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What is a Certificate of Origin? | COO DGFT meaning

A Certificate of Origin (CoO) or proof of origin is a crucial Exim document as it:

• Identifies the country of origin of goods or commodities. 
• Verifies the legality of the exported or imported goods.
• Determines applicable duties for import and export.
• Includes various details such as the
  • nature of the product
  • its intended destination
  • and the countries involved in the export process. 
• Facilitates international trade and cross-border transactions, by the terms outlined in trade agreements and treaties between nations.

Importance of CoO Certificate or Letter of Origin

The primary function of a Certificate of Origin is to provide evidence of the country of origin in which the product was produced, ensuring transparency to safeguard against misrepresenting the product’s origin. 

A CoO becomes important for the following reasons:

1. Customs clearance: The Certificate of Origin serves as a tool for customs officers & CHA to ascertain the applicable duties and to verify the legality of the goods before they are released from the warehouse.
2. Preferential duty: Its primary utility lies in leveraging preferential duty benefits based on various trade agreements.
3. Legality: It plays a vital role in ensuring that the exported goods have not undergone unauthorized reshuffling by the exporter after being imported from another country.
4. Compliance: There are various restrictions imposed by certain countries on the importation of specific commodities. Failure to comply with these regulations can result in severe penalties.

Many stakeholders actively participate in global trade, sharing details about the origin of their products. Both transportation officials and consumers show keen interest in obtaining information about the country of origin for every individual item involved in the process. 

Benefits of Proof of Origin or Cert of Origin

• Tariff reduction: A Certificate of Origin aids exporters in securing favorable tariff rates, reducing financial burdens, and enhancing competitiveness in foreign markets.
• Compliance with import regulation: The document ensures seamless customs clearance and prevents potential trade impediments relating to labeling, packaging, and safety standards.
• Access to trade benefits: A Certificate of Origin acts as tangible proof of eligibility for granting access to trade benefits beyond tariff reduction, including government incentives, subsidies, or quotas.
• Authenticity and traceability: The certificate fosters transparency and traceability in supply chains, serving as a deterrent against counterfeiting and unauthorized shipments.
• Trade data collection and analysis: Certificate of Origin contributes significantly to the collection of trade data, enabling authorities to monitor and analyze trade flows.

Need of Bill of Origin or Certificate of Origin

Mandatory issuance of a Certificate of Origin is imperative when exporting products from a specific country.

The following points have to be kept in mind while procuring a CoO for exporting goods:

1. Compliance with country-specific laws: The complexity of compliance arises from the fact that each country has its own set of rules, placing the responsibility on the importer in the destination country to familiarise themselves with these regulations.
2. Declaration of Origin: While certain countries accept a ‘Declaration of Origin’ printed on a company’s letterhead as sufficient, more stringent rules are in place in other nations. 
3. Endorsement: Where the Certificate of Origin requires notarization. In such instances, a local Chamber of Commerce must provide a signed endorsement, duly authorized by the relevant Department of Commerce.

Who is the certificate of origin issued by?

The Certificate of Origin is issued by the collaboration of: 

• Indian Chamber of Commerce, and 
• Trade Promotion Council of India. 

Upon obtaining the certificate of origin, the exporter is required to do the following:

1. Endorse it along with a permanent indemnity bond executed on a non-judicial stamp of Rs. 10, which must be duly notarized. 
2. The certificate needs to be authenticated through the signature and stamp of the Chamber of Commerce or another qualified authority.

Common Digital Platform for Issuance of CoO India

The common digital platform serves as the unified gateway for accessing Preferential Certificates of Origin (CoO) related to various Free Trade Agreements and Preferential Trade Agreements crafted to:

• Streamline the process of issuing Certificates of Origin securely and paperlessly.
• Enhance convenience for exporters. 

All agencies authorized to issue Certificates of Origin are mandated to utilize this portal for their operations.

Types of Certificate of Origin India

1. Preferential Certificate of Origin

A Preferential Certificate of Origin is issued to products: 

• Eligible for preferential tariff benefits.
• Arising from bilateral or multilateral trade agreements. 

Participating nations agree to grant such exemptions for goods being traded between them, facilitating smoother import and export processes. 

