Rule 3
1. The exporter or producer of the good shall apply in writing or by electronic means to the Issuing Authority requesting a pre-exportation examination of the origin of the good to be exported.
2. The result of the examination, subject to review periodically or whenever appropriate, shall be accepted as the supporting evidence in issuing a Certificate of Origin for the good to be exported thereafter.
3. Pre-exportation examination need not apply to a good for which, by its nature, origin can be easily determined.
4. The exporter or producer of the good shall apply for the Certificate of Origin by providing appropriate supporting documents and other relevant information, proving that the good to be exported qualifies as originating.
Rule 4
The Issuing Authority shall, to the best of its competence and ability, carry out proper examination upon each application for the Certificate of Origin to ensure that:
(a) the application and the Certificate of Origin are duly completed and signed by the authorised signatory;
(b) the good is an originating good in accordance with this Chapter;
(c) the other statements in the Certificate of Origin correspond to supporting documentary evidence submitted; and
(d) information to meet the data requirements listed in the Appendix on Data Requirements is provided for the goods being exported.
Rule 5
1. The Certificate of Origin shall be issued by the relevant Issuing Authorities of the exporting Party prior to or at the time of exportation or soon thereafter whenever the products to be exported can be considered originating in that Party within the meaning of the Malaysia-Australia Free Trade Agreement Rules of Origin.
2. Where a Certificate of Origin has not been issued at the time of exportation or soon thereafter due to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued retroactively but no longer than one year from the date of shipment, bearing the words "ISSUED RETROACTIVELY".
Rule 6
In the event of theft, loss or destruction of a Certificate of Origin, the exporter or producer may apply in writing to the Issuing Authority for a certified true copy of the original to be made on the basis of the export documents in their possession bearing the endorsement of the words "CERTIFIED TRUE COPY". This copy shall bear the date of the original Certificate of Origin.
Section C. Declarations of Origin and Certificates of Origin
Rule 7
1. The Declaration of Origin or Certificate of Origin must contain the data requirements listed in the Appendix or in a List of Data Requirements adopted by the Parties in accordance with paragraph 3 of Article 3.25 (Consultation and Review) of Chapter 3 (Rules of Origin) and:
(a) specify that the goods described therein are originating goods of the exporting Party and meet the requirements of this Chapter;
(b) be made in respect of one or more goods and may include a variety of goods;
(c) be completed in English; and (d) beina printed format or such other medium including electronic format.
2. The Declaration of Origin or Certificate of Origin shall comprise one original.
Rule 8
Neither erasures nor superimposition shall be allowed on the Declaration of Origin or Certificate of Origin. Any alteration shall be made by striking out the erroneous materials and making any addition required. In the case of a Declaration of Origin, the alteration shall be approved by the person making the declaration. For a Certificate of Origin, the alteration shall be certified by the Issuing Authority. Unused spaces shall be crossed out to prevent any subsequent addition.
Rule 9
The original Declaration of Origin or Certificate of Origin shall be submitted to the Customs Administration of the importing Party when requested by that Administration.
Appendix on data requirements
The data to be included in the Declaration of Origin or Certificate of Origin are: (a) name and details of the exporter/producer;
(b) declaration by the exporter/producer or their authorised representative that the goods are originating;
(c) description of the goods; (d) HS Code (6 digits); and
(e) _ origin conferring criteria.
Chapter 4. Customs Procedures and Cooperation
Article 4.1. Scope
This Chapter shall apply, in accordance with the Parties' respective laws, regulations and policies, to customs procedures applied to goods traded between the Parties.
Article 4.2. Definitions
For the purposes of this Chapter:
(a) customs laws and regulations means such laws and regulations administered and enforced by the customs authority of each Party concerning the importation, exportation, and transit/transhipment of goods;
(b) customs procedures means the treatment applied by the Customs Administration of a Party to goods which are subject to that Party's customs laws and regulations.
Article 4.3. Customs Administration
1. Customs procedures of each Party shall conform, where possible, and to the extent permitted by its respective laws, regulations and policies, to international standards and recommended practices established by the World Customs Organization.
2. Each Party shall ensure that its customs procedures are administered to facilitate trade in an impartial, uniform and transparent manner and avoid arbitrary and unwarranted procedural obstacles.
3. The Customs Administration of each Party shall periodically review its customs procedures with a view to exploring options for their simplification and the enhancement of mutually beneficial arrangements to facilitate trade between the Parties.
4. Each Party shall ensure that goods are released within a period no longer than that required to ensure compliance with its customs laws and regulations.
Article 4.4. Cooperation
1. To the extent permitted by their laws, rules and regulations, the Parties shall endeavour to provide each other with information to assist in the investigation and prevention of infringements of customs and customs-related laws and regulations.
