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Home / International аgreements / On ratification of the Agreement on a Harmonized System for Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union

On ratification of the Agreement on a Harmonized System for Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On ratification of the Agreement on a Harmonized System for Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated March 26, 2026 No. 272-VIII SAM

To ratify the Agreement on the Harmonized System of Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union, signed in Moscow on December 4, 2023.

 

President of the Republic of Kazakhstan

K. TOKAEV

 

Agreement on a harmonized system for Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union

     The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

     Based on the Treaty on the Eurasian Economic Union of May 29, 2014 and the Treaty on the Customs Code of the Eurasian Economic Union of April 11, 2017,

     Recognizing the need to improve and develop the system of proof of origin used in the Member States,

     based on the principles of transparency and non-discrimination of participants in foreign trade activities,

     Striving to ensure the application of uniform approaches in the field of determining, certifying and confirming the origin of goods exported from the customs territory of the Eurasian Economic Union (hereinafter - the Union),

     guided by generally accepted rules of international trade,

     have agreed on the following:

Article 1

General provisions

     In order to ensure the uniformity of approaches to determining, certifying and confirming the origin of goods when they are exported from the customs territory of the Union, a harmonized system for determining the origin of goods exported from the customs territory of the Union is used.

Article 2

Definitions

     For the purposes of this Agreement, concepts are used that mean the following::

     "verification" is the establishment of the authenticity of the certificate of origin of the goods and (or) the reliability of the information contained in the document on the origin of the goods.;

     "verification body" - the body of the Member state authorized in accordance with the legislation of the Member state to carry out verification;

     "declaration of origin of goods" is a commercial or any other document related to goods exported from the customs territory of the Union and containing information about the origin of the goods declared by the manufacturer, seller or sender of the Member state in connection with its export from the customs territory of the Union.;

     "document of origin of goods" - a declaration of the origin of goods or a certificate of the origin of goods;

     "determination of the origin of goods" is a set of actions performed by a person who has the right to own, use and (or) dispose of goods, or an authorized body in order to establish the origin of goods exported from the customs territory of the Union, and as a result of which such person or authorized body recognizes the goods originating from a specific country or recognizes that The origin of such a product cannot be determined;

     "rules for determining the origin of goods" - a set of rules establishing the procedure and criteria for determining the origin of goods, requirements for documentary evidence of the origin of goods, as well as other provisions related to the origin of goods exported from the customs territory of the Union;

     "certificate of origin of goods" is a document of the prescribed form certifying the origin of goods exported from the customs territory of the Union and issued by an authorized body;

     "third country" - a country that is not a member of the Union (a group of countries, or a customs union of countries, or a region or part of a country, if there is a need to separate them for the purpose of determining the origin of goods);

     "certificate of origin of goods" - actions that are performed by an authorized body in order to certify the origin of goods based on the results of determining the origin of goods and the result of which is the issuance of a certificate of origin of goods;

     "authorized body" means a state body or organization of a Member State authorized, in accordance with the legislation of the Member State, to issue certificates of origin of goods.

     Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014 and the Treaty on the Customs Code of the Eurasian Economic Union of April 11, 2017.

Article 3

Rules for determining the origin of goods exported from the customs territory of the Union

     1. If it is necessary to confirm the origin of goods exported from the customs territory of the Union, as part of their importation into the territory of a third country, the determination of the origin of such goods is carried out according to the rules established by an international treaty of the Union with such a third party, an international treaty of a member State with such a third party, an international treaty to which all member States are parties, or legislation such a third country.

     In the absence of rules for determining the origin of goods specified in the first paragraph of this paragraph, or the absence of information on such rules at the disposal of the authorized body or person responsible for determining the origin of goods exported from the customs territory of the Union, the determination of the origin of goods is carried out in accordance with the criteria for determining the origin of goods established by Article 5 of this Agreement.

     2. If it is necessary for the customs authorities of the Member States to confirm the origin of goods exported from the customs territory of the Union, as part of their export from the customs territory of the Union in accordance with paragraph 1 of Article 4 of this Agreement, the origin of such goods shall be determined according to special rules established by the Eurasian Economic Commission (hereinafter referred to as the Commission).

