3. A Certificate of Origin in paper format shall:
(a) be on A4 size paper and be in the attached Form set out in Annex 3-B-1. For multiple items declaration, the Parties may use the attached Form set out in Annex 3-B-2 as additional pages to the Certificate of Origin;
(b) comprise one original and two copies. The original shall be forwarded by the producer or exporter to the importer for submission to the customs authority of the importing Party. The duplicate shall be retained by the issuing body of the exporting Party. The triplicate shall be retained by the producer or exporter;
(c) be completed in English and may cover one or more goods under one consignment; and
(d) be in a printed format (12) or such other medium including electronic format.
4. An Electronic Certificate of Origin means a Certificate of Origin data that is transmitted electronically between Korea and Indonesia through Electronic Origin Data Exchange System referred to in Article 3.25.
5. A Certificate of Origin shall be issued prior to or at the time of shipment, or within seven calendar days (13) after the date of shipment. In exceptional cases where a Certificate of Origin has not been issued prior to or at the time of shipment, or within seven calendar days after shipment duc to involuntary errors, omissions, or other valid causes, a Certificate of Origin may be issued retroactively but within one year from the date of shipment, bearing the words "ISSUED RETROACTIVELY."
6. The exporter applying for the issuance of a Certificate of Origin shall be prepared to submit at any time, at the request of the issuing body of the exporting Party issuing the Certificate of Origin, all appropriate documents proving the originating status of the products concerned including statements from the suppliers or producers in accordance with its domestic laws and regulations as well as the fulfillment of the other requirements of this Chapter.
7. In the event of theft, loss, or destruction of a Certificate of Origin, the producer or exporter or his authorized representatives may apply to the issuing bodies of the exporting Party for issuing a certified true copy, provided that the original copy previously issued has been verified not to be used. This copy shall bear the words "CERTIFIED TRUE COPY" in box 4 in Annex 3-B-1. This copy shall bear the date of issuance of the original Certificate of Origin in box 12 in Annex 3-B-1. The certified true copy of a Certificate of Origin shall be issued within one year from the date of issuance of the original Certificate of Origin.
8. Neither erasures nor superimpositions shall be allowed on a Certificate of Origin. Any alteration shall be made by striking out the erroneous materials and making any addition required. Such alterations shall be certified by the issuing body. Unused spaces shall be crossed out to prevent any subsequent addition. Alternatively, a new Certificate of Origin may be issued to replace the erroneous Certificate of Origin. The issuing body shall specify the date of issuance of the originally issued Certificate of Origin in the new Certificate of Origin.
Article 3.17. Issuing Body
1. Each Party shall maintain an updated register of the names and seals of its issuing bodies.
2. Each Party shall notify the other Party of the names and specimen signatures and specimen of official seals of its issuing bodies through the contact point. Any changes in the said list shall be promptly provided in the same manner.
3. Notwithstanding paragraph 2, a Party shall not be required to provide the specimen signatures of its issuing body to the other Party, provided that it has established a secured website containing key information of a Certificate of Origin issued by the exporting Party, namely reference number, HS code, description of the goods, quantity, date of issuance, and name of the exporter.
4. The issuing bodies shall, to the best of their competence and ability, carry out proper examination, in accordance with the domestic laws and regulations of the Party, upon each application for a Certificate of Origin to ensure that:
(a) the Certificate of Origin is duly completed and signed by the authorized signatory;
(b) the origin of the good is in conformity with this Chapter,
(c) other statements in the Certificate of Origin correspond to supporting documentary evidence submitted;
(d) the description, quantity, and weight of the good, number and type of packages, as specified, conform to the good to be exported; and
(e) the Certificates of Origin issued are numbered consecutively.
Article 3.18. Claims for Preferential Tariff Treatment
1. Each Party shall provide that an importer may at the time of importation, make a claim for preferential tariff treatment based on a Proof of Origin.
2. Each Party may require, in accordance with its domestic laws and regulations, that an importer who claims preferential tariff treatment for a good imported into its territory:
(a) make written statement in the customs declaration that the good is an originating good;
(b) identify the applicable tariff rate;
(c) have in its possession at the time the declaration referred to in subparagraph (a) is made, a written or electronic Proof of Origin as described in Article 3.15;
(d) provide a Proof of Origin to the customs authority of the importing Party; and
(e) when the importer has reason to believe that the declaration in subparagraph (a) is based on inaccurate information, correct the importation document and pay any customs duty owing in accordance with its domestic laws and regulations.
