ANNEX 8

OPERATIONAL CERTIFICATION PROCEDURE

FOR THE RULES OF ORIGIN UNDER CHAPTER 3

For the purposes of implementing the Rules of Origin set out

in Chapter 3 (hereinafter referred to as “ASEAN ROO”), the
following operational procedures on the issuance and
verification of the Certificate of Origin (Form D) and other
related administrative matters shall be observed.

Rule 1
Definitions

For the purposes of this Annex:

(a) ASW means ASEAN Single Window as defined in

Article 5(a) of the PLF;

(b) back-to-back Certificate of Origin means a

Certificate of Origin issued by an intermediate
exporting Member State based on the Certificate of
Origin issued by the first exporting Member State;

(c) exporter means a natural or juridical person located in

the territory of a Member State where a good is
exported from by such a person;

(d) importer means a natural or juridical person located in

the territory of a Member State where a good is
imported into by such a person;

(e) issuing authority means the Government authority of

the exporting Member State designated to issue a
Certificate of Origin (Form D) and notified to all the
other Member States in accordance with this Annex;
(f) NSW means National Single Window as defined in
Article 5(c) of the PLF;

(g) PLF means the Protocol on the Legal Framework to

Implement the ASEAN Single Window done at Ha Noi,
Viet Nam on 4 September 2015;

(h) producer means a natural or juridical person who

carries out production as set out in Article 25 of this
Agreement in the territory of a Member State; and

(i) Electronic Certificate of Origin (e-Form D) means a

Certificate of Origin (Form D) that is structured in
accordance with the e-ATIGA Form D Process
Specification and Message Implementation Guideline,
and is transmitted electronically between Member
States via the ASW in accordance with the security
provisions specified in Article 9 of the PLF.

Rule 2
Specimen Signatures and Official Seals of the Issuing
Authorities

1. Each Member State shall provide a list of the names,

addresses, specimen signatures and specimen of
official seals of its issuing authorities, in hard copy and
soft copy format, through the ASEAN Secretariat for
dissemination to other Member States in soft copy
format. Any change in the said list shall be promptly
provided in the same manner.

2. The specimen signatures and official seals of the

issuing authorities, compiled by the ASEAN
Secretariat, shall be updated annually. Any Certificate
of Origin (Form D) issued by an official not included in
the list referred to in paragraph 1 shall not be honoured
by the receiving Member State.
3. Notwithstanding paragraphs 1 and 2, where a Member
State only issues Electronic Certificates of Origin (e-
Form D), that Member State need not provide a list of
specimen signatures and specimen of official seals of
its issuing authority.

Rule 3
Supporting Documents

1. For the purposes of determining originating status, the

issuing authorities shall have the right to request for
supporting documentary evidence or to carry out
check(s) considered appropriate in accordance with the
respective laws and regulations of a Member State.

2. Member States are encouraged to allow the

submission of electronic supporting documents, if
available, to carry out check(s) related to Electronic
Certificates of Origin (e-Form D) considered
appropriate in accordance with the respective laws and
regulations of a Member State.

Rule 4
Pre-exportation Verification

1. The producer and/or exporter of the good, or its

authorised representative, shall apply to the issuing
authority, in accordance with the Member State’s laws
and regulations, requesting pre-exportation
examination of the origin of the good. The result of the
examination, subject to review periodically or whenever
appropriate, shall be accepted as the supporting
evidence in determining the origin of the said good to
be exported thereafter. The pre-exportation
examination may not apply to the good of which, by its
nature, origin can be easily determined.

2. For locally-procured materials, self-declaration by the

final manufacturer exporting under this Agreement
 shall be used as a basis when applying for the
issuance of the Certificate of Origin (Form D).

Rule 5
Application for Certificate of Origin

At the time of carrying out the formalities for exporting the

products under preferential treatment, the exporter or his
authorised representative shall submit a written application
for the Certificate of Origin (Form D) together with
appropriate supporting documents proving that the products
to be exported qualify for the issuance of a Certificate of
Origin (Form D).

Rule 6
Examination of Application for a Certificate of Origin

The issuing authority shall, to the best of its competence and

ability, carry out proper examination, in accordance with the
laws and regulations of the Member State, upon each
application for a Certification of Origin (Form D) to ensure
that:

(a) The application and the Certificate of Origin (Form D)

are duly completed and signed by the authorised
signatory;

(b) The origin of the product is in conformity with the

provisions of Chapter 3 of this Agreement;

(c) The other statements of the Certificate of Origin (Form

D) correspond to supporting documentary evidence
submitted;

(d) Description, quantity and weight of goods, marks and

number of packages, number and kinds of packages,
as specified, conform to the products to be exported;
(e) Multiple items declared on the same Certificate of
Origin (Form D) shall be allowed provided that each
item qualifies separately in its own right.

