The COMESA Rules of Origin are a set of criteria that is used to distinguish between goods that are produced within the COMESA member States and are entitled to preferential tariff treatment and those that are considered to have been produced outside the COMESA region that attracts full import duties when traded. The document consists of two parts: Part I includes the Protocol on the Rules of Origin for products to be traded between the Member States of the Common Market for Eastern and Southern Africa; incorporating the workings and processing for the change in tariff heading rule; and goods of particular importance to the economic development of the Member States; and Part II on the Procedures for the Implementation of the Protocol on Rules of Origin. With regard to Part I, the goods wholly produced in the Member States are the ones listed in Rule 3. The processes considered as insufficient to support a claim that goods originate from a Member State are listed in Rule 5. Specific rules are provided also for packaging in article 9. The claim that goods shall be accepted as originating from a Member State in accordance with the provisions of this Protocol shall be supported by a certificate authenticated by an authority designated for that purpose by each Member State (Rule 10.1). The producer shall furnish the exporter with a written declaration to the effect that the goods qualify as originating in the member States (Rule 10.2). The Member States undertake to introduce legislation making such provision as may be necessary for penalties against persons who, in their territories, furnish or cause to be furnished documents which are untrue in material particular in support of a claim in another Member State that goods be accepted as originating from that Member State (Rule 11). Part II (i) outlines the procedures to be followed in the administration of the Protocol on Rules of Origin by the Member States; (ii) provides guidance to Designated Issuing Authorities and Customs Administrations in COMESA Member States; (iii) it is also useful for training purposes. It is a manual aiming at (i) translating the Protocol on Rules of Origin for practical application; (ii) explaining the basic origin criteria under the COMESA preferential trade regime; (iii) providing guidance on the procedures for the approval and registration of exporters; (iv) providing guidance on the issuing of COMESA Certificates of Origin; (v) providing guidance on origin verification; (vi) explaining the Dispute Settlement procedure under the COMESA trade regime; (vii) giving guidance on the organizational requirements for the effective implementation of the Protocol on Rules of Origin. It is arranged in four chapters: Chapter 1 provides an introduction to the COMESA trade regime; Chapter 2 covers the technical issues relating to COMESA Rules of Origin; Chapter 3 covers the administrative aspects of the Protocol on Rules of Origin and it is required that member States apply common procedures in determining the eligibility of products to COMESA origin and the granting of preferential tariffs; and Chapter 4 provides the organizational requirements for the implementation of the Protocol on Rules of Origin, with particular focus on (i) the Organizational Structure; (ii) competences of the designated issuing Authority; (iii) customs cooperation; (iv) post-clearance controls; (v) record maintenance; (vi) exchange of Information; and (vii) role of the COMESA Secretariat in providing adequate technical support or advice regarding the interpretation and implementation of the Protocol on Rules of Origin.
1994-01-01