Article 4

Confirmation of the origin of goods exported from the customs territory of the Union within the framework of their export from the customs territory of the Union and ensuring compliance with certain regulatory measures

     1. The origin of goods exported from the customs territory of the Union within the framework of their export from the customs territory of the Union is confirmed in cases where the application of export customs duties and non-tariff regulatory measures (hereinafter referred to as separate regulatory measures) depends on the origin of the goods, taking into account paragraphs 2 and 3 of Article 29 of the Customs Code of the Eurasian Economic Union.

     For the purposes of applying this article, only the following non-tariff regulatory measures introduced unilaterally by the member States in accordance with Article 47 of the Treaty on the Eurasian Economic Union of May 29, 2014 are considered:

     ban on the export of goods;

     quantitative restrictions on the export of goods;

     the permissive procedure for the export of goods.

     2. Confirmation of the origin of goods in accordance with paragraph 1 of this article is necessary only for goods subject to separate regulatory measures and similar goods and only during the period of validity of such separate regulatory measures.

     At the same time, similar goods are goods classified by the same code of the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union and having the same description as goods for which separate regulatory measures are established due to the origin of the goods.

     Confirmation of the origin of goods in accordance with paragraph 1 of this Article is not required for goods classified in groups 27 and 29 of the unified Commodity Nomenclature of foreign Economic Activity of the Eurasian Economic Union.

     3. A Member State introducing a separate regulatory measure shall notify the Commission in advance, but not later than 3 calendar days before the date of its introduction, of the introduction of such measure, the goods to which it applies, and the period of its validity. A copy of the regulatory legal act of the Member State, according to which a separate regulatory measure is introduced, is attached to the notification. Russian Russian translation of the normative legal act is also attached to the notification if the normative legal act is drawn up in a language other than Russian.

     4. The Commission shall maintain a single register of individual regulatory measures and ensure that it is posted on the official website of the Union on the Internet information and telecommunications network (hereinafter referred to as the Internet). The form of the specified register is approved by the Commission.

     The Commission, on the basis of the notification provided for in paragraph 3 of this Article, no later than 1 business day following the day of receipt of such notification.:

     ensures the updating of the unified register of individual regulatory measures, as well as the publication of relevant information on the official website of the Union on the Internet.;

     notifies in writing the state authorities of the Member States authorized to interact with the Commission, the authorized and customs authorities of the Member States on the introduction of a separate regulatory measure, the goods to which it applies, and the period of its validity.

     5. The provisions of this article shall not affect the rights and obligations related to the confirmation of the origin of goods exported from the customs territory of the Union within the framework of their importation into the territory of a third country established by an international treaty of the Union with such a third party, an international treaty of a member State with such a third party, an international treaty to which all Member States are parties.members, or the legislation of such third country.

     6. The provisions of this article shall not affect the rights and obligations related to the confirmation of the origin of goods exported from the customs territory of the Union as part of their importation into the territory of a third country in the case established by the second paragraph of paragraph 1 of Article 3 of this Agreement.

Article 5

Criteria for determining the origin of goods

     1. When determining the origin of goods in the case specified in the second paragraph of paragraph 1 of Article 3 of this Agreement, goods originating from the country are recognized as goods meeting the criteria established by this article.

     2. Goods that are fully received (fully produced) in the country are recognized:

     1) minerals, mineral products and other natural resources extracted from the bowels of a country, on its territory, in its territorial sea (other body of water of the country) or from its bottom or from atmospheric air on the territory of such country;

     2) products of plant origin grown and (or) harvested in the country;

     3) live animals born and/or raised in the country;

     4) products obtained in the country from live animals;

     5) products obtained as a result of hunting and fishing in the country;

     6) marine fishing products and other marine fishing products obtained (caught) outside the territorial sea (waters) of the country by a vessel registered and flying the flag of the country;

     7) products obtained or produced exclusively from the products specified in subparagraph 6 of this paragraph on board a processing vessel registered and flying the flag of the country;

     8) products obtained from the seabed or from the marine subsoil outside the territorial sea (waters) of the country, provided that the country has the exclusive rights to develop the resources of this seabed or these marine subsoil;

     9) waste and scrap (secondary raw materials) obtained as a result of production or other processing or consumption operations in the country;

     10) used products collected in the country, which can no longer perform their original function and are suitable only for recycling and (or) processing into raw materials.;

     11) high-tech products obtained in outer space on spacecraft registered in the country (including those leased by it);

     12) electric, thermal and other types of energy produced on the territory of the country;

     13) goods produced in the country exclusively from the products specified in subitems 1-12 of this paragraph.