Rule 7
Certificate of Origin (Form D)

1. The Certificate of Origin (Form D) must be on ISO A4

size white paper in conformity to the specimen shown
in Annex 7 of this Agreement. It shall be made in the
English language.

2. The Certificate of Origin (Form D) shall comprise one

(1) original and two (2) carbon copies (Duplicate and
Triplicate).

3. Each Certificate of Origin (Form D) shall bear a

reference number separately given by each place or
office of issuance.

4. Each Certificate of Origin (Form D) shall bear the

manually executed signature and seal of the authorised
issuing authority.

5. The original copy shall be forwarded by the exporter to

the importer for submission to the customs authority at
the port or place of importation. The duplicate shall be
retained by the issuing authority in the exporting
Member State. The triplicate shall be retained by the
exporter.

Rule 8
Declaration of Origin Criterion

To implement the provisions of Article 26 of this Agreement,

the Certificate of Origin (Form D) issued by the final
exporting Member State shall indicate the relevant applicable
origin criterion in Box 8.
 Rule 9
Treatment of Erroneous Declaration in the Certificate of
Origin

Neither erasures nor superimpositions shall be allowed on

the Certificate of Origin (Form D). Any alteration shall be
made by:

(a) striking out the erroneous materials and making any

addition required. Such alterations shall be approved
by an official authorised to sign the Certificate of Origin
(Form D) and certified by the issuing authorities.
Unused spaces shall be crossed out to prevent any
subsequent addition; or

(b) issuing a new Certificate of Origin (Form D) to replace

the erroneous one.

Rule 10
Issuance of the Certificate of Origin

1. Subject to the submission of all documentary

requirements, the Certificate of Origin (Form D) shall
be issued by the issuing authorities of the exporting
Member State prior to or at the time of shipment or
soon thereafter but not more than three (3) days from
the declared shipment date, whenever the good to be
exported can be considered originating in that Member
State within the meaning of Chapter 3 of this
Agreement.

2. In exceptional cases where a Certificate of Origin

(Form D) has not been issued at the time of exportation
or no later than three (3) days from the declared
shipment date, due to involuntary errors or omissions
or other valid causes, the Certificate of Origin (Form D)
may be issued retroactively but no longer than one (1)
year from the date of shipment and shall be duly and
prominently marked “Issued Retroactively”.
 Rule 11
Back-to-Back Certificate of Origin

The issuing authority of the intermediate Member State may

issue a back-to-back Certificate of Origin in an application is
made by the exporter, provided that:

(a) a valid original Certificate of Origin (Form D) is

presented. In the case where no original Certificate of
Origin (Form D) is presented, its certified true copy
shall be presented;

(b) the back-to-back Certificate of Origin issued should

contain some of the same information as the original
Certificate of Origin (Form D). In particular, every
column in the back-to-back Certificate of Origin should
be completed. FOB price of the intermediate Member
State in Box 9 should also be reflected in the back-to-
back Certificate of Origin;

(c) For partial export shipments, the partial export value

shall be shown instead of the full value of the original
Certificate of Origin (Form D). The intermediate
Member State will ensure that the total quantity re-
exported under the partial shipment does not exceed
the total quantity of the Certificate of Origin (Form D)
from the first Member State when approving the back-
to-back Certificate of Origin to the exporters;

(d) In the event that the information is not complete and/or

circumvention is suspected, the final importing Member
State(s) could request that the original Certificate of
Origin (Form D) be submitted to their respective
customs authority;

(e) Verification procedures as set out in Rules 18 and 19

are also applied to Member State issuing the back-to-
back Certificate of Origin.
 Rule 12
Loss of the Certificate of Origin

In the event of theft, loss or destruction of a Certificate of

Origin (Form D), the exporter may apply in writing to the
issuing authorities for a certified true copy of the original and
the triplicate to be made out on the basis of the export
documents in their possession bearing the endorsement of
the words “CERTIFIED TRUE COPY” in Box 12. This copy
shall bear the date of issuance of the original Certificate of
Origin. The certified true copy of a Certificate of Origin
(Form D) shall be issued no longer than one (1) year from
the date of issuance of the original Certificate of Origin (Form
D).

