أسئلة قانونية إماراتية عامةقرار مجلس الوزراء بشأن اللائحة التنفيذية للقانون الاتحادي بشأن قواعد وشهادات المنشأ

Article (1) Definitions The definitions stated in the aforementioned Federal Law No (11) of 2019 shall apply to this Resolution; otherwise, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: The Ministry of Industry and Advanced Technology and the local authorities concerned with industrial affairs in the State. : Competent Authorities The Federal Authority for Identity, Citizenship, Customs and Ports Security. : ICP

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rules and Certificates of Origin 2 The automated information system applicable by the Depar…

Article (2) Wholly Obtained Commodities 1. The commodity shall be deemed to belong to the country of origin from which it was wholly obtained in the case of marine fishing products and other products obtained from outside the territorial waters of the State by ships of that country, and products manufactured on board these ships, in accordance with the following controls: a. If it has been registered or enlisted in that country. b. If the ship sails under the flag of that country. 2. The provisions and rules stipulated in Federal Law No. (26) of 1981 Concerning the Maritime Commercial Law and its amendments shall apply to determining the nationality of the ship contained in Paragraph (1) abo…

Article (3) Wholly Processed, Produced or Manufactured Commodities The product shall be deemed from the country of origin in which it is obtained and contains materials that are not fully obtained therein, in accordance with the following standards and controls: 1. The Conventions shall specify the conditions and controls for deeming that commodities have been adequately processed, operated or manufactured within the country with regard to determining the preferential origin.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rules and Certificates of Origin 3 2. Adequate processing, operation or manufacturing processes must…

Article (4) Standards and Controls Necessary to Deem That Commodities Have Been Adequately Processed, Operated or Manufactured The product shall be deemed to have been adequately processed, operated, or manufactured in determining the non-preferential origin, in accordance with the following standards and controls: 1. The country in which the product has undergone the last major operation or processing, in compliance with the following requirements: a. These operations must be economically justified. b. These operations must take place inside a facility that is equipped for this purpose. c. These operations must result in the manufacture of a new product or represent an important stage of ma…

Article (5) Events of Proof of Country of Origin Proving the country of origin of commodities imported into the State shall be subject to the following: 1. The preferential country of origin of commodities imported into the Stare shall be proved in accordance with the rules agreed upon in the framework of the Conventions, in order to obtain the preferential treatment specified in these Conventions. 2. The non-preferential country of origin of commodities imported into the State shall be proven through any of the following: a. Non-preferential certificate of origin. b. A commercial invoice issued by the competent authority of the country of export bearing the proof of origin. c. A non-removab…

Article (6)

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rules and Certificates of Origin 5 Events of Exemption from Submitting Proof of Origin Commodities imported into the State may be exempted from submitting a certificate or documents to prove the country of origin, according to the following: 1. Commodities imported into the State shall be exempted from submitting a certificate or documents to prove the preferential country of origin as determined by the provisions of the Conventions. 2. Commodities imported into the State may be exempted from submitting a certificate or documents to prove the non-preferential coun…

Article (7) Issuance of Preferential Certificates of Origin for National Commodities

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rules and Certificates of Origin 6 1. The Ministry shall issue preferential certificates of origin for national commodities exported abroad, in accordance with the rules and forms specified by the Conventions. 2. Subject to Paragraph (1) of this Article, the Ministry shall issue preferential certificates of origin for national commodities exported abroad based on an application submitted by the exporter or its representative through the electronic system for issuing certificates of origin. 3.…

Article (8) Issuing Non-preferential Certificates of Origin for National Commodities by the Ministry 1. The Ministry shall issue non-preferential certificates of origin for national commodities exported abroad, in accordance with the standards stipulated in Article (4) of this Resolution, and the following procedures: a. The Ministry shall issue non-preferential certificates of origin for national commodities exported abroad based on an application submitted by the exporter or its representative through the electronic system for issuing certificates of origin. b. The exporter or its representative shall, in order to apply for the issuance of a non- preferential certificate of origin, registe…

