- Terms and Conditions.
- The Arabic Origin Rules and Forms.
Terms and Conditions
The Concept of the Certificates of Origin:
The Certificate of origin: a document stating that the goods exported abroad are of national origin or have acquired the national origin characteristics, and issued from and ratified by the Ministry of Commerce and Industry, and classified as follows:
First: certificates of origin stipulated under particular convention or system that the national products can benefit from it in the preferential treatment, and which has been prepared or modified under conventions or economic systems and provided for export to the countries covered by those conventions or regulations and are available in the certificate instructions in the Convention or the system.
The certificates that are applied now in accordance with that are:
1. Certificates prepared in accordance with the Unified Economic Agreement of the Arab Gulf States
- Certificate of origin for national industrial products exported to the Arab Gulf States.
- Certificate of origin for national agricultural and livestock products exported to the Arab Gulf States.
- Certificate of origin for the products of the national natural resources exported to the Arab Gulf States.
2. Certificate of origin for all products exported to Arab countries, according to the agreement to facilitate and develop the trade exchange among Arab countries.
3. Certificate of Origin (in English) form (a) of the Generalized System of Preferences is granted for the export of national products exported to countries that includes the Kingdom within the GSP granted for the developing countries.
Second: Certificate of Origin prepared by the Ministry according to the requirements of the public interest and the need of national exports or exporters, namely:
- Certificate of origin, bilingual General form (English and Arabic), is granted to the national export of goods where there are no specific instructions under certain conventions or regulation or when exporting to countries that not included in agreements or specific regulations.
- Certificate of Origin specified for (Aramco) to export some of its products.
The Procedures for Granting a Certificate of Origin
The certificate of origin is granted for exporters of natural persons and legal entities for the export of any national commodity, after fulfilling the procedures, according to the following:
First: Requesting the Certificate
The exporter submits his request (according to the designated form) to the competent authority of issuing certificates of origin in the Ministry of Commerce and Industry, and the form must follow the following conditions:
1. The application must be signed from the exporter or his legal representative and containing his name and description.
2. Each type of certificates must have a separate request that suits the data required for the certificate, and each producing establishment must have a separate certificate.
3. The application must be in Arabic and if the exporter desires that the certificate be in English when exporting to non-Arab countries, then the application should be in both Arabic and English.
4. The application must include sufficient information about the exporter as well as the producing establishment that is enough to identify them and contact them. The information must match the details listed in the Commercial Registration, if any.
5. The application must include the information to be written in the certificate, and the name of the commodity must be clear, and if it is not clear to the issuer of the certificate, then it should be labeled according to the Harmonized System Code for the classification of Commodities with an indication to the (code).
6. The application must include a pledge from the exporter with the following:
- That the item described in the application is a production of Saudi Arabia and all the information recorded in the certificate is correct, and the applicant must be ready to provide any requested documents to substantiate the information.
- That he never obtained a certificate of origin for this commodity, and the origin indication is placed on the goods in a way that is difficult to be removed or edited, or on the outside cover of the goods where it is difficult to write on the goods themselves.
- Provide any documentation requested later on within a period that does not exceed three years from the date of issuance of the certificate, both to validate the data provided by, or to demonstrate the proper use of the certificate for what it was granted for, including exporting information to prove that the goods had been exported from one of the Saudi customs ports.
Second: The Application-Specific Regulations
1. If the exporter has no fixed address or the exporter is a foreigner or the address is not specified by a record or license, then the certificate application is signed by a natural person or legal entity that has a fixed address to be identified and referred to, and he serves as the exporter in any obligations or responsibilities, and the exporter will not be requested nor any form of certificates of origin that requires his signature will be used.
2. If the consignment contains several products of a single facility and the exporter wishes to list it in full, but the application's fields are not enough for it neither the certificate's fields, so there can be multiple certificates with independent application for each, and each application is given a separate number.
3. If the exporter desires to obtain a copy in lieu of lost, damaged, or one or more duplicate copies, then he has to submit an application for that and refer to the number and date of the previous certificate, and attach a copy of the certificate with the application, and for the duplicate he should justify his request in the application. He will be given a copy with the same number and date of the original certificate but it will state next to its number the following words (in lieu of lost or damage, or duplicate copy), and the exporter can submit his request to any branch of the Ministry if the information of the original certificate of origin is accessible on the Ministries computers.
4. If the exporter wishes to modify the data of a certificate of origin that is already obtained, then he must submit an application for that and refer to the certificate number and the old data to be modified along with the new data, and if the certificate was in English, then the application data must be in both Arabic and English, and he must attach the original certificate with the application, If he cannot attach the original certificate, then he should specify the reasons in his application, and if the reasons are valid; the modifications will be performed on the copy and it will be accredited by stamping it with the official certificates seal, with the following statement written on it (this is the validation of the data on the certificate).