3. Each Party shall provide that a Proof of Origin shall be valid for one year after the date it was issued.
4. Each Party, subject to its laws and regulations, shall provide that where a good would have qualified as an originating good when it was imported into the territory of that Party, the importer of the good may, within a period specified by the laws and regulations of the importing Party, after the date on which the good was imported, apply for a refund of any excess duties, deposit, or guarantee paid as a result of the good not having been accorded preferential tariff treatment, on presentation of the following to the customs authority of the importing Party:
(a) a Proof of Origin and other evidence that the good qualifies as an originating good; and
(b) such other documentation in relation to the importation as the customs authority may require to satisfactorily evidence the tariff preference claimed.
5. Notwithstanding paragraph 4, each Party may require, in accordance with its domestic laws and regulations, that the importer notify to the customs authority of the importing Party its intention to claim preferential tariff treatment at the time of importation.
Article 3.19. Waiver of Proof of Origin
1. Each Party shall provide that a Proof of Origin shall not be required where:
(a) the customs value of the importation does not exceed US$200 FOB or the equivalent amount in the currency of the importing Party, or such higher amount as may be established by the importing Party, unless the importing Party considers the importation to be part of a series of importations carried out or planned for purposes of evading compliance with the Partyâs laws and regulations governing claims for preferential tariff treatment under this Agreement; or
(b) it is a good for which the importing Party does not require the importer to present a Proof of Origin.
2. Notwithstanding paragraph 1, the importing Party may require the importer to submit a Proof of Origin and such other documentation related to the origin of the good where there is doubt as to the veracity of the originating status of the good.
Article 3.20. Record Keeping Requirements
1. Each Party shall provide that an exporter or producer of the good covered by a Proof of Origin shall maintain, for a minimum of three years from the date the Proof of Origin was issued, all records necessary to demonstrate that the good covered by the Proof of Origin was an originating good, including records concerning:
(a) the purchase of, cost of, value of, and payment for, the exported good;
(b) the purchase of, cost of, value of, and payment for all materials, including neutral elements, used in the production of the exported good;
(c) the production of the good in the form in which it was exported; and (d) such other documentation as required by the laws and regulations of the exporting Party.
2. Each Party shall provide that an importer claiming preferential tariff treatment for a good imported into the territory of the Party based on a Proof of Origin shall maintain, for a minimum of three years from the date of importation of the good, documentation related to importation.
3. Each Party shall provide that the issuing bodies as referred to in Article 3.17 shall maintain, for a minimum of three years from the date that a Certificate of Origin was issued, a copy of the Certificate of Origin as well as the supporting information required for certification.
4. Each Party shall provide that an exporter, producer, importer, or issuing bodies may choose to maintain the records specified in paragraphs 1 through 3 in any medium that allows for prompt retrieval, including, but not limited to, digital, electronic, optical, magnetic, or written form.
Article 3.21. Discrepancies and Formal Errors
1. The discovery of slight discrepancies between the statements made in a Proof of Origin and those made in the documents submitted to the customs authority of the importing Party for purpose of carrying out the formalities for importing the goods shall not ipso facto render the Proof of Origin null and void if it is duly established that such documents do correspond to the goods imported.
2. Obvious formal errors such as typing errors on a Proof of Origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.
3. For multiple items declared under the same Proof of Origin, a problem encountered with one of the items listed shall not affect or delay the granting of preferential tariff treatment and customs clearance of the remaining items listed in that Proof of Origin.
Article 3.22. Non-Party Invoice
The importing Party shall not reject a Proof of Origin only for the reason that the invoice was issued in the territory of a non-Party.
Article 3.23. Verification
1. The importing Party may request the issuing body (14) of the exporting Party to conduct a retroactive check at random or when the importing Party has reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the good in question or of certain parts thereof, subject to the following procedures:
(a) the request of the importing Party for a retroactive check shall be accompanied with the Proof of Origin concerned and shall specify the reasons and any additional information suggesting that the particulars given on the said Proof of Origin may be inaccurate, unless the retroactive check is requested on a random basis;
(b) the issuing body of the exporting Party receiving a request for retroactive check shall respond to the request promptly and reply the result within two months after receipt of the request;
(c) If the customs authority of the importing Party considers necessary, it may require additional information relating to the origin of the good. If additional information is requested by the customs authority of the importing Party, the issuing body of the exporting Party shall provide the information requested in a period not exceeding four months after the date of receipt of the request; and
(d) the customs authority of the importing Party may suspend provision of preferential tariff treatment while awaiting the result of verification. However, it may release the good to the importer subject to any administrative measures deemed necessary, provided that they are not held to be subject to import prohibition or restriction and there is no suspicion of fraud.
2. The customs authority of the importing Party may request an importer for information or documents relating to the origin of an imported good in accordance with its domestic laws and regulations before requesting the retroactive check pursuant to paragraph 1.
3. If the importing Party is not satisfied with the outcome of the retroactive check, it may, under exceptional circumstances, request verification visits to the exporting Party.