2. Each Party shall also make efforts to explore additional means of cooperation to enhance the ability of either Party to implement the customs-related provisions of this Agreement.
3. This could include cooperation in relation to the following:
(a) implementation and operation relating to the importation or exportation of goods;
(b) the use of information and communications technology, including possible electronic data interchange between the Parties;
(c) activities undertaken with other national authorities and the trading communities of the respective Parties;
(d) best practice on risk management and other enforcement techniques; and
(e) such other matters relating to the importation or exportation of goods as the Parties may agree.
4. The Parties shall endeavour to provide each other capacity building and technical assistance as appropriate, including in areas such as risk management, post-clearance audit, computer forensic and rules of origin.
5. Each Party shall endeavour to provide the other with advance notice of any proposed laws, regulations or policies governing the administration of customs procedures that are likely to substantially affect the operation of this Agreement.
Article 4.5. Risk Management
1. The Parties shall administer customs procedures so as to facilitate the clearance of low-risk goods and focus on high-risk goods. To enhance the flow of goods across their borders the Customs Administrations of each Party shall regularly review these procedures.
2. Where a Customs Administration of a Party deems that the inspection of goods is not necessary to authorise clearance of the goods from customs control, that Party shall endeavour to provide a single point for the documentary or electronic processing of those goods.
Article 4.6. Advance Rulings
1. Each Party shall provide for written advance rulings to be issued to an importer in its territory, or an exporter or producer in the territory of the other Party, concerning:
(a) tariff classification;
(b) questions arising from the application of the principles of the Customs Valuation Agreement; and,
(c) to the extent permitted by its laws, regulations and administrative determinations, origin of goods (5).
2. Each Party shall adopt or maintain procedures for issuing written advance rulings, which shall:
(a) provide that an importer in its territory, or an exporter or producer in the territory of the other Party, may apply for an advance ruling before the importation of the goods concerned;
(b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling;
(c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information, necessary to evaluate the application, within a specified period;
(d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-maker;
(e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's laws, regulations or administrative determinations, and in any case within 90 days of receipt of all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and
(f) provide in writing the reasons for the decision.
3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within the specified time.
4. A Party may modify or revoke an advance ruling where there is a determination that the advance ruling was based on an error of fact or law, or if there is a change in:
(a) its law consistent with relevant provisions of this Agreement; or (b) amaterial fact; or (c) the circumstances on which the ruling was based.
5. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter, or producer involved, where the facts and circumstances are identical in all material respects.
6. Any fees charged for advance rulings shall not exceed the approximate cost of the service rendered in providing the advance ruling.
Article 4.7. Publication and Enquiry Points
1. Each Party shall publish on the Internet and/or in print form its laws, regulations, and customs procedures applicable to, or enforceable by, its Customs Administration.
2. Each Party shall designate one or more enquiry points to address enquiries from interested persons on customs matters and shall make available on the Internet information concerning procedures for making such enquiries.
Article 4.8. Review and Appeal
1. Each Party shall ensure the availability of processes for administrative and judicial review of decisions taken by its Customs Administrations independent of the authority responsible for the decision under review.
2. The decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing.
Article 4.9. Confidentiality
1. Where a Party providing information to the other Party in accordance with this Chapter designates the information as confidential, the other Party shall maintain the confidentiality of that information. The Parties shall not use or disclose such information for purposes other than those specified in this request for information, or to the extent that the information may be required to be disclosed by or under law, or if its disclosure has been agreed to by the other Party in writing.
2. Nothing in this Chapter shall be construed to require a Party to furnish or allow access to information the disclosure of which would:
(a) be contrary to the public interest as determined by its laws and regulations;
(b) be contrary to any of its laws and regulations, including but not limited to those protecting personal privacy or the financial affairs and accounts of individuals or which could prejudice legitimate commercial interests of particular enterprises, public or private; or
(c) impede law enforcement.
Chapter 5. Sanitary and Phytosanitary Measures
Article 5.1. Objectives
The objectives of this Chapter are to:
(a) facilitate bilateral trade in food, animals and plants, including their products, while protecting human, animal or plant life or health in the territory of each Party;
(b) deepen mutual understanding of each Party's laws, regulations and procedures relating to sanitary and phytosanitary measures;
(c) enhance implementation by the Parties of the SPS Agreement; and
(d) strengthen communication, consultation and cooperation between the Parties on sanitary and phytosanitary issues.
Article 5.2. Scope
1. This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
2. Neither Party may have recourse to dispute settlement under this Agreement for any matter arising under this Chapter.
Article 5.3. Definitions
For the purposes of this Chapter:
(a) sanitary and phytosanitary measures means any measure referred to in Annex A, paragraph 1 of the SPS Agreement; and
(b) competent authorities means those authorities which are accountable for the implementation of matters within the scope of this Chapter.