India benefits from tariff preferences through various schemes, including:

• Generalized System of Preference (GSP): This initiative is designed to bolster developing nations by providing them preferential treatment in trade tariffs from more industrialized and advanced countries. GSP operates as a non-binding tool, unilaterally granting tariff concessions without requiring reciprocal actions, and is rooted in the extension of non-reciprocal tariff benefits.
• Global System of Trade Preference (GSTP): Under this system, tariff concessions are extended among developing countries that are parties to a specific agreement. The Export Inspection Council (EIC) holds exclusive authority for issuing CoO within the framework of GSTP.
• South Asian Free Trade Agreement (SAFTA): SAFTA serves as the free trade framework for the South Asian Association for Regional Cooperation (SAARC). It officially took effect in 2006, replacing the earlier 1993 SAARC Preferential Trading Arrangement. The nations that have signed the SAFTA agreement include Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Sri Lanka and Pakistan.
• SAARC Preferential Trading Agreement (SAPTA): SAPTA signifies the shared commitment of its member states to enhance and maintain economic collaboration and trade within the SAARC region by facilitating the reciprocal granting of tariff concessions. The participating nations include Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.
• Asia-Pacific Trade Agreement (APTA): Currently, India, China, South Korea, Sri Lanka, and Bangladesh engage in reciprocal tariff concessions through the APTA. It aims to facilitate the reduction of both tariff and non-tariff barriers, promoting increased trade in goods within the Economic and Social Commission for Asia and the Pacific (ESCAP) region.
• India-Sri Lanka Free Trade Agreement (ISLFTA): The ISLFTA establishes a free trade relationship between India and Sri Lanka. Under this accord, the EIC holds exclusive authority for the issuance of Certificates of Origin.
• Indo-Thailand Free Trade Agreement: This agreement is a pact between India and Thailand that aims to implement the Early Harvest Scheme. This scheme grants tariff preferences to products meeting specified ‘Rules of Origin’ criteria outlined by the Department of Revenue. 
• India-Malaysia Comprehensive Economic Cooperation Agreement (IMCECA): It grants exclusive authority to the EIC for the issuance of Certificates of Origin.
• India-Korea Comprehensive Economic Partnership Agreement (IKCEPA): This agreement was established between India and the Republic of Korea to enhance business and commercial prospects. The sole authority for issuing Certificates of Origin under this agreement is vested in the EIC. 
• India- Japan Comprehensive Economic Partnership Agreement (IJCEPA): This pact is a bilateral agreement between India and Japan aimed at enhancing and safeguarding investments made within their respective territories. Within the framework of this accord, exclusive authority for the issuance of Certificates of Origin rests with the EIC. 
• ASEAN-India Free Trade Agreement (AIFTA): This establishes a pact between India and Japan to enhance and safeguard investments made between the two nations. Within this agreement, the EIC holds exclusive authority for issuing Certificates of Origin.
• India-UAE Comprehensive Economic Partnership Agreement (India-UAE CEPA): It aims to phase out tariffs on over 10,000 tariff lines over 10 years. This agreement is anticipated to significantly influence trade relations between India, UAE, and the broader Gulf Cooperation Council (GCC) region.
• India-Singapore Comprehensive Economic Cooperation Agreement (ISCECA): The ISCECA was signed in 2005 to fortify economic, trad,e and investment cooperation between India and Singapore. This agreement seeks to reinforce the overall collaboration between the two nations.

2. Non-Preferential Certificate of Origin

A Non-Preferential CoO is also termed an “Ordinary Certificate of Origin”. A non-preferential CoO signifies that: 

• Goods exported do not meet the criteria for tariff exemptions outlined in bilateral trade agreements. 
• No explicit trade pact is in place.

Exporter Registration

Exporters are required to utilize the e-CoO platform for the submission of Certificate of Origin export applications to the assigned issuing agencies. Exporters should be mindful of the supplementary details when registering on the Common Digital Platform:

• Digital Signature Certificate: To perform electronic verification, a Digital Signature Certificate (DSC) is essential, and it should align with the DSC used in other DGFT applications.
• Class: The DSC must be an IEC Based Class 3 Organization DSC
• Registration: New exporters must initiate registration on the e-platform. The login credentials will be sent to the email and mobile number associated with the IEC holder. 
• Email: If there’s a need to update the communication email, the IEC holder can accomplish this through the ‘IEC Profile Management’ service on the Directorate General of Foreign Trade (DGFT) website.
• IEC details: Upon completing the registration, the IEC branch details will automatically populate based on the DGFT-IEC database.
• Updation: It is the applicant’s responsibility to ensure that updated IEC details are maintained in the DGFT system. Any necessary modifications to IEC details can be performed online as required.

How to get a Certificate of Origin CoO

Preferential Certificate of Origin

Country of Origin documents required

To obtain a Certificate of Origin, exporters are required to furnish the following:

1. An invoice from the manufacturer or commercial entity specifying the country of origin for the goods.
2. A duly completed certificate of origin form.
3. An affidavit, notarized to attest to the accuracy of the information supplied.
4. Any supplementary supporting documents following the Certificate of Origin prerequisites set by the customs authority of the importing country.