The exporter can submit his request to any branch of the Ministry if the information of the original certificate of origin is accessible on the Ministries computers.
5. All the applications referred to previously (certificate request, request for a lieu of lost, damaged, or a duplicate copy, request for modification), must be certified by the Chamber of Commerce and Industry according to the following conditions:
- The ratification fee must be fulfilled for each application, and with multi applications comes multi fees.
- Exempted from the ratification fees are individual farmers and fishermen, even if they exported for the purpose of trading, also ordinary people who request certificates of origin for products that are clearly not commercial from the nature of the product and its quantity or the non-repetitive request, and the application must be submitted and signed by the same exporter, or a legal agent or authorized representative on his behalf as long as the authorization is certified by an official body or by the Chamber of Commerce and Industry.
- Excluded from ratification are the fully state-owned enterprises or public legal entities.
Third: General Regulation
1. The exporter is given the origin of the certificate, and the application request along with its annexes and a copy of the issued certificate are kept by the issuing authority for a period of not less than three years if the certificate data is not registered on the computer system and linked with its documents through the computer scanning.
2. Taking into account that the date of the certificate should not be earlier than the date on the bills attached to it.
3. The Commercial Registration is not mandatory for the applicant or the producing facility, with the exception of those who wish to assemble and export used lubricating oils, as well as the assembly and export of leather and cooking oil waste that is unsuitable for human consumption, carpentry, plastic, paper and glass waste and the like so, so that they have a commercial registration for the same activity.
However, if the exporter is a factory or a laboratory and the product was of the remnants of the industrial process, then it is not required to have a Commercial Registration for the activity of those remnants.
4. It does not require the consent of the producing facility if the exporter has changed the product when issuing the certificates of origin since the last owner of the commodity is free to dispose his goods, and the certificate of origin is not of the documents that are necessary to stop or restrict the export because it is a document about the origin of the commodity and not a permission or restriction to export.
5. The exporter may obtain a copy or more certified true copies, and for that he must provide the copies he desires to ratify with the original certificate without submitting a request for that.
He can also bring the copies without the original, if it was possible to refer to the certificate's data registered on the ministry's computers.
6. A true copy of the certificate can be ratified from any branch of the Ministry as long as it is submitted with the original, if it was possible to refer to the original certificate's data registered on the ministry's computers.
7. If the exporter wants to export to any Arab country by using the certificate prepared by its agreement and he desired that the certificate's data are in English; he must first issue the certificate in Arabic from the designated form, then get an English translation for it that is ratified by the authority that issued the certificate.
8. If the exporter wants to export national products to States that request a particular form of the certificates prepared under the agreements but this product does not meet one of the terms of the agreement, then he is granted a certificate of origin from the general form after submitting his request, so that he can export his products.
9. If the exporter wanted to replace the certificate of origin with another that he had previously obtained, such as replacing the general form certificate of origin with the GSP form but for the same consignment, then he should bring the original copy of the first certificate accompanied by a request to cancel it with reference to the certificate number, and submit a request for the other certificate with the complete data and according to the procedures and it's granted a new number.
10. If the exporter could not provide sufficient documents to prove that the commodity to be exported is of Saudi origin and it has a similar of it in the Saudi market, but imported, he could get a certificate of re-export from the Chamber of Commerce and Industry that the commodity is a foreign commodity from the Saudi market.
The Eligibility of the Product for a Certificate of Origin
First: The Eligibility Unit
- The unit of eligibility, is the specified product, which is the basic unit when determining the classification (using the Harmonized System of Classification of goods) with its names, but when the product is composed of a group or an assembly of a number of components classified under one item according to the Harmonized System, then they all together make up the unit of eligibility.
- When the packaging is listed with the product it is also included for the purposes of determining the origin when it is from the types that are usually sold with it, but that does not apply to containers that give the whole product its main characteristics.
Second: Accessories, Spare Parts and Tools
The accessories and spare parts and the tools sent with the equipment or the machine or device or in the car, which are part of the equipment and within the price or cannot be issued a separate bill, they are considered as a single unit with the equipment or the machine or device or the vehicle that is subjected to shipping.
The collections (set) are said to have the characteristics of origin, when all the components of the collection have the characteristics of origin, but when a collection (set) is composed of products that have the characteristics of origin, and others that do not have the characteristics of the origin, then the collection (the set) as a single unit will be considered to have the characteristics of the origin, as long as the value of products that do not have the characteristics of the origin does not exceed (25%) of the price of the collection (the set) when delivered to the factory.
Fourth: The Goods Obtained in Full by their Nature
1. The Mining products extracted from the territory of the Kingdom or from the national seabed.
2. Agricultural products that have been cropped or harvested in the Kingdom.
3. Live animals born or raised in the Kingdom.
4. Products from live animals that were bred in the Kingdom.
5. Products that have been obtained by fishing in the territory of the Kingdom.
6. Sea fishing products and other products that are obtained from the seas outside territorial waters, but by national vessels.
