Frequently Asked Questions (FAQs)
Certified Exporters (CEs)
The
ASEAN-wide Self-Certification (AWSC) is a self-certification scheme for
authorised exporters. Therefore, Rule 12D (Withdrawal of the Authorisation) only
applies to the certified exporters.
Penalties
applied to importers’ abuse on OD would follow domestic laws and regulations of
each ASEAN Member State (AMS). Please contact the competent authorities of each
AMS for more details.
No,
it is not required for the importer in the importing country to have a CE
status.
Yes.
Provided that the consortium meets the criteria in Rule 12A of the Operational
Certification Procedures (OCP) for the Rules of Origin (ROO) in the ASEAN Trade
in Goods Agreement (ATIGA) and domestic criteria set by each AMS.
Competent Authorities
The
frequency of compliance audit depends on each AMS’ domestic laws and
regulations.
Yes,
a CE must register the products to the competent authorities first. A CE shall
make out ODs only for goods for which the CE has been authorised to make and
for which the CE has all appropriate documents proving the originating status
of the goods concerned. Please refer to the paragraph 4(b) of Rule 12A of the
ATIGA OCP:
“4.
A CE shall have the following obligations:
(b)
make out ODs only for goods for which the CE has been authorised to make out an
OD and for which the CE has all appropriate documents proving the originating
status of the goods concerned at the time of making out the declaration.”
Origin Declaration (OD)
As
provided for in Rule 12D of the OCP, the issuance of incorrect ODs may result
in the withdrawal of the authorisation. It shall do so where the CE no longer
offers the guarantees referred to in Rule 12A (1), no longer fulfils the
conditions referred to in Rule 12A (2) or otherwise abuses the authorisation.
The additional penalties are provided in the AMS’ laws and regulations. Please
contact the competent authority of each AMS for more details.
Please
refer to paragraphs 3 and 4 of Rules 13 of the ATIGA OCP as follows:
“3.
In cases when an OD is rejected by the customs authority of the importing
Member State, the subject OD shall be returned to the Competent Authority
within a reasonable period not exceeding sixty (60) days. The Competent
Authority shall be duly notified of the grounds for the denial of tariff
preference.
4.
In the case where the Proof of Origin is not accepted, as stated in the
preceding paragraphs 2 and 3 of this Rule, the importing Member State should
accept and consider the clarifications made by the Issuing Authority or
Competent Authority and assess again whether or not the Proof of Origin can be
accepted for the granting of the preferential treatment. The clarifications
should be detailed and exhaustive in addressing the grounds of denial of
preference raised by the importing Member State.”
For
further details, please refer to Rules 16, 18, 19 of the ATIGA OCP.
Yes,
the CE shall present an OD which can be made on the commercial invoice or other
commercial documents (billing statement, delivery order or packing list),
provided that all information required under Attachment 1 (List of Data
requirements) of the ATIGA OCP is available in the document. Other commercial
documents may only be used if the commercial invoice is not available at the
time of export.
Indicative
Format of OD agreed by the AMS is available at:
The
OD under the AWSC Scheme can be made out on the commercial invoice or other
commercial documents (billing statement, delivery order or packing list),
provided that all information required under Attachment 1 (List of Data
requirements) of the ATIGA OCP are available in the document. Other commercial
documents may only be used if the commercial invoice is not available at the
time of export.
Indicative
Format of OD agreed by the AMS is available at:
The
OD will be accepted as long as it complies with ATIGA OCP, including the
minimum data requirement (Attachment 1 of ATIGA OCP).
The
following indicative format could be used for the OD:
Yes,
a CE may make out a Back-to-back OD as long as it follows paragraph 2 of Rule
11 (Back-to-Back Proof of Origin) of the ATIGA OCP.
The
acceptance of scanned copy of OD depends on each AMS’ domestic laws and
regulations. Some AMS require original commercial documents, including the
origin declaration, as a general rule.
Some
AMS could accept the photocopy or the scanned copy of OD as follows:
1.
Singapore accepts the photocopy or scanned copy of OD.
2.
Indonesia accepts the scanned coloured of origin declaration during pandemic
only. The coloured scanned copy of the OD must be submitted 30 days since the
submission of import declaration. Moreover, the hardcopy/original version of
origin declaration must be submitted 90 days since the submission of import
declaration, at the earliest, or 1 (one) year after the documents are made, at
the latest.
The
SCPP1 has been terminated since 20 September 2020. The exporters are able to
make out an OD under the SCPP1 until 19 September 2020. The ODs under SCPP1 are
valid for one (1) year from the date of issuance. Thus, an OD made out on 19
September 2020 is still valid until 18 September 2021.
No.
CEs may choose to use AWSC OD, paper-based Form D, or e-Form D or even all of
them.
Yes,
the CEs are allowed to choose whether to use the e-Form D, the paper-based Form
D, or the Origin Declaration under the AWSC Scheme.
It
is allowed to choose either the 6-digit HS Codes or 8-digit AHTN Codes provided
that those codes on the Origin Declaration are consistent with what registered
under the AWSC CE Database system.
Authorised Signatories
Freight
forwarders or customs agents, if nominated by the CEs, are able to represent
the CE as authorised signatories, subject to each AMS’ domestic laws and
regulations.
General Questions
20
September 2020.
Yes,
Indonesia, Lao PDR, Malaysia, Singapore, and Thailand organised AWSC national
workshops. For the other AMS, please contact the competent authorities in your
country or the focal points of the SC-AROO for more information.
A
timeline has been provided in the ATIGA OCP which includes:
• An Origin Declaration shall be valid
12 months from the date of its issuance;
• A rejected Origin Declaration should
be returned to Competent Authority of the exporting party no later than 60
days;
• A six-month timeframe for retroactive
check; and
• A six-month timeframe for verification visit.
Each
AMS may have its own timeline for granting the CE status. Please contact the
respective ministries, agencies, or the competent authorities for more details.