4. Prior to conducting a verification visit pursuant to paragraph 3:
(a) an importing Party shall deliver a written notification of its intention to conduct the verification visit simultaneously to:
(i) the producer or exporter whose premises are to be visited;
(ii) the issuing body of the Party in the territory of which the verification visit is to occur;
(iii) the customs authority of the Party in the territory of which the verification visit is to occur; and
(iv) the importer of the good subject to the verification visit;
(b) the written notification mentioned in subparagraph (a) shall be as comprehensive as possible and shall include, among others:
(i) the name of the customs authority issuing the notification;
(ii) the name of the producer or exporter whose premises are to be visited;
(iii) the proposed date of the verification visit;
(iv) the coverage of the proposed verification visit, including reference to the good subject to the verification; and
(v) the names and designation of the officials performing the verification visit;
(c) an importing Party shall obtain the written consent of the producer or exporter whose premises are to be visited;
(d) when a written consent from the producer or exporter is not obtained within 30 days from the date of receipt of the notification pursuant to subparagraph (a), the notifying Party may deny preferential tariff treatment to the good referred to in the said Proof of Origin that would have been subject to the verification visit; and
(e) the issuing body receiving the notification may postpone the proposed verification visit and notify the importing Party of such intention within 15 days from the date of receipt of the notification. Notwithstanding any postponement, any verification visit shall be carried out within 60 days from the date of such receipt, or a longer period as the Parties may agree.
5. The Party conducting the verification visit shall provide the producer or exporter, whose good is subject to such verification, and the relevant issuing body with a written determination of whether or not the good subject to such verification qualifies as an originating good.
6. Any suspended preferential tariff treatment shall be reinstated upon the written determination referred to in paragraph 5 that the good qualifies as an originating good.
7. The producer or exporter shall be allowed 30 days from the date of receipt of the written determination to provide in writing comments or additional information regarding the eligibility of the good for preferential tariff treatment. If the good is still found to be non-originating, the final written determination shall be communicated to the relevant issuing body within 30 days from the date of receipt of the comments or the additional information from the producer or exporter.
8. The verification visit process, including the actual visit and the determination under paragraph 5 whether the good subject to such verification is originating or not, shall be carried out and its results shall be communicated to the relevant issuing body within a maximum period of six months from the first day the initial verification visit was conducted. While the process of verification is being undertaken, subparagraph 1(d) shall be applied.
Article 3.24. Denial of Preferential Tariff Treatment
1. The customs authority of the importing Party may deny preferential tariff treatment without verification of a Proof of Origin, in accordance with its laws and regulations, as the Proof of Origin can be considered as inapplicable when:
(a) the requirements on direct consignment of Article 3.9 have not been fulfilled;
(b) the Proof of Origin is produced subsequently for goods that were initially imported fraudulently;
(c) the Proof of Origin has been issued in a non-Party to this Agreement;
(d) the importer fails to submit the Proof of Origin to the customs authorities of the importing Party within the period specified in the domestic laws and regulations of the importing Party; or
(e) such other matters arise as the Parties may agree.
2. During verification procedures, the customs authority of the importing Party may deny preferential tariff treatment when the issuing body of the exporting Party, exporter, or producer fail to comply with Article 3.20 or Article 3.23.
Article 3.25. Electronic Origin Data Exchange System
The Parties may develop an electronic system for origin information exchange to ensure the effective and efficient implementation of this Chapter.
Article 3.26. Transitional Provisions for Goods In Transit and Storage
A Party shall grant preferential tariff treatment to an originating good that, on the date of entry into force of this Agreement for that Party:
(a) was being transported to that Party in accordance with the Direct Consignment provisions in Article 3.9; or
(b) had not been imported into the territory of that Party;
if a valid claim under Article 3.18 for preferential tariff treatment is made within 180 days from the date of entry into force of this Agreement for that Party.
Chapter 4. CUSTOMS PROCEDURES AND TRADE FACILITATION
Article 4.1. Publication
1. Each Party shall publish, including on the internet, laws, regulations, and general administrative procedures related to import and export.
2. Each Party shall designate or maintain one or more inquiry points to address reasonable inquiries by interested persons concerning customs matters and make available on the internet information concerning the procedures for making such inquiries.
3. To the extent possible, each Party shall provide opportunities and reasonable time period to interested persons to comment on the proposed introduction or amendments of general laws, regulations, and general administrative procedures related to import and export.
Article 4.2. Release of Goods
1. In order to facilitate bilateral trade, each Party shall adopt or maintain simplified customs procedures for the efficient release of goods.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods within a period no greater than that required to ensure compliance with its customs laws and regulations;
(b) provide for customs information to be submitted and
processed manually or electronically before the goods arrive in order for them to be released on their arrival;
(c) allow goods to be released at the point of arrival, without temporary transfer to warehouses or other facilities; and
(d) allow importers to withdraw goods from customs with guarantees, before, and without prejudice to, its customs authority's final determination of the applicable customs duties, taxes, and fees.