Rule 13
Presentation of the Certificate of Origin

1. For the purposes of claiming preferential tariff

treatment, the importer shall submit to the customs
authority of the importing Member State at the time of
import, a declaration, a Certificate of Origin (Form D)
including supporting documents (i.e. invoices and,
when required, the Through Bill of Lading issued in the
territory of the exporting Member State) and other
documents as required in accordance with the laws
and regulations of the importing Member State.

2. In cases when a Certificate of Origin (Form D) is

rejected by the customs authority of the importing
Member State, the subject Certificate of Origin (Form
D) shall be marked accordingly in Box 4 and the
original Certificate of Origin (Form D) shall be returned
to the issuing authority within a reasonable period not
exceeding sixty (60) days. The issuing authority shall
be duly notified of the grounds for the denial of tariff
preference.
3. In the case where Certificates of Origin (Form D) are
not accepted, as stated in the preceding paragraph, the
importing Member State should accept and consider
the clarifications made by the issuing authorities and
assess again whether or not the Form D application
can be accepted for the granting of the preferential
treatment. The clarifications should be detailed and
exhaustive in addressing the grounds of denial of
preference raised by the importing Member State.

Rule 14
Validity Period of the Certificate of Origin

The following time limit for the presentation of the Certificate

of Origin (Form D) shall be observed:

(a) The Certificate of Origin (Form D) shall be valid for a

period of twelve (12) months from the date of issuance
and must be submitted to the customs authorities of
the importing Member State within that period.

(b) Where the Certificate of Origin (Form D) is submitted to

the customs authorities of the importing Member State
after the expiration of the time limit for its submission,
such Certificate of Origin (Form D) is still to be
accepted when failure to observe the time limit results
from force majeure or other valid causes beyond the
control of the exporter; and

(c) In all cases, the customs authorities in the importing

Member State may accept such Certificate of Origin
(Form D) provided that the goods have been imported
before the expiration of the time limit of the said
Certificate of Origin (Form D).
 Rule 15
Waiver of Certificate of Origin

In the case of consignments of goods originating in the

exporting Member State and not exceeding US$ 200.00
FOB, the production of Certificate of Origin (Form D) shall be
waived and the use of simplified declaration by the exporter
that the goods in question have originated in the exporting
Member State will be accepted. Goods sent through the post
not exceeding US$ 200.00 FOB shall also be similarly
treated.

Rule 16
Treatment of Minor Discrepancies

1. Where the ASEAN origin of the goods is not in doubt,

the discovery of minor discrepancies, such as
typographical error in the statements made in the
Certificate of Origin (Form D) and those made in the
documents submitted to the customs authorities of the
importing Member State for the purpose of carrying out
the formalities for importing the goods shall not ipso
facto invalidate the Certificate of Origin (Form D), if it
does in fact correspond to the goods submitted.

2. In cases where the exporting Member State and

importing Member State have different tariff
classifications for a good subject to preferential tariffs,
the goods shall be released at the MFN rates or at the
higher preferential rate, subject to the compliance of
the applicable ROO, and no penalty or other charges
shall be imposed in accordance with relevant laws and
regulations of the importing Member State. Once the
classification differences have been resolved, the
correct rate shall be applied and any overpaid duty
shall be refunded if applicable, in accordance with
relevant laws and regulations of the importing Member
State, as soon as the issues have been resolved.
3. For multiple items declared under the same Certificate
of Origin (Form D), a problem encountered with one of
the items listed shall not affect or delay the granting of
preferential treatment and customs clearance of the
remaining items listed in the Certificate of Origin (Form
D). Rule 18(c) may be applied to the problematic items.

Rule 17
Record Keeping Requirement

1. For the purposes of the verification process pursuant to

Rules 18 and 19, the producer and/or exporter applying
for the issuance of a Certificate of Origin (Form D)
shall, subject to the laws and regulations of the
exporting Member State, keep its supporting records
for application for not less than three (3) years from the
date of issuance of the Certificate of Origin (Form D).

2. The application for Certificates of Origin (Form D) and

all documents related to such application shall be
retained by the issuing authorities for not less than
three (3) years from the date of issuance.

3. Information relating to the validity of the Certificate of

Origin (Form D) shall be furnished upon request of the
importing Member State by an official authorised to
sign the Certificate of Origin (Form D) and certified by
the appropriate Government authorities.

4. Any information communicated between the Member

States concerned shall be treated as confidential and
shall be used for the validation of Certificates of Origin
(Form D) purposes only.