     3. Goods produced using goods originating from Member States and (or) third countries, or goods whose origin is unknown (hereinafter referred to as non-originating goods), are recognized as originating from the Member State in whose territory such goods underwent the last processing or processing involving operations other than those specified in paragraph 4. this article.

     4. Goods produced using non-originating goods shall not be recognized as originating from a Member State if only the following operations have been carried out with respect to such non-originating goods that do not affect the origin of the goods:

     1) operations to ensure the safety of goods during storage and (or) transportation;

     2) operations on preparation of goods for sale and transportation (crushing of batches, formation of shipments, sorting, repacking), operations on disassembly and assembly of packaging;

     3) Washing, cleaning, dust removal;

     4) sieving through a sieve or sieve, sorting, classifying, selecting, selecting (including making sets of products);

     5) simple assembly operations (the implementation of which does not require special skills, machines, apparatuses or other equipment designed to carry out such operations) or disassembly of goods into parts;

     6) a combination of two or more operations specified in subitems 1-5 of this paragraph.

     5. When determining the origin of goods, the origin of the following materials, which can be used in production and are not included in the composition of the goods, is not taken into account.:

     1) fuel, electric, thermal and other types of energy;

     2) Tools, dies and molds;

     3) spare parts and materials used in the maintenance of equipment and buildings;

     4) lubricants, additives and other materials used in the production or operation of equipment and buildings;

     5) Gloves, glasses, shoes, clothing, safety equipment;

     6) equipment, devices used for testing or verifying goods;

     7) Catalysts and solvents;

     8) any other materials that are not included in the product, but the use of which in its production can be represented as part of the production process.

     6. Devices, accessories, spare parts, tools and information materials intended for use with machines, equipment, apparatuses or vehicles are considered to originate from the same country as machines, equipment, apparatuses or vehicles if such devices, accessories, spare parts, tools and information materials are exported and used. together with the specified machines, equipment, apparatuses or vehicles in a complete set and in quantity, which are usually supplied with these devices in accordance with the technical documentation.

     7. Packages and containers supplied with the goods contained in them are considered to originate from the same country as the goods themselves, except in cases where such packages and containers, in accordance with the Basic Rules of Interpretation of the Commodity Nomenclature of Foreign Economic Activity, must be classified separately from the goods. In this case, the origin of the packaging and packaging is determined separately from the origin of the goods.

     8. If the application of the criteria for determining the origin of goods established by this article does not allow determining the origin of the goods, their origin is considered unknown. In this case, the authorized body, in accordance with the legislation of the member State, has the right to issue a document confirming the impossibility of determining the origin of the goods.

Article 6

Authorized bodies

     1. The Member State determines the authorized bodies.

     The following information is submitted to the Commission by the authorized bodies:

     name of the authorized body;

     address (location) of the authorized body;

     the address of the authorized body's official website on the Internet;

     contact phone numbers and e-mail address of the authorized body.

     The specified information is subject to publication on the official website of the Union on the Internet.

     2. In case of changes in information about authorized bodies, the relevant information is sent by these authorized bodies to the Commission no later than 30 calendar days from the date of entry into force of such changes.

     The Commission ensures that information about the authorized bodies is updated on the official website of the Union on the Internet.

     3. Certificates of origin of goods are issued by authorized bodies in accordance with the Procedure set out in Annex No. 1 to this Agreement, unless otherwise established by an international treaty of the Union with a third party, an international treaty of the Member States with a third party, an international treaty to which all Member States are parties, Commission decisions or legislation of a third country, to the territory where the goods are supposed to be imported.

     4. In order to simplify customs operations, support exports and facilitate access to the market of a third country for goods originating from member States and exported from the customs territory of the Union, authorized bodies create electronic verification systems. The electronic verification system should ensure that the competent State authority of a third country can verify that a certificate of origin has been issued, as well as that the information contained in such a certificate corresponds to the information declared during the customs declaration, based on information contained in the electronic database of certificates of origin issued in the Member State.

     5. The authorized bodies have the right to appoint an expert examination in order to determine the origin of the goods.

     6. The certification of the origin of goods, as well as the examination in order to determine the origin of goods, are carried out on a fee basis, unless otherwise established by the legislation of the Member States.

