Australia-India Economic Cooperation and
Trade Agreement - Documentation
We have received advice from industry bodies that Australian importers have received certificates of origin from India that do not comply with current approved formats.
The reported change in wording has started to filter its way through the industry and may result in use of non-compliant documentation.
Article 4.15 of ECTA (Australia-India Economic Cooperation and Trade Agreement) provides that a Certificate of Origin must:
- be in writing or electronic format;
- be in English;
- specify that the good is originating and meets the rules of origin and consignment requirements of this FTA;
- contain information, as set out in Annex 4A (Minimum Information Requirements) and presented in the same format as provided for in Annex 4A (Minimum Information Requirements);
- remain valid for 12 months from the date on which it is completed or issued;
- apply to single importation of one or multiple goods provided that each good qualifies as an originating good separately in its own right; and
- bear a unique Certificate of Origin number, affixed by the issuing body or authority, as appropriate, in the exporting Party.
- bear an authorised signature and official seal of the issuing body or authority, as appropriate. The signature and seal may be applied manually or electronically.
Annex 4A states each COO must contain minimum mandatory information requirements, which can be viewed at this link together with a format agreed between the Australian and Indian governments.
For Customs Brokers and Importers alike, the requirements for application of Indian Free Trade on goods imported into Australia is clear, and the wording is specific. An acceptable sample of the certificate is available on page 52 of the above link.
Should you be approached by ABF for any claimed non-compliance, please do not hesitate to reach out to FJT for a second opinion. Our team have many years’ experience in navigating the intricacies of Customs legislation and are more than happy to assist.
