed stock such as eggs, fry, fingerlings, and larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators; (b) CIF value means the value of the imported good, inclusive of the cost of insurance and freight up to the port or place of entry into the country of importation; (c) competent authority means the government authority or authorities designated by a Party and notified to the other Parties; (d) customs authority means a customs authority as defined in subparagraph (a) of Article 4.1 (Definitions); (e) FOB value means the value of the good free on board, inclusive of the cost of transport (regardless of the mode of transport) to the port or site of final shipment abroad; (f) fungible goods or materials means goods or materials that are interchangeable for commercial purposes, whose properties are essentially identical; (g) Generally Accepted Accounting Principles means those principles recognised by consensus or with substantial authoritative support in 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 principles may encompass 3-1broad guidelines of general application as well as detailed standards, practices, and procedures; (h) good means any merchandise, product, article, or material; (i) issuing body means an entity designated or authorised by a Party to issue a Certificate of Origin and notified to the other Parties in accordance with this Chapter; (j) material means a good that is used in the production of another good; (k) non-originating good or non-originating material means a good or material which does not qualify as originating in accordance with this Chapter; (l) originating good or originating material means a good or material which qualifies as originating in accordance with this Chapter; (m) producer means a person who engages in the production of goods; and (n) production means methods of obtaining goods including growing, mining, harvesting, farming, raising, breeding, extracting, gathering, collecting, capturing, fishing, aquaculture, trapping, hunting, manufacturing, producing, processing, or assembling. Article 3.2: Originating Goods For the purposes of this Agreement, a good shall be treated as an originating good if it is: (a) wholly obtained or produced in a Party as provided in Article 3.3 (Goods Wholly Obtained or Produced); (b) produced in a Party exclusively from originating materials from one or more of the Parties; or (c) produced in a Party using non-originating materials, provided the good satisfies the applicable requirements set out in Annex 3A (Product-Specific Rules), 3-2and meets all other applicable requirements of this Chapter. Article 3.3: Goods Wholly Obtained or Produced For the purposes of Article 3.2 (Originating Goods), the following goods shall be considered as wholly obtained or produced in a Party: (a) plants and plant goods, including fruit, flowers, vegetables, trees, seaweed, fungi, and live plants, grown and harvested, picked, or gathered there; (b) live animals born and raised there; (c) goods obtained from live animals raised there; (d) goods obtained by hunting, trapping, fishing, farming, aquaculture, gathering, or capturing conducted there; (e) minerals and other naturally occurring substances, not included in subparagraphs (a) through (d), extracted or taken from its soil, waters, seabed, or subsoil beneath the seabed; (f) goods of sea-fishing and other marine life taken by vessels of that Party 1 , and other goods taken by that Party or a person of that Party, from the waters, seabed, or subsoil beneath the seabed outside the territorial sea of the Parties and non-Parties, in accordance with international law, provided that, in case of goods of sea-fishing and other marine life taken from the exclusive economic zone of any Party or non-Party, that Party or person of that Party has 1 For the purposes of this Article, “factory ships of that Party” or “vessels of that Party” respectively, means factory ships or vessels: (a) which are registered in that Party; and (b) which are entitled to fly the flag of that Party. Notwithstanding the preceding sentence, any factory ship or vessel operating within the exclusive economic zone of Australia that meets the definition of “Australian boat” under the Fisheries Management Act 1991 (Commonwealth), as amended from time to time, or any successor legislation, shall be considered to be a factory ship or vessel of Australia respectively. For greater certainty, when such a factory ship or vessel is operating outside of the exclusive economic zone of Australia, the requirements of subparagraphs (a) and (b) of this footnote shall apply. 3-3the rights to exploit 2 such exclusive economic zone, and in case of other goods, that Party or person of that Party has rights to exploit such seabed and subsoil beneath the seabed, in accordance with international law; (g) goods of sea-fishing and other marine life taken by vessels of that Party from the high seas in accordance with international law; (h) goods processed or made on board any factory ships of that Party, exclusively from the goods referred to in subparagraph (f) or (g); (i) goods which are: (j) (i) waste and scrap derived from production or consumption there, provided that such goods are fit only for disposal, for the recovery of raw materials, or for recycling purposes; or (ii) used goods collected there, provided that such goods are fit only for disposal, for the recovery of raw materials, or for recycling purposes; and goods obtained or produced there solely from goods referred to in subparagraphs (a) through (i), or from their derivatives. Article 3.4: Cumulation