     7. Information on the cost of the certificate of origin of goods is sent by the authorized bodies to the Commission and is subject to publication on the official website of the Union on the Internet.

Article 7

Verification authorities

     1. The Member State determines the verification authority.

     The following information is submitted to the Commission by the Verifying Body:

     name of the verifying authority;

     address (location) of the verifying authority;

     the address of the official website of the verification authority on the Internet;

     contact phone numbers and e-mail address of the verifying authority;

     contact details of the structural unit of the verification authority responsible for conducting inspections.

     The specified information is subject to publication on the official website of the Union on the Internet.

     2. In case of changes in the information about the verification authorities, the relevant information is sent by these verification authorities to the Commission no later than 30 calendar days from the date of entry into force of such changes.

     The Commission ensures that information about the verification authorities is updated on the official website of the Union on the Internet.

     3. The basis for the verification body to conduct an inspection is a request from the competent state authority of a third country to conduct it.

4. The verification body carries out the verification in accordance with the legislation of its member state, including by sending requests, inspecting the manufacturer's production facilities and (or) carrying out inspections of accounting and (or) other commercial documentation of the manufacturer, seller and (or) sender of the goods.

     5. Manufacturers, sellers, senders of goods, and authorized bodies, in respect of which verification is carried out by the verification body, are required to provide, at the request of the verification body, information relevant to the verification, or to provide an explanation of the reasons why such information cannot be provided or is missing, as well as to assist the verification body in conducting the verification.

     6. Based on the results of the verification, the verifying authority prepares a conclusion on the fact and (or) legality of issuing a certificate of origin of goods or on the reliability of information stated in the declaration of origin.

     7. The conclusion of the verifying authority on the illegality of issuing a certificate of origin of goods or the unreliability of the information stated in the declaration of origin of the goods in respect of which the inspection was carried out shall entail the cancellation by the authorized body of the certificate of origin of goods or the recognition of the declaration of origin as invalid.

     8. Information on the results of the inspection is sent by the verifying authority to the competent state authority of the third country that initiated the inspection, as well as to the authorized body and (or) the person who has the right to own, use and (or) dispose of the goods in respect of which the inspection was carried out.

Article 8

Documents on the origin of the goods

     1. The declaration of origin of goods is drawn up taking into account the criteria for determining the origin of goods and the requirements for making such a declaration provided for by the rules for determining the origin of goods, in accordance with which the declaration of origin is drawn up.

     2. A certificate of origin of goods is issued by the authorized body, taking into account the criteria for determining the origin of goods and the requirements for the form and procedure for completing such a certificate, provided for by the rules for determining the origin of goods, in accordance with which a certificate of origin is issued.

     3. If a third country does not establish requirements for the form of a certificate of origin of goods, or if the authorized body does not have information on such requirements, a certificate of origin of goods is issued in accordance with Annex No. 2 to this Agreement, which is filled in in accordance with the requirements provided for in the specified annex.

     If a certificate of origin cannot be issued on the basis of the rules established by an international treaty of the Union with a third party, an international treaty of a member State with a third party, an international treaty to which all member States are parties, or the legislation of a third country, the authorized body on the basis of a request from a person and subject to compliance with the criteria for determining The origin of the goods provided for in Article 5 of this Agreement may issue the certificate of origin specified in the first paragraph of this paragraph.

     If, in order to confirm to the customs authorities of the Member States the origin of goods exported from the customs territory of the Union, as part of their export from the customs territory of the Union in accordance with the special rules established by the Commission in accordance with paragraph 2 of Article 3 of this Agreement, a certificate of origin has been issued, such a certificate of origin may be used in the cases provided for by the first paragraph of this paragraph, if necessary, confirms the origin of such goods as part of their importation into the territory of a third country., if it does not contradict the legislation of such a third country.

     4. In order to simplify the conduct of foreign economic activity and the development of paperless technologies, Member States strive to ensure the issuance of certificates of origin in electronic form, as well as to ensure the electronic format of interaction between authorized bodies and persons when obtaining certificates of origin.

Article 9

Application of the system of self-declaration of the origin of goods

     On the basis of an international agreement of the Union with a third party establishing a free trade regime, or as part of the application by a third country of a unilateral system of tariff preferences by member States or the Union, systems for self-declaration of the origin of goods may be applied.