Article 5.4. Affirmation of the Sps Agreement
The Parties affirm their rights and obligations with respect to each other under the SPS Agreement and agree that this Chapter does not limit these rights and obligations.
Article 5.5. Information Exchange
1. Acknowledging the value of exchanging information in a timely manner relating to their respective sanitary and phytosanitary measures and ensuring transparency in the implementation of such measures, each Party shall facilitate the exchange of information on their respective sanitary and phytosanitary regimes.
2. In particular, each Party shall:
(a) establish a contact point for sanitary and phytosanitary measures;
(b) provide to the contact point of the other Party a list of its competent authorities and notify the contact point of the other Party of any significant changes in the structure, organisation and division of responsibility within its administration relevant to this Chapter; and
(c) provide to the contact point of the other Party a copy of notifications made in accordance with the SPS Agreement of new or revised sanitary and phytosanitary measures including measures imposed in response to an urgent threat to human, animal or plant life or health.
Article 5.6. Cooperation In Implementation of the Sps Agreement
1. The Parties shall cooperate to enhance implementation of the SPS Agreement, including through:
(a) exchanging information relating to their implementation of the SPS Agreement; and
(b) strengthening collaboration between the Parties in their involvement in the work of relevant international bodies that develop international standards, guidelines and recommendations relevant to the matters covered by this Chapter.
2. Each Party agrees to give consideration to the issues of regionalisation and equivalence, if raised by the other Party, in accordance with the SPS Agreement, in order to facilitate trade between the Parties.
Article 5.7. Consultative Arrangements
1. The Parties note the existence of the Malaysia-Australia Agricultural Cooperation Working Group (MAACWG) and its subsidiary working groups.
2. To enhance these existing arrangements, the Parties agree to establish an SPS Working Group consisting of representatives of the competent authorities of the Parties and any other relevant representatives of the Parties.
3. The SPS Working Group shall provide a forum for consideration of any matter relating to the implementation of this Chapter, including:
(a) exchanging information on each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures;
(b) improving bilateral understanding related to specific implementation issues concerning the SPS Agreement;
(c) considering, where appropriate, sanitary and phytosanitary matters that may arise between the Parties; and
(d) exploring and enhancing opportunities for further cooperation and exchange of information of mutual interest on matters relating to SPS measures.
4. The SPS Working Group shall meet annually, or as otherwise agreed by the Parties, to promote the objectives set out in Article 5.1 (Objectives).
5. The SPS Working Group shall report to the FTA Joint Commission or a subsidiary body established by it.
6. The Parties agree to enter into urgent consultations at the request of either Party where trade is disrupted on sanitary and phytosanitary grounds, with a view to facilitating trade and minimising the impact of the disruption.
Chapter 6. Standards, Technical Regulations and Conformity Assessment Procedures
Article 6.1. Objectives
The objectives of this Chapter are to:
(a) facilitate trade in goods between the Parties by ensuring that technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to trade;
(b) deepen mutual understanding of each Party's technical regulations, standards and conformity assessment procedures;
(c) strengthen cooperation and information exchange between Australian and Malaysian bodies with responsibility for the development and application of technical regulations, standards and _ conformity assessment procedures;
(d) strengthen cooperation between Australia and Malaysia in the work of regional and international bodies related to standards and conformity assessment procedures; and
(e) provide a framework to implement supporting mechanisms to realise these objectives.
Article 6.2. Scope
This Chapter shall apply to all standards, technical regulations and conformity assessment procedures at the central level of government that may affect trade in goods between the Parties, except:
(a) purchasing specifications prepared by government bodies for the production or consumption requirements of such bodies; and
(b) sanitary or phytosanitary measures as defined in Annex A of the SPS Agreement.
Article 6.3. Definitions
For the purposes of this Chapter:
(a) TBT Agreement means the Agreement on Technical Barriers to Trade, in Annex 1A to the WTO Agreement; and
(b) the definitions in Annex 1 to the TBT Agreement shall apply.
Article 6.4. Basic Principles
1. Each Party affirms their rights and obligations to each other in accordance with the TBT Agreement.
2. Each Party shall encourage local government and non-government bodies within its territory which are responsible for the development and implementation of technical regulations, standards and conformity assessment procedures to cooperate in the implementation of this Chapter.
Article 6.5. Standards
1. Each Party shall use relevant international standards, to the extent provided in Article 2.4 of the TBT Agreement, as the basis for its technical regulations.
2. Each Party shall encourage standardising bodies located in its territory to cooperate with those located in the territory of the other Party on matters of mutual interest, including their participation in the work of regional and international bodies engaged in the development of international standards and conformity assessment procedures.
Article 6.6. Technical Regulations
1. Each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of its regulations.