Recent reports from members have indicated discrepancies in the Certificates of Origin (COO) issued by Indian authorities. These discrepancies pertain to the alignment of the COOs with the agreed text of the Australia-India Economic Cooperation and Trade Agreement (ECTA).
Freight & Trade Alliance (FTA) has been advised that some COOs issued by Indian designated authorities do not match the requirements of Article 4.15 of the Australia-India ECTA, which is concern for members who rely on these documents for claiming the preferential tariff rates available under ECTA.
Article 4.15 of ECTA provides that a Certificate of Origin must:
- be in writing or electronic format;
- be in English;
- specify that the good is originating and meets the ROO and consignment requirements of this FTA;
- contain information, as set out in Annex 4A (Minimum Information Requirements) and presented in the same format as provided for in Annex 4A (Minimum Information Requirements);
- remain valid for 12 months from the date on which it is completed or issued;
- apply to single importation of one or multiple goods provided that each good qualifies as an originating good separately in its own right; and
- bear a unique Certificate of Origin number, affixed by the issuing body or authority, as appropriate, in the exporting Party.
- bear an authorised signature and official seal of the issuing body or authority, as appropriate. The signature and seal may be applied manually or electronically.
Annex 4A each COO must contain minimum mandatory information requirements, which can be viewed at this link together with a format agreed between the Australian and India governments. https://www.abf.gov.au/free-trade-agreements/files/ECTA-rules-of-origin.pdf
Unlike a number of our other FTAs where just a list of Minimum Information Requirements is agreed, the template itself was what was agreed between the parties under ECTA. That means that the template is the prescribed format and must be used as agreed unless a change is negotiated that results in a change to the FTA. Any change like this would then require implementation just like a new or updated FTA. Changes like this cannot be implemented on a whim by one party to the agreement.
Whilst DFAT has had negotiations with India under CECA regarding updating what is currently in place, nothing has yet been agreed. As such, DFAT are consulting with the Indian government and have advised them that all COOs in the new format will need to be reissued in the agreed ECTA format in order to access the appropriate tariff concessions.
For customs brokers, this means that the new format COO being provided by some parties must not be accepted. Members who receive COOs that do not conform to the agreed format are advised to take the following steps:
- Contact the issuer of the COO immediately.
- Advise them of the discrepancy and the need for the COO to be reissued.
- Refer to the valid format as outlined in the Australia-India ECTA Annex 4A (Minimum Information Requirements).
The valid format and minimum information requirements can be found at the ABF website, under Australia-India ECTA Annex 4A (Minimum Information Requirements) at the link above.