     Through the use of such systems, persons of the Member States, in accordance with the procedure and in compliance with the conditions established by the legislation of the Member State and/or the law of the Union, are granted the right to independently determine and confirm the origin of goods for the purpose of obtaining tariff preferences in a third country.

Article 10

Liability of persons for falsification of information on the origin of goods

     1. The Member States shall apply, in accordance with their legislation, measures of administrative or other liability for intentionally stating in the declaration of origin of goods exported from the customs territory of the Union and (or) submitting to the authorized body unreliable and (or) incomplete information about the origin of goods and compliance with the criteria for determining the origin of goods.

     2. Member States shall apply, in accordance with their legislation, administrative or other liability measures against officials of authorized bodies responsible for issuing an expert examination report on the origin of goods, determining the origin of goods and (or) certifying the origin of goods exported from the customs territory of the Union, if such officials are aware that the data on the origin of the goods is falsified or unreliable.

Article 11

Transitional provisions

     1. Prior to the entry into force of an international agreement within the Union defining the specifics of the calculation and payment of export customs duties payable in accordance with the Customs Code of the Eurasian Economic Union in one member State, in respect of goods originating from another member State, in accordance with the legislation of which the rates of export customs duties are established, confirmation of the origin of goods It is not required to apply export customs duties in accordance with paragraph 1 of Article 4 of this Agreement.

     2. The authorized bodies will ensure the establishment and commissioning of the electronic verification systems specified in paragraph 4 of Article 6 of this Agreement, no later than 2 years from the date of entry into force of this Agreement.

     3. Within 3 years from the date of entry into force of this Agreement, the authorized bodies have the right to apply the forms of certificates of origin used in the Member States, made in a form different from the form of certificates of origin provided for in accordance with paragraph 3 of Article 8 of this Agreement. Filling in such forms of certificates of origin of goods is carried out taking into account the requirements provided for in Annex No. 2 to this Agreement.

     4. During the period of validity of the bilateral agreements between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of processing of hydrocarbons produced at the Karachaganak oil and gas condensate field in the Republic of Kazakhstan, when determining by the authorized bodies of the Republic of Kazakhstan the origin of goods obtained in the Russian Federation as a result of such processing, the provisions of Article 5 of this Agreement shall apply subject to the provisions of these agreements.

Article 12

Final provisions

     1. Disputes related to the interpretation and (or) application of this Agreement shall be resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

     2. By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.

     3. This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

Article 13

Entry into force of the Agreement

     This Agreement shall enter into force upon the expiration of 30 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.

     Done in Moscow on December 4, 2023, in one original copy in Russian.

     The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

 

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For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

Appendix No. 1 to the Agreement on a Harmonized System for Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union

The procedure for issuing a certificate of origin

     1. This Procedure defines the rules for issuing a certificate of origin of goods (hereinafter referred to as the certificate) by state bodies or organizations authorized in accordance with the legislation of a member state of the Eurasian Economic Union to issue it (hereinafter referred to as the authorized bodies, the member State, the Union, respectively).

     2. The certificate is issued by the authorized body on paper and (or) in electronic form.

3. Instructions (regulations) upon issuance of the certificate, it is developed and approved by the authorized body, unless otherwise established by the legislation of the Member State. The authorized body ensures the publication of the specified instructions (regulations) on its official website on the Internet information and telecommunication network.

     4. The certificate is issued by the authorized body on the basis of an application from the interested person (hereinafter referred to as the applicant), accompanied by the documents necessary to determine the origin of the goods and certify the certificate (hereinafter referred to as supporting documents).

     5. In the process of reviewing the application and supporting documents, the authorized body has the right to send its representatives to the location and/or place of production of the goods for inspection of the goods and/or familiarization with their production.

     6. The applicant is responsible for the accuracy of the information provided in the application and supporting documents.

     7. A certificate is issued for a separate batch of goods or for mass-produced goods, unless otherwise established by an international agreement of the Union with a third party, an international agreement of a member state with a third party, an international agreement to which all member States are parties, decisions of the Eurasian Economic Commission or the legislation of a third country into whose territory it is intended to import such goods. products.

     A batch of goods is defined as goods that are sent simultaneously according to one or more commodity transport documents to the address of one recipient from one sender.

