Member States shall endeavour to lay down detailed rules for lodging, declaring or checking the goods declaration and its supporting documents before the goods arrive. The ASEAN-India Merchandise Trade Agreement (the «Agreement») is a trade agreement between the ten ASEAN member states and India. (b) goods transiting through one or more Member States other than the Member State of export and the Member State of import or through a third country, provided that: (h) due process: access to appropriate redress procedures thus enhancing the security of commercial transactions in accordance with the applicable law of the Member States; and (a) facilitate trade between and between Member States while protecting human, animal or plant life or health in each Member State; (h) %quot%refund%quot% means the total or partial refund of customs duties and taxes paid on the goods and the remission in whole or in part of customs duties and taxes where payment has not been made; In addition to reducing tariffs, the agreement calls on all parties to establish predictable, consistent and transparent trade practices to reduce non-tariff barriers. These include simplifying customs procedures, ensuring transparency of permitted non-tariff measures, and preventing the introduction or maintenance of non-tariff measures by countries that are not WTO compliant. 3. Member States are encouraged to participate actively in the development of international standards, in particular in sectors with trade potential for ASEAN. 6. If no agreement is reached as a result of the consultations or negotiations referred to in paragraphs 3 and 4, the notification to the Council of the FTA shall also include a request for a recommendation from the ALETA Council. Member States shall, as far as possible, harmonise administrative procedures and practices for determining the customs value of goods.
Member States shall apply, where appropriate, information technology to customs operations on the basis of internationally recognised standards for the expedited clearance and release of goods. (d) necessary to ensure compliance with laws, regulations and administrative provisions which are not incompatible with the provisions of this Agreement, including those relating to the administration of customs authorities, the application of monopolies applicable pursuant to Article II(4) and Article XVII of GATT 1994, and the protection of patents, trademarks and copyrights and the prevention of deceptive practices; Creation of the World Trade Organization on 15 April 1994 and other agreements negotiated within that organization. (ii) where all non-originating materials used in the manufacture of the goods have undergone a change in the tariff classification (`CTC`) at the four-digit level (i.e. a change in tariff heading) of the Harmonised System. (e) consistency and predictability: trade-related rules and procedures should be applied in a consistent, predictable and uniform manner in order to minimise uncertainty for trade and trade-related parties. trade rules and procedures that provide competent authorities with clear and precise procedural guidelines with standard operating strategies and procedures and that must be applied on a non-discretionary basis; The Agreement applies to trade in physical goods and commodities; it does not apply to trade in services. ASEAN and India signed a separate ASEAN-India agreement on trade in services in 2014. Together with the ASEAN-India Investment Agreement, the three agreements together form the ASEAN-India Free Trade Area.
2. In order to facilitate trade, Member States may draw up equivalence agreements and recommend equivalence decisions, in particular in accordance with Article 4 of the SPS Agreement and the guidelines of the relevant international and regional standardisation bodies Codex, OIE, IPPC and ASEAN, as well as with the Committee on Sanitary and Phytosanitary Measures established by Article 12 of the SPS Agreement. Following the notification referred to in paragraph 2 of this Article, the requesting Member State shall enter into consultations or negotiations with those Member States which have made a notification in accordance with paragraph 3 of this Article. In negotiations with Member States with a significant supply interest[3], the requesting Member State shall maintain a level of reciprocal and mutually beneficial concessions which are no less favourable to trade by all other Member States of significant supply interest than the level provided for in this Agreement prior to those negotiations, which may include compensatory adjustments for other products. Countervailing measures in the form of duties shall be extended to all Member States on a non-discriminatory basis. This new analysis proposes to examine, among other things, two key areas: port facilities and competitiveness in the field of Internet services. According to the report, reforms in these areas could increase ASEAN trade by up to 7.5 percent ($22 billion) and 5.7 percent ($17 billion) respectively. In contrast, lowering tariffs applied in all ASEAN members to the regional average in Southeast Asia would increase intraregional trade by about 2% ($6.3 billion). [12] (ii) the goods did not enter commerce or consumption; and the administration of AFTA is carried out by the national customs and trade authorities of each ASEAN member.
The ASEAN Secretariat has the authority to monitor and ensure compliance with AFTA measures, but does not have the legal authority to enforce compliance with the measures. This has led to contradictory decisions on the part of ASEAN national authorities. The ASEAN Charter aims to strengthen the capacity of the ASEAN Secretariat to ensure consistent implementation of AFTA measures. (i) the cif value can be demonstrated at the time of importation or import of the goods; or 6. The value of the goods referred to in this Chapter shall be determined in accordance with Article 57. 2. Each Member State shall ensure the transparency of the non-tariff measures which it authorises pursuant to paragraph 1 of this Article in accordance with Article 12 and shall ensure that such measures are not developed, adopted or applied with the aim of creating or creating unnecessary barriers to trade between Member States. This Chapter shall apply, in accordance with the respective laws, regulations and administrative provisions and policies of the Member States, to the customs procedures applied to goods traded between Member States. (f) Harmonisation, standardisation and recognition: taking into account the need for each Member State to regulate or establish rules or regulations for legitimate purposes such as the protection of health, safety or public morals and the conservation of exhaustible natural resources, rules, regulations and procedures affecting the acceptance of goods between Member States shall, where appropriate, as far as possible, on the basis of: international standards. The development of mutual recognition arrangements for standards and conformity assessment results and further cooperation in the development of technical infrastructure are encouraged. (i) Cooperation: Member States shall endeavour to cooperate closely with the private sector in the development of trade facilitation measures, including through open channels of communication and cooperation between Governments and businesses.
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