Procedure for filing a Preferential certificate of origin

The Trade Notice for Electronic filing and issuance of Preferential Certificate of Origin released by the DGFT in 2022, conveyed the expansion of the Common Digital Platform for Issuance of Certificate of Origin to include additional Free Trade Agreements/preferential Trade Agreements. This enhancement aims to streamline the electronic application process for Preferential CoO.

1. Registration & login: Navigate to the Registration and Login section on the Common Digital Platform’s home page. Enter your credentials and solve the captcha, then proceed by clicking the login button.
2. Application form: Upon successful login, access the dashboard and choose the option for ‘Online Application’ under the Certificate of Origin (CoO) Scheme. The application form will be presented, and you can input the necessary information. 
3. Documents: Once you’ve provided the required details, upload the digitally signed documents and click the submit button.
4. Preview & payment: Review the draft CoO by clicking on ‘Preview Certificate’ or initiate the payment process by selecting ‘Make Payment’.  
5. Notification: Following the successful submission of the application, the exporter will be notified through email and SMS. This information is also communicated to the relevant office where the application was submitted. 

Please refer to the Registration Manual for further details – https://coo.dgft.gov.in/manuals/RegistrationManual.pdf

Non-Preferential Certificate of Origin

Documents required for Country of Origin

To obtain a Non-Preferential CoO the following documents must be provided:

1. Information on the quantity and origin of inputs or consumables utilized in the production of the exported item.
2. Two duplicates of the invoices related to the export transaction.
3. Duplicate packing lists corresponding to the relevant notice. 

Procedure for filing a Non-Preferential CoO

Exporters are required to utilize the e-CoO platform for submitting applications for Non-Preferential CoO for their exports, and no manual applications for such CoOs should be presented to the designated issuing agencies after April 15th, 2021. Nevertheless, any manual applications submitted before the specified date will still be considered for processing by the issuing agencies. 

1. Registration & login: Navigate to the Registration and Login section on the Common Digital Platform’s home page. Enter your credentials and solve the captcha, then proceed by clicking the login button.
2. Application form: Upon successful login, access the dashboard and choose the online application option for the Non-Preferential Certificate of Origin (CoO) Scheme. The application form will be presented, and you can input the necessary information. 
3. Upload documents: Once you’ve provided the required details, upload the digitally signed documents and click the submit button.
4. Preview & payment: Review the draft CoO by clicking on ‘Preview Certificate’ or initiate the payment process by selecting ‘Make Payment’.  
5. Notification: Following the successful submission of the application, the exporter will be notified through email and SMS. This information is also communicated to the relevant office where the application was submitted. 
6. Format of CoO: Following the submission of applications, the Common Digital Platform will produce all current CoO in both physical and electronic formats. The digital version will feature the officer’s signature and official stamp from the issuing agency. 
7. Physical copies: The exporter has the option to obtain the remaining physical copies, ensuring they are manually signed by the issuing officer with proper authorization from the designated issuing office. 

Please refer to the Registration Manual for further details – https://coo.dgft.gov.in/manuals/RegistrationManual.pdf

Laws on Certificate of Origin India

Section 28DA of Customs Act, 1961

This section outlines the essential due diligence responsibilities placed on importers to ensure the fulfillment of claimed originating criteria.

Section 28DA of the Act additionally outlines provisions for: 

• Mandating importers to actively gather and possess comprehensive origin-related information, since mere submission of a Certificate of Origin is deemed inadequate.
• Verifying origin with foreign authorities.
• Temporary suspension of preferential treatment. 
• Circumstances in which a claim may be rejected or a certificate denied. 

Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 [CAROTAR, 2020]

The CAROTAR, 2020 seeks to complement the established operational certification outlined in various trade agreements:

• Importers’ due diligence: The rules outline importers’ obligation to perform a basic level of due diligence before bringing in goods, along with a minimum set of information that importers must possess during the importation process.
• Bill of Entry: The rules mandate the inclusion of specific origin-related details from the Certificate of Origin into the Bill of Entry [Rule 3 of CAROTAR, 2020].
• Adequacy of information: It emphasizes that importers claiming preferential tariff treatment must have ample information about the origin of goods [Rule 4 of CAROTAR, 2020].
• Duty of customs officers: When there are doubts about the declared origin in a CoO, customs officers are required to inquire about relevant origin details from the importer before initiating verification with the partner country [Rule 5 of CAROTAR, 2020].

