Rules for the Determination of the Origin of Goods
Rules of origin
JSC «Center for Trade Policy Development «QazTrade» analyzes national and supranational legislation in the field of determination of the origin of goods, as well as develops proposals for Kazakhstan’s position on approving the legal framework of the Eurasian Economic Commission (EEC) on determination and verification of the origin of goods regarding goods imported into the territory of the EAEU/exported from the territory of the EAEU.
According to Article 37 of the Treaty on the EAEU of May 29, 2014, uniform rules for determining the origin of goods are applied in the customs territory of the Eurasian Economic Union.
For the purposes of applying measures of customs and tariff/non-tariff regulation measures (except for the purposes of granting preferential tariff treatment), protecting the internal market, establishing requirements for labelling of origin of goods, conducting government (municipal) procurement, carrying out foreign trade statistics in goods, the Rules for Determining Origin of Goods Imported into the Customs Territory of the EAEU (non-preferential rules for determining the origin of goods), approved by the Decision of the Council of the EEC No. 49 «On Approval of the Rules for Determining the Origin of Goods Imported into the Customs Territory of the EAEU (non-preferential rules for determining the origin of goods)» of July 13, 2018, are applied.
For the purposes of granting preferential tariff treatment in respect of goods imported into the customs territory of the Union from developing or least developed countries- beneficiaries of the unified system of tariff preferences of the EAEU, the Rules for Determining the Origin of Goods from Developing and Least Developed Countries, approved by the Decision of the EEC Council No. 60 «On approval of the Rules for Determining the Origin of Goods from Developing and Least Developed Countries» of June 14, 2018, are applied.
For the purpose of granting preferential tariff treatment in respect of goods imported into the customs territory of the EAEU from countries with which the EAEU has the free trade regime, rules for determining the origin of goods set by the relevant international agreement of the EAEU with a third party, providing for the application of the free trade regime, are applied.
In the Republic of Kazakhstan, there are also the Rules for Determining the Origin of Goods, Issuing and Cancelling a Certificate of Origin of Goods, approved by the Order of the Ministry for Investment and Development of the Republic of Kazakhstan of February 24, 2015 No. 155 «On Approval of the Rules for Determining the Origin of Goods, Issuing and Cancelling a Certificate of Origin of Goods», which also regulates the issuance of the «CT-KZ» certificate of origin for domestic use.
As to the latest amendments to the EAEU’s regulatory framework on rules of origin, the paragraph 30 of the Rules for Determining the Origin of Goods from Developing and Least Developed Countries has been changed so that importers from developing and least developed countries can submit to the customs authorities of the EAEU member States an electronic or paper copy of certificate of origin, provided that they will submit the original certificate of origin by September 30, 2020, for confirming the origin of goods. This change was promptly adopted in the EAEU in the context of the spread of COVID-19 and approved by the Decision of the EEC Council No. 36 «On Amending the Rules for Determining the Origin of Goods from Developing and Least Developed Countries and on the Particularities of Submitting Certificate of Origin in the Context of the Spread of Coronavirus Infection 2019- nCov» of April 3, 2020.