Rules for Issuing Documentation

STANDARD RULES TO BE OBSERVED BY APPLICANTS FOR THE ISSUE OF CERTIFICATES OF ORIGIN OR FOR THE CERTIFICATION OF INTERNATIONAL TRADE DOCUMENTS

The Northern Ireland Chamber of Commerce of Commerce & Industry is an issuing authority authorised by Her Majesty’s Government under EC Regulation No. 2454/1993 for granting or certifying officially prescribed Certificates of Origin, which operates in this regard under the guidance and conditions of the Association of British Chambers of Commerce.
The following rules (hereinafter referred to as "the Standard Rules") have been designed to render as simple and as equitable as possible the procedure and formalities connected with the issue of Certificates of Origin and the Certification of international trade documents, and to secure uniformity of practice as between all issuing bodies. The issuing body, as an authorised issuing authority, has undertaken to enforce the Standard Rules and any alteration of modification thereof as may from time to time be approved by the Association of British Chambers of Commerce. Before Certification by the Chamber of any documents it is a condition that each applicant shall give, in writing, an undertaking to conform with, and be bound by, the Standard Rules operative at the time of Certification.

 

RULE 1

Certificates of Origin

  1. Certificates of Origin presented for certification by the Chamber must be on the official forms, which have been obtained from the Chamber. Each Certificate, Copy Certificate and Application form must, in all respects, comply with the requirements of the authority whose Certificate is to be issued and must be prepared and completed in accordance with any regulations, rules and instructions published by that authority and with any instructions, rules or notes on the forms.
  2. A copy of the export invoice, signed in accordance with Rule 3, in respect of the goods described in the Certificate of Origin must be produced with the Certificate.
  3. The goods must be described according to their commercial description, which must be the same as appears in the export invoice. If the space reserved in the Certificate for the description of the foods is insufficient the applicant must:

Either

  1. use two or more Certificate forms according to the space required. In this event the official number of the second and any further Certificate forms used must be deleted and the number of the first form used must be inserted in its place. Each form should be noted with the number of Certificate forms, which in total comprise the Certificate of Origin (e.g. "Page 1 of 3 Pages","Page 2 of 3 Pages", etc.);
    or
  2. firmly and permanently attach a copy of the export invoice, signed in accordance with Rule 3, to the Certificate, to each Copy Certificate and to the Application form. A general description of the goods and the words "According to the attached invoice no:….dated….." must be inserted in the space for the description of the goods on each of the forms.

Export Invoices

  1. Where it is necessary for a Certificate of Origin or any other certificate to be on the export invoice, applicants must present the invoice bearing requisite exporter’s declaration. Invoices must be presented in such number as may be specified by any requirements of the particular country to which the goods are being consigned or as required to meet reasonable commercial needs. The declaration on the original and on each copy invoice must be signed in accordance with Rule 3.
    Certificates and Invoices
  2. A copy of each document submitted to the Chamber for certification must be supplied for retention by the Chamber and must bear the signature of the person who signed the original declaration.

RULE 2

It is the responsibility of the applicant to make the appropriate declaration of origin of any goods, which are the subject of an application for a Certificate of Origin. The origin of the goods must be determined in accordance with the terms of the relevant Regulations of the European Communities.
In order that the Chamber may be satisfied as to the accuracy of the declaration the following must be met: -

  1. An applicant is to make available for examination by the Chamber, when required, his books and records. The Chamber shall have the right also to inspect the goods and to make any enquiries from other firms or organisations stated by the applicant to have been involved in manufacturing, applying any process to, or supplying the goods. Additionally, the Chamber has the right to make any further enquiries it deems necessary.
  2. Where the goods have been manufactured or processed by the applicant he must declare "of our/my manufacture", or otherwise detail the processes performed by him, after the description of the goods on the Certificate, the Application form or on the reverse thereof in accordance with the requirements of the certifying authority.
  3. If the applicant did not manufacture the goods, the applicant must state the name and address of the manufacturer and support the application by making available for inspection by the Chamber the invoice/s of the manufacturers or suppliers bearing a signed declaration as to the origin of the goods. Where commercial confidentiality requires it and the instructions of the authority allow it, the statement about the manufacturer may be shown on the Application form only and omitted from the Certificate and from any copies of the Certificate.
  4. In cases of re-exportation the applicant must produce evidence to identify the re-exported goods with the goods previously imported and support his declaration of origin by producing:-
    1. A Certificate of Origin of a responsible body in the country of export, or
    2. A declaration by the actual producer or manufacturer of the goods, or
    3. A copy of the import entry against which the goods were cleared by HM Customs, or
    4. In the case of goods bought from a third party, a signed statement from that party declaring the origin of goods.
  5. The applicant must provide any further information the Chamber deems necessary.



RULE 3

All applications for Certificates of Origin, all declarations made in connection with such applications and all declarations on invoices or on other documents for which certification is sought must be signed by principals, i.e.:-

  1. in the case of a sole trader, by the proprietor himself;
  2. in the case of a partnership, by a partner of the firm;
  3. in the case of a corporate body, by a director or the Secretary

Alternatively, a duly authorised official or agent of a sole trader, firm or corporate body may sign declarations etc. In the case of officials, a letter of authority signed by the Proprietor, a Partner of the firm, or a Director or the Secretary of the corporate body, together with a specimen signature of the person concerned, must be deposited with the issuing body (normally this is in the form of the Formal Undertaking combined with the list of authorised signatories). In the case of an agent such as a shipping or forwarding agent, the issuing body can proceed with the application on the basis of the applicant’s Formal Undertaking, but if there is any doubt whether the agent has the necessary authority, written authorisation from the agent’s principal should be requested.

RULE 4

If, at any time, any declarations made by an applicant or anyone providing supporting evidence should be called in question by any competent person or authority and the applicant does not, within seven days after being notified by the Chamber, satisfy the Chamber that the declaration or evidence was authentic, the Chamber shall be at liberty to communicate particulars of the case to the appropriate authorities.

RULE 5

The Standard Rules may from time to time be altered, amended or replaced by new Rules approved by the Association of British Chambers of Commerce. Any such modification, alteration or replacement, and the date from which such shall be effective, will be made known to applicants by the Chamber in writing. From the date on which any such modification, alteration or replacement of the Rules takes effect, applicants will be deemed to have had notice of it and be bound thereby.

RULE 6

Notwithstanding anything contained in the foregoing Rules, the Chamber reserves to itself the right, at any time and without indicating any reason whatsoever, to refuse to verify or certify Certificates of Origin or invoices (or other documents) which may be presented to it for verification or certification.


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