Customs Tariff (Determination of Origin of Products under the Duty-Free Tariff Preference Scheme for Least Developed Countries) Rules, 2015

In 2008, India introduced the Duty-Free Tariff Preference (DFTP) Scheme specifically for Least Developed Countries (LDCs) with the primary objective of strengthening their trade endeavors. 

The Rules of 2015 contain the following provisions related to Certificate of Origin:

• Rule 10- Direct Consignment:

To avail tariff preferences for an imported product, it is necessary to furnish a CoO issued by the relevant authority in the exporting beneficiary country. This certificate attests that the product is directly dispatched from the exporting beneficiary country.

• Rule 12- Specimen signatures and seal:

Every recipient nation must furnish, via postal and electronic means, the names and contact details of the designated officials empowered to endorse the CoO. Additionally, they are required to submit the authentic sets of their representative signatures and official seal specimens to the relevant department with the Central Board of Excise and Customs, under the Department of Revenue, Ministry of Finance, within the Government of India. 

• Rule 13- Application for issuing CoO:

Any exporter or producer desiring the issuance of a CoO by these regulations must apply to the issuing authority of the exporting beneficiary country.

• Rule 14- Verification of application:

The issuing authorities are required to thoroughly examine each application for a CoO, ensuring that the application is properly completed and signed by the exporter, producer, or authorized signatory, to the best of their competence and ability.

• Rule 15- Issuance of CoO:

– To qualify for preferential treatment, products must be accompanied by a CoO as outlined in Annexure C (format given in the images below)

– The CoO is required to be on A4 size paper by the International Organisation for Standardisation (ISO).

– Every CoO issued by the issuing authority must carry a distinct serial number.

– The CoO should be drafted in the English language.

– Any form of erasure and superimposition of the CoO is strictly prohibited. 

– The CoO must be issued either at the time of exportation or within seven working days from the date of shipment. 

• Rule 16- Validity:
  

The validity period for the CoO extends for 1 year starting from its issuance date.

• Rule 17- Presentation:

Except retroactively issued CoO, the original document must be presented to customs authorities in India when filing the import declaration for the relevant product, for which a preferential tariff is being claimed.

• Rule 20- Verification:

In cases where there arises reasonable doubt regarding the authenticity of the CoO or the accuracy of information about the genuine origin of the product covered by the certificate, or certain components thereof, or when checks are conducted randomly, the Central Board of Excise and Customs has the authority to request the issuing authority in the beneficiary country to perform a retrospective examination.

Read the Rules of 2015 published in the Official Gazette here-

https://bdpindia.com/wp-content/uploads/2015/03/CTnt29-2015.pdf

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Certificate Of Origin I FAQs

Certificate of Origin meaning? certificate of origin definition

A Certificate of Origin is a document that certifies and declares the country where the goods in a particular shipment were produced, providing information about the origin of the products.

What is in a Certificate of Origin?

• Exporter details
• Consignee details
• Means of Transport
• Details of issuing authority
• Details of consignment like quantity, description, weight, invoice details
• Stamp of issuing authority

Is a COO certificate of origin mandatory?

A CoO is a mandatory document primarily essential for customs clearance. Without this certificate accompanying the exported/imported goods, customs officials may prohibit the release of the goods from the warehouse.

Who issues a CoO?

A Certificate of Origin is issued by both the Indian Chamber of Commerce and the Trade Promotion Council of India.

How long is a CoO valid?

A Certificate of Origin remains valid for 12 months starting from the date it was issued.

What are the benefits of a CoO for exporters?

Many countries provide preferential tariff rates for goods originating from particular countries or under certain trade agreements. Exporters can capitalize on these tariff concessions with a valid CoO, enhancing the competitiveness of their goods.

What are the different types of CoO?

Many countries provide preferential tariff rates for goods originating from particular countries or under certain trade agreements. Exporters can capitalize on these tariff concessions with a valid CoO, enhancing the competitiveness of their goods.

How can I get a certificate of origin online?

To request a CoO, you can initiate the application process through the DGFT’s Common Digital Platform. To get started, follow the steps provided on the DGFT portal by accessing coo dgft gov in.

What are the Rules of Origin?

Rules of Origin establish the criteria required for determining the country of origin of a product. The Rules of Origin in India is the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020.

What documents are required to issue a certificate of origin for export?

• Digital signature certificate. 
• Import-export Code. 
• Commercial Invoice. 
• Product description. 
• Purchase order from importer.

Where can I find an agent to help me issue a CoO?

JPARKS INDIA Pvt. Ltd. specializes in obtaining both Preferential and Non-Preferential CoOs within 1-2 days at the most affordable rates. Call now on +91 9167379073 to get a certificate of origin.