     Serial production of goods is understood as the production of goods that is carried out by one manufacturer of a member State within the framework of an unchanged production process during the validity period of the certificate, unless otherwise established by an international agreement of the Union with a third party, an international agreement of a member state with a third party, an international agreement to which all member States are parties, decisions of the Eurasian Economic Commission commission or the legislation of the third country into whose territory the goods are supposed to be imported.

     8. The certificate is assigned a registration number, the order of formation of which is determined by the authorized body.

     9. A copy of the certificate and supporting documents are kept in the authorized body that issued the certificate for at least 3 years from the date of issue of the certificate.

     10. The certificate can be issued after the export of the goods on the basis of the applicant's request, supporting documents and the following documents:

     a) a copy of the customs declaration according to which the goods are placed under the customs procedure providing for their export outside the customs territory of the Union - in case of export of the goods outside the customs territory of the Union;

     b) copies of shipping or transport documents according to which the goods were transported between the territories of the Member States - in case of movement of goods between the territories of the Member States.

     11. In case of loss or damage of the certificate, the authorized body may issue a duplicate based on the applicant's request, which contains an indication of the reasons for the need to issue a duplicate certificate.

     12. The certificate may be revoked by the authorized body on the basis of information about the entry of erroneous information in the certificate or about the provision by the applicant of invalid documents and (or) false information.

     13. Instead of a certificate that has been cancelled for any reason, or if it is necessary to reissue a previously issued certificate, a new certificate in the same form may be issued based on the applicant's request.

     14. In case of export from the territory of a Member State of goods originating from a third country or from another Member State, a certificate may be issued indicating such third country or Member State as the country from which the goods originate (hereinafter referred to as the replacement certificate), subject to the following conditions:

     1) the goods have not been subjected to any operations on the territory of a Member State, with the exception of operations necessary to ensure the safety of the goods and the usual operations for preparing the goods for transportation, including batch splitting, shipment formation, sorting, packaging, repackaging and labeling;

     2) the presence of the original or a copy of one of the documents:

     in case of export from the territory of a Member State of goods originating from another Member State:

     a certificate issued by an authorized body of a Member State;

     declaration of origin issued by the manufacturer, seller or sender of the Member State;

     in case of export from the territory of a Member State of goods originating from a third country:

     a certificate issued by an authorized body of a third country from which such goods originate or from which such goods were exported to the customs territory of the Union;

     a declaration of origin issued by the manufacturer, seller or sender of a third country from which such goods originate or from which such goods were exported to the customs territory of the Union;

     a customs declaration according to which such goods are placed under a customs procedure providing for their importation into the customs territory of the Union.

     An international agreement of the Union with a third party, an international agreement of a member State with a third party, or an international agreement to which all Member States are parties may establish other conditions for issuing a replacement certificate.

     15. If a replacement certificate is issued for the purpose of controlling certain regulatory measures in the cases provided for in Article 4 of the Agreement on a Harmonized System for Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union, the issuance of such a replacement certificate is permitted subject to the conditions provided for by the special rules for determining the origin of goods established by the Eurasian Economic Commission in accordance with paragraph 2 of Article 3 the specified Agreement.

 

 

Appendix No. 2 to the Agreement on a Harmonized System for Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union

 

The form of the certificate of origin and the requirements for the certificate of origin

I. The form of the certificate of origin

     1. The form of the certificate of origin in Russian

 

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1. Shipper/Exporter (name and address)

4. № ______The certificate of origin is issued in _______________________( name of the country)To provide in _____________________( name of the country)

2. Recipient/importer (name and address)

3. Type of transport and route (as far as it is known)

5. For service marks

6. №

7. Number of seats and type of packaging

8. Product Description

9. Quantity of goods

 

 

 

 

10. The authenticator is certified on the basis of the control carried out that the applicant's declaration corresponds to reality.

11 Declaration of the applicant The undersigned declares that the above information is true, all goods originate from____________________________________( name of the country)and meet the requirements of origin established in relation to such goods

Signature Date Stamp

Signature Date Stamp

 

2. The form of the additional certificate of origin sheet in Russian

 

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ADDITIONAL CERTIFICATE SHEET №___________ about the origin of the goods

6. №

7. Number of seats and type of packaging

8. Product Description

9. Quantity of goods

 

 

 

 

10. The authenticator is certified on the basis of the control carried out that the applicant's declaration corresponds to reality.

