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EXPORT CERTIFICATION & LICENSING REQUIREMENTS
CONTENT 1. Overview of The Trade Board Limited 2. Role and function of Trade Board Limited in Export 3. Rules of Origin & Certificates of Origin 4. Overview of Trade Agreements – 5. Application for a Certificate of Origin 6. Safeguards 7. Items Subject to Export Licening
THE TRADE BOARD LIMITED Government Agency , operating under the auspices of the Ministry of Industry, Investment and Commerce
MISSION STATEMENT The mission of the Trade Board Limited is to facilitate trade both locally and internationally by the issuance of licenses and certificates of origin consistent with Government’s policies and international agreements as well as to develop and promote a secure framework for e-transactions.
VISION To be a national focal point for support of modern commerce through trade facilitation, export enhancement and rules observance and being a repository for and disseminator of national, regional and international trade-related information.
ROLE AND FUNCTION Issuing Certificates of Origin for Jamaican products exported under various preferential trade agreements; Provide technical support in the negotiation of rules of origin under the various trade agreements.
ROLE AND FUNCTION CONT’D • Ensuring that Jamaica meets international obligations under the following: -WTO Agreement on Rules of Origin -WTO Agreement on Import Licensing
THE CERTIFICATION UNIT Designated Governmental Authority to certify and issue certificates of origin on the basis that the product qualifies or is in conformity with prescribed criteria of each trade scheme. Note that the prescribed criteria are the Rules of Origin. In order to determine if a certificate of origin can be issued a TBL certification officer would analyze the products and verify that the production processes are in conformity with the origin rules as prescribed under the agreement.
TRADE AGREEMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. Caribbean Basin Initiative (CBI) CARIBCAN Generalized System of Preferences (GSP) CARICOM/Venezuela Trade & Investment Agreement CARICOM/Colombia Trade Agreement CARICOM/Dominican Republic Trade Agreement CARICOM/Cuba Trade Agreement CARICOM/Costa Rica Caribbean Common Market (CARICOM)
TRADE AGREEMENTS The Caribbean Basin Initiative (CBI)
CBI OVERVIEW The CBI comprises the 1983/1990 Caribbean Basin Economic Recovery Act (CBERA) and the 2000 Caribbean Basin Trade Partnership Act (CBPTA). Both these pieces of US legislation allow Jamaica to ex-port nearly all products to the USA duty free. A few products are ex-empted from duty free treatment. The major goal of the CBI is to expand foreign and domestic investment in non-traditional sectors to diversify CBI economies and expanding exports.
CARIBBEAN BASIN INITIATIVE (CBI) Beneficiary Countries Antigua and Barbuda Aruba Bahamas Barbados Belize British Virgin Islands Costa Rica Dominican Republic El Salvador Guatemala Guyana Haiti Honduras Jamaica Monteserrat Netherlands Antilles Nicaragua Panama St. Kitts-Nevis St. Lucia St. Vincent Trinidad and Tobago
CBI Goods excluded from the duty provisions of the CBI Most textiles and apparel Canned tuna Petroleum and petroleum products Footwear except disposable items and footwear parts such as uppers Certain leather, rubber and plastic gloves Luggage, handbags, and flat goods Certain leather wearing apparel Watches and watch parts
TRADE AGREEMENTS CANADA-CARICOM (CARIBCAN)
CARIBCAN The 1986 Commonwealth Caribbean /Canada Trade Agreement (CARIBCAN) al-lows Jamaica to export its products to the Canadian Market duty free. There a few exempted products. This Agreement is governed by the Canadian legislation and is a non-reciprocal (one-way) arrange-ment. The objectives of CARIBCAN are to enhance Commonwealth Caribbean trade and export earnings, improve the trade and economic development prospects of the region. .
CARIBCAN Goods not included in the duty free provisions of CARIBCAN Textiles and Clothing Footwear Luggage and Handbags Leather Garments Lubricating Oils Methanol
TRADE AGREEMENTS GENERALISED SYSTEM OF PREFRENCES (GSP)
GENERALISED SYSTEM OF PREFRENCES (GSP) The GSP is a system whereby developed countries grant preferential treatment to eligible products imported from developing countries. The preference-giving country is also known as the donor country, and the preference receiving country as the beneficiary country. Generalised Scheme of Preferences(GSP) allows developing country exporters to pay less or no duties on their exports to the EU. This gives them vital access to EU markets and contributes to their economic growth.
GENERALISED SYSTEM OF PREFRENCES (GSP) Donor Countries Australia Slovak Belarus Bulgaria Canada European Union Hungary Japan New Zealand Norway Republic of Czech & Russian Federation Switzerland United States of America
THE CARICOM BILATERAL AGREEMENTS These are agreements negoti-ated between CARICOM and Venezuela; CARICOM and Colombia; CARICOM and the Dominican Republic; CARICOM and Costa Rica, and CARICOM and Cuba. Through these agreements, Jamaica has duty free access into the markets of Venezuela, Colombia, Dominican Re-public; Costa Rica and Cuba for a wide range of goods.