7. Products that were manufactured on the decks of factory ships from the products referred to in paragraph (6).
8. Second hand goods that have been collected and which serve only to restore the raw materials.
9. Waste and scrap resulting from manufacturing operations in the Kingdom.
Fifth: The Operations that are Insufficient for the Commodity to Acquire the Characteristics of the Origin
1. Operations performed to ensure the conservation of the products in good condition during transportation and storage such as (ventilation, spreading, drying, cooling, placement in salt solutions or solutions containing sulfur dioxide or other aqueous solutions, getting rid of damaged parts) and similar operations.
2. Simple operations such as removing dirt, screening or sifting, arranging, categorizing, matching (including the composition of groups of commodities) , washing, painting and cutting.
Change the packaging and disassembling and assembling it.
Simple packaging that is not done by the machinery force either in bottles or flasks, bags, cans, boxes, as well as labeling or marking and so from packaging operations.
3. Pasting labels and brands and so on of distinguishing marks on the products or their packaging.
4. The simple mixing, which is not done by the machinery force for products whether they are of different types or not, when one or more components of the mixture does not fulfill the conditions of having a national origin it cannot be considered to have the status of national origin.
5. Simple assembly processes that are not done by machinery force for parts to create a full product.
6. Processes that are performed without a permit, even if they were done by machinery force.
Accordingly, the commodities resulting from these operations are insufficient to acquire the characteristics of the origin, and therefore will not be granted the certificate of origin, but they will be granted a certificate of re-export from the Chambers of Commerce and Industry as one of the Saudi market commodities.
Sixth: Verifying the Product's eligibility for a certificate of origin
The eligibility of the product for a certificate of origin is verified by one of the following methods:
1. Effective documents or certificates, which specializes in screening or follow-up issued by the Arab Organization for Standardization and Metrology that the data in the documents or certificates match with the product’s information described in the facility license.
2. Follow-up statement of the national products in accordance with the annexed form prepared to the following regulations and procedures:
- It must be filled by owner of the facility or one of its officials or his legal representatives and pointing out his name, description and signature, taking into account matching the information to the actual products and the license, and submitting it to the party authorized of licensing the activity for verification and ratification. And as for the plants licensed by the Ministry, the follow-up statement procedures can be done and certified by the competent authorities of the Ministry of Industrial Affairs.
- If it was not possible to ratify the follow-up statement by the body authorized to license activity from outside the Ministry, its verification and procedures are performed by inspectors of the Ministry.
- The validity of the statement is one year, effective from the date of ratification by the official body.
- The follow-up statement is for each independent facility exporting its products regardless of the owner.
- After the completion of the follow-up statement procedures, the exporter provides the competent authority for issuing certificates of origin with the original statement and retains a copy to provide it each time the certificate of origin is requested.
3. The Secretary of Internal Trade or his deputy as well as the Director of the Ministry branch or his deputy may be excepted from the follow-up statement if there was a delay to get it because of the official body in order to complete the procedures for limited periods, especially for products known to have their reputation and circulation in local markets.
4. Excluded from the follow-up statement are the agricultural and animal products of individual farmers and sea products from individual fishermen and personal consignments, as well as products of fully state-owned enterprises or public legal entities.
5. It's possible to request a follow-up or an inspection for an unspecified period of time for any of the products including those exempted for verification of the product (as individual cases), such as those where there was some overstepping from the exporters or for special circumstances after the approval of His Excellency the Undersecretary of the Ministry of Internal Trade.
6. If the facility is old and has been stopped but it was proven that the exported commodities are from its products indicated by the origin on the goods as well as the old information about the facility, then the exporter has to pledge that, provided the information is correct.
7. The commodities that are not mentioned in the practice license provided by the authorizing body, the exporter can make a statement from the licensing authority each time; requesting a certificate of origin including that the facility is producing this commodity, until he modifies the license and completes the procedures of the follow-up certificate.
It must be taken into consideration what is contained in any bilateral, regional or international agreements applied by the Kingdom.
The Application form to Request a Certificate of origin for national industrial products exported to the Arab Gulf States.
The Application form to Request a Certificate of origin for national agricultural and livestock products exported to the Arab Gulf States.
The Application form to request a Certificate of origin for the products of the national natural resources exported to the Arab Gulf States.
The Application form to Request the General Form of the Certificate of Origin.
The Application form to Request a Certificate of Origin for National Products Exported to Foreign Countries Donating of the GSP.
The Arabic Origin Rules and Forms
The general provisions and rules of the Arabic Origin
The Arabic commodities that was not agreed on its rules of origin
Application form to request the Arabic Certificate
The exporter's permit form