Rule 18
Retroactive Check

The importing Member State may request the issuing

authority of the exporting Member State to conduct a
retroactive check at random and/or when it has reasonable
doubt as to the authenticity of the document or as to the
accuracy of the information regarding the true origin of the
goods in question or of certain parts thereof. Upon such
request, the issuing authority of the exporting Member State
shall conduct a retroactive check on a producer/exporter’s
cost statement based on the current cost and prices, within a
six-month timeframe, specified at the date of exportation
subject to the following conditions:

(a) The request for retroactive check shall be

accompanied with the Certificate of Origin (Form D)
concerned and shall specify the reasons and any
additional information suggesting that the particulars
given on the said Certificate of Origin (Form D) may be
inaccurate, unless the retroactive check is requested
on a random basis;

(b) The issuing authority receiving a request for retroactive

check shall respond to the request promptly and reply
within ninety (90) days after the receipt of the request;

(c) The customs authorities of the importing Member State

may suspend the provisions on preferential treatment
while awaiting the result of verification. However, it may
release the goods 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;

(d) the issuing authority shall promptly transmit the results

of the verification process to the importing Member
State which shall then determine whether or not the
subject good is originating. The entire process of
retroactive check including the process of notifying the
issuing authority of the exporting Member State the
result of determination whether or not the good is
originating shall be completed within one hundred and
 eighty (180) days. While awaiting the results of the
retroactive check, paragraph (c) shall be applied.

Rule 19
Verification Visit

If the importing Member State is not satisfied with the

outcome of the retroactive check, it may, under exceptional
cases, request for verification visits to the exporting Member
State.

(a) Prior to the conduct of a verification visit, an importing

Member State, shall:

(i) Deliver a written notification of its intention to

conduct the verification visit to:

(1) the exporter/ producer whose premises are

to be visited;

(2) the issuing authority of the Member State in

whose territory the verification visit is to
occur;

(3) the customs authorities of the Member

State in whose territory the verification visit
is to occur; and

(4) the importer of the goods subject of the

verification visit.

(ii) The written notification mentioned in paragraph

(a)(i) shall be as comprehensive as possible
including, among others:

(1) the name of the customs authorities issuing

the notification;
 (2) the name of the exporter/producer whose
premises are to be visited;

(3) the proposed date for the verification visit;

(4) the coverage of the proposed verification

visit, including reference to the goods
subject of the verification; and

(5) the names and designation of the officials

performing the verification visit.

(iii) Obtain the written consent of the

exporter/producer whose premises are to be
visited.

(b) When a written consent from the exporter/producer is

not obtained within thirty (30) days upon receipt of the
notification pursuant to paragraph (a)(i), the notifying
Member State, may deny preferential treatment to the
goods that would have been subject of the verification
visit.

(c) The issuing authority receiving the notification may

postpone the proposed verification visit and notify the
importing Member State of such intention.
Notwithstanding any postponement, any verification
visit shall be carried out within sixty (60) days from the
date of such receipt, or for a longer period as the
concerned Member States may agree.

(d) The Member State conducting the verification visit shall

provide the exporter/producer whose goods are the
subject of the verification and the relevant issuing
authority with a written determination of whether or not
the subject goods qualify as originating goods.

(e) Any suspended preferential treatment shall be

reinstated upon the written determination referred to in
 paragraph (d) that the goods qualify as originating
goods.

(f) The exporter/producer will be allowed thirty (30) days,

from receipt of the written determination, to provide in
writing comments or additional information regarding
the eligibility of the goods. If the goods are still found
to be non-originating, the final written determination will
be communicated to the issuing authority within thirty
(30) days from receipt of the comments/additional
information from the exporter/producer.

(g) The verification visit process, including the actual visit

and determination of whether the subject goods are
originating or not, shall be carried out and its results
communicated to the issuing authority within a
maximum of one hundred and eighty (180) days. While
awaiting the results of the verification visit, Rule 18(c)
on the suspension of preferential treatment shall be
applied.