11. Declaration of the Applicant The undersigned declares that the above information is true, all goods originate from__________________________________( name of the country)and meet the requirements of origin established in relation to such goods

Signature Date Stamp

Signature Date Stamp

 

3. The form of the certificate of origin in English

 

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1. Consignor/exporter (name and address)

4. №______________  

CERTIFICATE OF ORIGIN

Issued in _________________________(country)For submission to ________________________(country)

2. Consignee/importer (name and address)

3. Means of transport and route (as far as known)

5. For official use

6. №

7. Number and kind of packages

8. Description of goods

9. Quantity of goods

 

 

 

 

10. Certification It is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct

11. Declaration by the applicant The undersigned hereby declares that the above details are correct, that all goods are originating in_____________________________________(country)and comply with the origin requirements specified for those goods

Signature Date Stamp

Signature Date Stamp

 

4. The form of the additional certificate of origin sheet in English

 

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ADDITIONAL SHEET OF CERTIFICATE OF ORIGIN № ____________

6. №

7. Number and kind of packages

8. Description of goods

9. Quantity of goods

10. CertificationIt is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct

11. Declaration by the applicantThe undersigned hereby declares that the above details are correct, that all goods are originating in

(country)and comply with the origin requirements specified for those goods

Signature Date Stamp

Signature Date Stamp

II. Requirements for the certificate of origin

1. The certificate of origin form (hereinafter referred to as the certificate) is produced by printing on A4 paper (210 x 297 mm) using a protective pattern and other means to protect against falsification by mechanical or chemical means, in accordance with the form established by this document.

     2. The certificate must be filled in in printed form in Russian or English (with the exception of the individual designations indicated below). In exceptional cases, at the request of the applicant and if a state body or organization authorized in accordance with the legislation of a member State of the Eurasian Economic Union (hereinafter referred to as the Member State, Union) to issue certificates (hereinafter referred to as the authorized body) has such an opportunity, the certificate may be filled in in another language.

     3. Filling out the certificate on the reverse side is not allowed.

     4. The certificate must contain a unique number of the certificate form, the order of formation of which is determined by the authorized body.

     5. The certificate may contain additional information entered by the authorized body in encoded form (QR code, URL, etc.).

     6. Erasures, blots, and incomplete corrections and/or additions to the certificate are not allowed. In exceptional cases, corrections and/or additions may be made to the certificate, which are made by crossing out erroneous information and overprinting or making corrected information by hand and are certified by the signature of the official and the seal of the authorized body that issued the certificate, unless otherwise established by the legislation of the Member State.

     7. The remaining unused space in columns 6-9 of the certificate, as well as in additional sheets to it, may be crossed out in order to prevent any additional information from being entered.

     8. Compliance with the requirements of paragraphs 1, 3, 4, 6 and 7 of this document is ensured only when issuing a certificate in hard copy.

     9. The certificate is issued for a separate batch of goods or for a mass-produced product.

     10. The certificate specifies:

     1) in column 1 - the name (surname, initials) and address of the shipper (exporter).

     If the shipper and the exporter are different legal entities (individuals), it is indicated that the shipper (name (surname, initials) and address) acts "on behalf of" the exporter (name (surname, initials) and address).

     The column indicates the same names (surnames, initials) and addresses of the shipper and exporter that are contained in shipping documents related to the export of goods outside the customs territory of the Union (foreign trade agreement, invoice, etc.).

     If a certificate is issued for a mass-produced product, the name (surname, initials) and the address of the manufacturer of the product are indicated in the column.;

     2) in column 2 - the name (surname, initials) and address of the consignee (importer).

     If the consignee and the importer are different legal entities (individuals), it is indicated that the consignee (name (surname, initials) and address) acts "on behalf of" the importer (name (surname, initials) and address).

     The column indicates the same names (surnames, initials) and addresses of the consignee and importer that are contained in shipping documents related to the export of goods outside the customs territory of the Union (foreign trade agreement, invoice, etc.).

     The column may not be filled in:

     if there is no information about the recipient (importer);

     in case of registration of a certificate for a mass-produced product.

     If there is no information about the consignee (importer), an entry "by order" can also be made in the column;

     3) column 3 shows the type of transport and the route of the goods (as far as is known).