Article (9) Issuing Non-preferential Certificates of Origin for National Commodities by the Chamber 1. The Chamber shall, in coordination with the Ministry, issue non-preferential certificates of origin for national commodities exported abroad, in accordance with the standards stipulated in Article (4) of this Resolution, and the following procedures: a. The exporter or its representative may submit a request to issue a non-preferential certificate of origin for national commodities to the Chamber in accordance with the procedures approved thereby in this regard. b. The Chamber shall verify the data and documents attached to the application to issue a non-preferential certificate of origin f…

Article (10) Coordination Between the Ministry and the Competent Authorities 1. Subject to the provisions of Articles (7), (8) and (9) of this Resolution, certificates of origin for industrial national commodities shall be granted to exporters who own industrial establishments for whom an industrial licence has been issued by the Competent Authorities in the State. In the event that the exporter is not from the industrial establishment, a copy of the industrial licence of the concerned industrial establishment must be attached to the application for a certificate of origin. 2. The Department shall coordinate with the Competent Authorities in the procedures for issuing certificates of origin…

Article (11) Validity Period of the Certificate of Origin 1. The validity of the preferential certificate of origin shall be six (6) months unless the Conventions specify another period of validity. 2. The validity of the non-preferential certificate of origin for national commodities exported abroad is for a period of six (6) months as of the date of its issuance in the State; and the Department or Chamber, as the case may be, may extend it for a period of four (4) months at the request of the exporter or its representative in a manner that does not conflict with the validity period of the products, if any.

Article (12) Register of Certificates of Origin

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rules and Certificates of Origin 10 1. A register shall be established with the Department to enter all preferential and non- preferential certificates of origin for national commodities exported outside the country, called the Electronic Register of Certificates of Origin. 2. All data entered in the Electronic System of Certificates of Origin shall be entered in the Electronic Register of Certificates of Origin in order to obtain preferential and non- preferential certificates of origin for national commodities. 3. A copy of al…

Article (13) Reasons and Procedures for Verification of the Validity of Origin 1. For the purposes of implementing Paragraph (2) of Article (9) of the Law, the Department shall, in the event of refusal to grant preferential treatment to products imported into the State, return the certificate of origin with the documents related thereto to the authority competent to issue the certificate of origin in the country of export for the purpose of requesting the verification of the validity of the origin, explaining the reasons for the verification request. 2. Verification shall be made on the basis of serious doubts regarding the following: a. Validity of Documents. b. Validity of the origin of th…

Article (14) Reviewing the Documents of the Country of Origin 1. The Department may carry out a selective subsequent review of the documents proving the country of origin when it has serious doubts about the validity of these documents, the origin of the products concerned, the data and information provided to prove the country of origin, or other relevant reasons regarding the true origin of the commodity. 2. For the purposes of implementing Paragraph (1) of this Article, the Department shall return the certificate of origin with the documents that were submitted to the authority competent to issue certificates of origin in the country of export for the purpose of verifying the validity of…

Article (15) Controls and Procedures for Subsequent Review of Documents of the Country of Origin 1. The customs offices shall provide the Department with copies of the preferential certificates of origin upon import into the State at the request of the Department, allowing it to view copies of the preferential certificates of origin that were submitted to the customs offices to obtain preferential treatment for the purposes of a subsequent selective review of the validity of documents proving the country of origin or the origin of products concerned or the data and information provided to prove the country of origin in accordance with the requirements of Paragraph (1) of Article (10) of the…

Article (16) Simple and Formal Differences 1. The discovery of minor differences between the data contained in the certificate of origin and customs clearance documents for non-preferential certificates of origin shall not automatically lead to deeming the certificate of origin as void, when the following is proven: a. That these documents are specific to the products offered. b. That these differences do not affect or violate the legislation in force, and this shall be subject to the discretion of the customs office. 2. Minor differences between the data contained in the certificate of origin and customs clearance documents for preferential certificates of origin shall be determined in acco…

Article (17) Repeals Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

Article (18) Resolution Publication and Enforcement This Resolution shall be published in the Official Gazette and shall be enforced thirty (30) days after the date of its publication.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rules and Certificates of Origin 14 Mohamed Bin Rashid Al Maktoum Prime Minister Issued by Us: On: 27 Ramadan 1443 H Corresponding to: 28 April 2022 AD

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