Rule 20
Confidentiality

Member States shall maintain, in accordance with their laws,

the confidentiality of classified business information collected
in the process of verification pursuant to Rules 18 and 19
and shall protect that information from disclosure that could
prejudice the competitive position of the person who
provided the information. The classified business
information may only be disclosed to those authorities
responsible for the administration and enforcement of origin
determination.
 Rule 21
Documentation for Implementing Article 32(2)(b)
(Direct Consignment)

For the purposes of implementing Article 32(2)(b) of this

Agreement, where transportation is effected through the
territory of one or more non-Member State, the following
shall be produced to the Government authorities of the
importing Member State:

(a) A Through Bill of Lading issued in the exporting

Member State;

(b) A Certificate of Origin (Form D) issued by the relevant

Government authorities of the exporting Member State;

(c) A copy of the original commercial invoice in respect of

the goods; and

(d) Supporting documents in evidence that the

requirements of Article 32(2)(b) paragraphs (i), (ii) and
(iii) of this Agreement are being complied with.

Rule 22
Exhibition Goods

1. Goods sent from an exporting Member State for

exhibition in another Member State and sold during or
after the exhibition for importation into a Member State
shall be granted preferential treatment accorded under
this Agreement on the condition that the goods meet
the requirements as set out in Chapter 3 of this
Agreement, provided that it is shown to the satisfaction
of the relevant Government authorities of the importing
Member State that:

(a) An exporter has dispatched those goods from the

territory of the exporting Member State to the
 Member State where the exhibition is held and
has exhibited them there;

(b) The exporter has sold the goods or transferred

them to a consignee in the importing Member
State;

(c) The goods have been consigned during the

exhibition or immediately thereafter to the
importing Member State in the state in which they
were sent for the exhibition.

2. For the purposes of implementing paragraph 1, the

Certificate of Origin (Form D) shall be provided to the
relevant Government authorities of the importing
Member State. The name and address of the exhibition
must be indicated. The relevant Government
authorities of the Member State where the exhibition
took place may provide evidence together with
supporting documents prescribed in Rule 21(d) for the
identification of the products and the conditions under
which they were exhibited.

3. Paragraph 1 shall apply to any trade, agricultural or

crafts exhibition, fair or similar show or display in shops
or business premises with the view to the sale of
foreign goods and where the goods remain under
customs control during the exhibition.

Rule 23
Third Country Invoicing

1. Relevant Government authorities in the importing

Member State shall accept Certificates of Origin (Form
D) in cases where the sales invoice is issued either by
a company located in a third country or by an ASEAN
exporter for the account of the said company, provided
that the goods meet the requirements of Chapter 3 of
this Agreement.
2. The exporter shall indicate “third country invoicing” and
such information as name and country of the company
issuing the invoice in the Certificate of Origin (Form D).

Rule 24
Action against Fraudulent Acts

1 When it is suspected that fraudulent acts in connection

with the Certificate of Origin (Form D) have been
committed, the Government authorities concerned shall
cooperate in the action to be taken in the respective
Member State against the persons involved.

2. Each Member State shall provide legal sanctions for

fraudulent acts related to the Certificate of Origin (Form
D).

Rule 25
FOB Price

For the purposes of this Agreement, notwithstanding Rule

11(b), the Certificate of Origin (Form D) and the back-to-back
Certificate of Origin shall only reflect the FOB price in cases
where the regional value content calculated using the
formula set out in Article 29 of this Agreement is applied in
determining origin.

Rule 26
Equivalence of Paper and Electronic Certificate of Origin
(e-Form D)

1. A Certificate of Origin (Form D) in electronic format

may be applied for, issued, and accepted in lieu of one
in paper format, with equivalent legal effect.

2. Rules 27 to 31 shall apply to Electronic Certificates of

Origin (e-Form D). Unless otherwise specified in Rules
27 to 31, Rules 1 to 6, 8, 10, 11, 14 to 16, and 18 to 25
 shall also apply to the processing of Electronic
Certificates of Origin (e-Form D).

Rule 27
Electronic Certificate of Origin (e-Form D)

1. In order to ensure interoperability, Member States shall

exchange Electronic Certificates of Origin (e-Form D)
in accordance with the e-ATIGA Form D Process
Specification and Message Implementation Guideline,
as may be updated from time to time.

2. In the event a Member State does not wish to

implement all the electronic processes and related
information elements specified in the e-ATIGA Form D
Process Specification and Message Implementation
Guideline, that Member State shall inform the other
Member States, through the ASEAN Secretariat, which
processes and related information elements it wishes
to implement.

Rule 28
Examination of Application for an Electronic Certificate
of Origin (e-Form D)

In place of Rule 6(a), an application for an Electronic

Certificate of Origin (e-Form D) shall electronically be
accepted, verified to be duly completed and authenticated.