     The column may not be filled in:

     if the type of transport and the route of the product are unknown;

     in case of registration of a certificate for a mass-produced product;

     4) in column 4 - the registration number of the certificate, the full or abbreviated name of the Member State in which the certificate is issued, the full or abbreviated name of the country to which the certificate is issued.;

     5) in column 5 - special marks (if necessary).

     If a duplicate certificate is issued to replace a lost or damaged one, a "Duplicate" entry is made.

     If a certificate is issued after the goods have been shipped, an entry is made "Issued subsequently" ("Issued retroactively").

     In case of cancellation of the certificate or the need to reissue it, an entry "Issued instead" is made indicating the number and date of issue of the cancelled (reissued) certificate.

     If a certificate is issued on the basis of a document of origin issued (issued) for the goods in another Member State or in a third country (the country from which the goods originate or the country of export), an entry "Issued on the basis" is made indicating information about such document..

     In case of registration of a certificate for a mass-produced product, an entry is made in the column "Certificate for a mass-produced product before" ("Certificate for series-produced goods until") indicating the period of application of such a certificate in the format dd.mm.yy (day, month, last 2 digits of the calendar year) (for example, "Certificate for mass-produced goods until 05.05.22" ("Certificate for series-produced goods until 05.05.22")).

     The column may also contain other necessary information.;

     6) in column 6 - the serial number of the product before each product (in the case of an application for information about several products in one certificate);

     7) column 7 contains data on the number of places and the type of packaging.

     If a certificate is issued for a mass-produced product, the column is not filled in.;

     8) in column 8 - the description of the product, which allows its identification, the commercial name of the product and other information about the product.

     If there is not enough space in the certificate to describe the goods, additional sheets are used. Such additional sheets must be certified with the signature of the official and the seal of the authorized body that issued the certificate. The registration number of the certificate must be indicated on the additional sheets, to which such additional sheets are attached.

     An invoice (invoice), a specification for a contract or other shipping document containing a description of the product, allowing its identification, and other information about the product may be used as additional sheets to the certificate. Such documents must be stamped by the authorized body that issued the certificate.

     If the certificate is issued in electronic form without the original paper version of the certificate, it is allowed to depart from the requirements for certifying additional sheets (shipping documents) with the seal of the authorized body and the signature of an official of this authorized body.

     Additionally, column 8 may indicate the number and date of the invoice (invoice), specifications for the contract or other shipping document reflecting the financial and (or) quantitative parameters of the goods. If these documents are used as additional sheets to the certificate, the indication of their number and date is mandatory.

     If the certificate contains information about several goods originating from different countries, the column contains information about the origin of such goods. In this case, the entry "See box 8" ("See box 8") is made in the upper line of column 11;

     9) column 9 shows the gross and (or) net weight of the goods and (or) other quantitative characteristics of the goods.

     If a certificate is issued for a mass-produced product, the column is not filled in.;

     10) in column 10 - data on the date and place of issue of the certificate, the name and seal of the authorized body that issued the certificate, as well as the signature of the official of the specified body.

     If the print contains information about the full name of the authorized body, additional indication of such information is not required.

     The seal must have a clear impression, allowing, if necessary, identification for its authenticity.

     It is allowed to indicate the date of issue of the certificate in a way other than printed.

     The signature of an official of the authorized body is considered as additional information confirming the authenticity of the certificate.

     In case of registration of the certificate in electronic form without registration of the original certificate on paper, it is allowed to deviate from the requirements for the presence of an imprint of the seal of the authorized body and the signature of an official of this authorized body in the column.;

    11) in column 11:

     in the top line is the name of the country from which the product originates.;

     in the bottom line is the signature of the applicant (the authorized person of the applicant), the date of filling out the certificate and the seal (if any).

     It is allowed to specify the date of filling out the certificate in a way other than the printed one.

     In the case of registration of the certificate in electronic form without registration of the original certificate on paper, it is allowed to deviate from the requirements for the presence of an impression of the seal and signature of the applicant (authorized person of the applicant) in the column.

     11. If the certificate is issued for the purpose of controlling certain regulatory measures in the cases provided for in Article 4 of the Agreement on the Harmonized System of Determining the Origin of Goods Exported from the Customs Territory of the Eurasian Economic Union, the certificate shall be filled in taking into account the specifics provided for by the special rules for determining the origin of goods established by the Eurasian Economic Commission in accordance with paragraph 2 of Article 3 of the said Agreement.

 

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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