CARICOM-COLOMBIA TRADE, ECONOMIC AND TECHNICAL COOPERATION AGREEMENT This is a Partial Scope Agreement, which was signed on 24 July 1994 and entered into force on 1 June 1995. The Agreement provides for the More Developed Countries (MDCs) of CARICOM, such as Barbados, Guyana, Jamaica and Trinidad and Tobago, to introduce a programme to eliminate or reduce tariffs on an agreed list of products of export interest to Colombia, commencing at the beginning of the fourth year (1999) after the entry into force of the Agreement.
CARICOM/VENEZUELA CARICOM-Venezuela Free Trade Agreement - A Partial Scope Agreement - signed in October 1992 and entered into force on 1 st January 2000. This trade and investment agreement seeks to promote economic cooperation by granting duty free treatment to a selected list of goods originating in CARICOM. • It is primarily focused on trade in goods but provides for a framework for parties to work together for the promotion of services and investment. The Agreement has been fairly dormant as there have been varied technical problems affecting its implementation.
CARICOM/COSTA RICA CARICOM/Costa Rica Agreement was signed in 2004 and phased liberalization of tariffs should have been completed by 2008. Note that Jamaica has now fully implemented the Agreement.
CARICOM/DOMINICAN REPUBLIC This Free Trade Agreement was signed on the 22 nd of August 1998 and provisionally entered into force in December 2001, following the signing of the Framework Agreement, together with the Protocol implementing the Agreement on 28 th April, 2000. The FTA is based on reciprocity with the five More Developed Countries of CARICOM (MDCs), which includes Jamaica is now applying the Agreement.
CARICOM-CUBA TRADE AND ECONOMIC COOPERATION AGREEMENT This Agreement was signed in July 2000. The Agreement is only reciprocal for CARICOM MDCs. The Agreement, in addition to focus-ing on the trade in goods, also outlines an agreed timetable for negotiating a trade in services regime, the reciprocal promotion and protection of investments, and government procurement.
MINIMAL PROCESSING List on Minimal Processes Under the Origin Rules a product would be ineligible for duty free treatment if it is produced by one or more of the minimal processes. 1. Operations to ensure the preservation of goods during transport and storage 2. Simple operations consisting of sifting, sorting, washing painting etc. 3. Changes of packaging, placing in bottles or other simple packaging operations
MINIMAL PROCESSING List on Minimal Processes (continued) 4. Affixing marks, labels or other like distinguishing signs 5. Simple mixing of extra regional materials 6. Operations which consist solely of welding, soldering, fastening or putting together finished parts
SAFEGUARD MECHANISM Under the Safeguard Mechanism, the CARICOM Secretary General is authorised by the Common Market Council in the situation where there are inadequate supplies or inadequate quality of regional material, to permit producers to use extra -regional materials in production but still be eligible for Common Market treatment.
APPLICATION FOR A CERTIFICATE OF ORIGIN Goods to be exported must be analyzed by the Trade Board to determine qualification for duty free entry. Exporters are required to complete a Product Analysis Form for each product to determine the origin criterion. (Forms along with instructions for its completion are available at the offices of Trade Board Ltd as well as on our website. )
PRODUCT ANALYSIS FORM
APPLICATION PROCESS: CERTIFICATE OF ORIGIN The completed form along with supporting documents i. e. Import Entries (C 87 Forms) and supporting invoices etc. must be submitted to the Certification Unit of the Trade Board for vetting and verification. Additionally an officer will visit the production facility to verify that the production process is in conformity with the analysis submitted.
APPLICATION FOR A CERTIFICATE OF ORIGIN After verification of the analysis and examination of the production process, exporters are advised in writing whether or not the product qualifies for preferential treatment and the origin criterion if applicable. All exporters making application for a certificate of origin must be duly registered by JAMPRO.
DOCUMENTATION Certificate of Origin Commercial Invoice Certificates applicable to the various schemes CARICOM – CARICOM Certificate of Origin Caribbean Basin Initiative – GSP Form A CARIBCAN = GSP Form A Generalised System of Preferences – GSP Form A European Partnership Agreement - EUR 1
ITEMS SUBJECT TO EXPORT LICENSING
ITEMS SUBJECT TO EXPORT LICENSING
CONTACT INFORMATION Trade Board Limited 10 th Floor Air Jamaica Building 72 Harbour Street Kingston Tel: 967 -0507 Fax: 948 -7486 Email: [email protected] gov. jm Website: www. tradeboard. gov. jm