Rule 29
Issuance of an Electronic Certificate of Origin (e-Form
D)

1. In exceptional cases, an exporter may apply to the

issuing authority, in accordance with the issuing
authority’s procedures, to re-issue an Electronic
Certificate of Origin (e-Form D), within one (1) year
from the date of issuance of the original Electronic
Certificate of Origin (e-Form D).
2. In addition to the electronic process specified in the e-
ATIGA Form D Process Specification and Message
Implementation Guideline, an Electronic Certificate of
Origin (e-Form D) may be forwarded directly to the
exporter by the NSW of the issuing Member State and
the Electronic Certificate of Origin (e-Form D) may be
forwarded directly to the importer by the exporter or by
the NSW of the importing Member State.

3. In exceptional cases, such as, but not limited to,

technical failures that trigger a loss of data, the
receiving Member State may request a re-transmission
of an Electronic Certificate of Origin (e-Form D) from
the sending Member State.

4. An alteration to an Electronic Certificate of Origin (e-

Form D) shall be made by issuing a new Electronic
Certificate of Origin (e-Form D), and the previous
Electronic Certificate of Origin (e-Form D) shall be
cancelled, in accordance with the process specified in
the e-ATIGA Form D Process Specification and
Message Implementation Guideline.

Rule 30
Presentation of the Electronic Certificate of Origin
(e-Form D)

1. For the purposes of claiming preferential tariff

treatment, the importer shall submit to the customs
authority of the importing Member State at the time of
import, an import declaration containing information on
the Electronic Certificate of Origin (e-Form D)
reference number, supporting documents (i.e. invoices
and, when required, the Through Bill of Lading issued
in the territory of the exporting Member State) and
other documents as required in accordance with the
laws and regulations of the importing Member State.
2. The customs authority in the importing Member State
may generate an electronic Customs Response
indicating the utilisation status of the Electronic
Certificate of Origin (e-Form D) in accordance with the
message implementation guideline for Customs
Response specified in the e-ATIGA Form D Process
Specification and Message Implementation Guideline.
The utilisation status, if generated, shall be transmitted
electronically via the ASW to the issuing authority
either soon after the import or as and when it has been
generated, within the validity period of the Electronic
Certificate of Origin (e-Form D).

3. In cases when an Electronic Certificate of Origin (e-

Form D) is rejected by the customs authority of the
importing Member State, the customs authority of the
importing Member State shall:

(a) generate an electronic Customs Response

indicating the rejection status with reasons for the
rejection, including, as appropriate, the reason for
denial of tariff preference, in accordance with the
e-ATIGA Form D Process Specification and
Message Implementation Guideline. The
electronic Customs Response, if generated, shall
be transmitted electronically via the ASW to the
issuing authority in the exporting Member State
within a reasonable period not exceeding sixty
(60) days from the date of receipt of the
Electronic Certificate of Origin (e-Form D); or

(b) in cases where the procedure in paragraph 3(a)

is not available, the customs authority of the
importing Member State may notify the issuing
authority of the exporting Member State in writing
of the grounds for the denial of tariff preference
together with the reference number of the
Electronic Certificate of Origin (e-Form D), within
 a reasonable period not exceeding sixty (60)
days.

4. In the case where an Electronic Certificate of Origin (e-

Form D) is not accepted, as stated in the preceding
paragraph, the importing Member State should accept
and consider the clarifications made by the issuing
authorities and assess again whether or not the e-Form
D application can be accepted for the granting of the
preferential treatment. The clarifications should be
detailed and exhaustive in addressing the grounds of
denial of preference raised by the importing Member
State.

Rule 31
Electronic Archiving and Data Retention

1. For the purposes of the verification process pursuant to

Rules 18 and 19, the producer and/or exporter applying
for the issuance of an Electronic Certificate of Origin
(e-Form D) shall, subject to the laws and regulations of
the exporting Member State, provide for the storage of
supporting records for application for an Electronic
Certificate of Origin (e-Form D) for not less than three
(3) years from the date of issuance of the Electronic
Certificate of Origin (e-Form D).

2. The application for an Electronic Certificate of Origin

(e-Form D) and all documents related to such
application shall be retained by the issuing authorities
for not less than three (3) years from the date of
issuance of the Electronic Certificate of Origin (e-Form
D).

3. Information relating to the validity of the Electronic

Certificate of Origin (e-Form D) shall be furnished upon
request of the importing Member State, by an
authorised official of the issuing authority.
4. Any information communicated between the Member
States concerned shall be treated as confidential and
shall be used for the purpose of Electronic Certificate
of Origin (e-Form D) validation only.