Article 4.3. Automation
To the extent possible, each Party shall use information technology that expedites procedures for the release of goods and shall:
(a) make electronic systems accessible to customs users; (b) endeavor to use international standards;
(c) endeavor to develop electronic systems that are compatible with the other Party's systems, in order to facilitate bilateral exchange of international trade data; and
(d) endeavor to develop a set of common data elements and processes in accordance with World Customs Organization (hereinafter referred to as the "WCO") Customs Data Model and related WCO recommendations and guidelines.
Article 4.4. Risk Management
Each Party shall adopt or maintain electronic or automated risk management systems for assessment and targeting that enable its customs authority to focus its inspection activities on high-risk consignments and that simplify the clearance and movement of low-risk consignments.
Article 4.5. Cooperation
1. With a view to facilitating the effective operation of this Agreement, each Party shall endeavor to provide the other Party with advance notice of any significant modification of administrative policy or other similar development related to its laws or regulations governing importations and exportations that is likely to substantially affect the operation of this Agreement.
2. The Parties affirm their commitment to facilitate the legitimate movement of goods and shall exchange expertise on measures to improve customs techniques and procedures, and on computerized systems.
3. The Parties shall commit to:
(a) pursuing the harmonization of documentation and data elements used in trade according to international standards for the purpose of facilitating the flow of trade between them in customs-related matters regarding the importation, exportation, and transit of goods;
(b) intensifying cooperation between their customs laboratories and scientific departments and to working towards the harmonization of customs laboratories methods;
(c) exchanging customs' personnel;
(d) jointly organizing training programs on customs-related issues, for the officials who participate directly in customs procedures;
(e) developing effective mechanisms for communicating with the trade and business communities;
(f) assisting, to the extent practicable, each other in the tariff classification, valuation, and determination of origin;
(g) promoting strong and efficient intellectual property rights enforcement by customs authorities, regarding imports, exports, re-exports, transit, transshipments, and other customs procedures, and in particular as regards counterfeit goods; and
(h) improving the security, while facilitating trade, of sea- container and other shipments from all locations that are imported into, transshipped through, or transiting the Parties. The Parties agree that the objectives of the intensified and broadened cooperation include, but are not limited to:
(i) working together to reinforce the customs-related aspects for securing the logistics chain of international trade; and
(ii) coordinating positions, to the greatest extent practicable, in any multilateral fora where issues related to container security may be appropriately raised and discussed.
Article 4.6. Confidentiality
1. Where a Party that provides information to the other Party in accordance with this Chapter designates the information as confidential, the other Party shall keep the information confidential. The Party providing the information may require the other Party to furnish written assurance that the information will be held in confidence, will be used only for the purpose the other Party specified in its request for information, and will not be disclosed without the specific permission of the Party that provided the information or the person that provided the information to that Party.
2. If a Party receives information designated as confidential in accordance with paragraph 1, the Party receiving the information may, under its domestic law and legal system, use or disclose the information for law enforcement purposes or in the course of judicial proceedings with a written consent from the other Party.
3. A Party may decline to provide information that the other Party has requested where that Party has failed to act in conformity with paragraph 1.
4. Each Party shall adopt or maintain procedures for protecting from unauthorized disclosure of confidential information submitted in accordance with the administration of the Partyâs customs laws, including information the disclosure of which could prejudice the competitive position of the person providing the information.
Article 4.7. Express Shipments
Each Party is encouraged to adopt or maintain expedited customs procedures for express shipments while maintaining appropriate customs control and selection. These procedures shall:
(a) provide for a separate and expedited customs procedures for express shipments and, where applicable, use the WCO Guidelines for the Immediate Release of Consignments;
(b) provide for information necessary to process an express shipment to be submitted manually or electronically before the shipment arrives; and
(c) to the extent possible, provide for certain goods to be cleared with a minimum of documentation.
Article 4.8. Review or Appeal
Each Party shall ensure that with respect to its determinations/decisions on customs matters, importers in its territory have access to:
(a) a level of administrative review or appeal higher than or independent of the employee or office that issued the determinations/decisions; and
(b) judicial review or appeal of the determinations/decisions.
Article 4.9. Penalties
Each Party shall adopt or maintain measures that allow for the imposition of civil or administrative penalties and, where appropriate, criminal sanctions for violations of its customs laws and regulations.
Article 4.10. Advance Rulings
1. Each Party shall issue, through its customs authority, before a good is imported into its territory, a written advance ruling or information at the written request of an importer in its territory, with regard to: