str. 1WHEREAS the Government of the Republic of China (Taiwan) and the Government of the Kingdom of Eswatini (hereinafter jointly referred to as the 'Parties' and separately as a 'Party');
RECOGNIZING the catalytic role that bilateral economic cooperation can play towards accelerating trade and investment;
DESIRING to enhance mutually beneficial bilateral trade and investment between the Parties;
CONSCIOUS that this Agreement on Economic Cooperation (hereinafter referred to as the 'Agreement') will contribute to the promotion of closer links between the Parties;
HAVE AGREED as follows:
str. 1In this Agreement, in the absence of the express provision or statement to the contrary:
'Insignificant Value' shall refer to:
str. 2- (a) for the Republic of China (Taiwan), a value of no more than NT$12,000 as stipulated under Article 3 of the Regulations Governing Customs Clearance for Importation of Advertising Matter and Samples of the Republic of China (Taiwan); and
- (b) for the Kingdom of Eswatini, such as determined in accordance with Schedule 4 of the Customs and Excise Act 1971 of the Kingdom of Eswatini.
str. 2The Parties enter into this Agreement to ensure sustainable development that seeks to protect and preserve the environment and to explore new areas of economic, trade and investment through various methods, such as engaging in cooperation and personnel exchanges and other types of cooperation as provided in this Agreement or agreed by the Parties.
str. 2In order to raise the standards of living and ensure full employment and a large and steadily growing volume of real income and effective
demand, the Parties agree to the following Economic Cooperative Programs:
str. 3- (i) The Parties reaffirm their rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the 'WTO Agreement'), in particular the Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures. - (ii) The Parties shall cooperate in the fields of standardization, metrology, conformity assessment and quality infrastructure, with the aim of enhancing mutual understanding and promoting economic and trade relations and thereby eliminating technical barriers to trade. - (iii) The Parties shall cooperate on sanitary and phytosanitary measures for the protection of human, animal and plant life. - (iv) The Parties will cooperate in addressing supply side constraints with the aim of increasing competiveness of the Parties at industry level. Such cooperation may include, but is not limited to, areas of innovation, production, technology, distribution, marketing and financing. - (v) For purposes of maintaining sustainable economic development, fostering growth and prosperity and increasing wealth and welfare, the Government of the Republic of China (Taiwan) will eliminate tariffs on the products listed in the List of Products of the Republic of China (Taiwan) as provided in Annex I at entry into force of this Agreement, save for sugar
(Annex I-A), natural honey (Annex I-B) and avocados (Annex I-C), which will be subject to annual tariff rate quota treatment.
str. 4- (b) Investment Cooperation
- (i) The Parties shall require their designated agencies to hold regular consultations with investors of the Republic of China (Taiwan) in order to assist such investors with addressing issues and barriers to their investments, and providing investment incentives, including but not limited to stable electricity prices and improving the quality of facility maintenance to factories and buildings. - (ii) The Government of the Kingdom of Eswatini shall from time to time provide the Government of the Republic of China (Taiwan) with the information relating to its participation in African economic integration, including new market access opportunities created with third parties and shall assist the Government of the Republic of China (Taiwan) to use the Kingdom of Eswatini as a base in strengthening its investments in the African economy.
str. 4The Export Processing Zone Administration of the Republic of China (Taiwan) shall engage in management experience exchanges, research and development and provide training programs to the special economic zones of the Kingdom of Eswatini.
str. 5- (d) Technical Cooperation - (i) The Parties shall establish a technical cooperation mechanism in order to develop the major areas of agriculture, tourism, environment, education, information and communications technology, and public health and medicine, including agricultural products processing, energy, mining, healthcare, vocational education, as well as other initiatives. - (ii) The Parties will encourage studies aiming at identifying potential investment sectors to develop clusters on agro industrial activities.
str. 5The Parties shall establish a professional personnel exchange and cooperation mechanism in order to promote the growth and development of their respective economies. For these purposes, the Parties may cooperate through:
- (i) dispatching experts and scholars for exchange visits in order to provide assistance relating to the development of specific industry chains; and
- (ii) with respect to agreed fields of industry cooperation, engaging in personnel exchanges by way of research and study, experience sharing, consultations, professional training, among others.
str. 61. The Parties recognize the importance of promoting crossborder investment flows and technology transfers as means for achieving economic growth and development. In order to increase investment flows, the Parties may cooperate through:
2. (a) exchanging information, including potential sectors and investment opportunities, laws and regulations, so as to increase awareness on their investment environments;
3. (b) encouraging and supporting investment promotion activities such as investment conferences, fairs, exhibitions and investment promotion missions;
4. (c) discussing the possibility of negotiating bilateral investment promotion and protection agreements with a view to furthering investment flows and technology transfer; and
5. (d) developing mechanisms for investments conducted by the private sector on the basis of commercial considerations. 2. The Parties recognize that the objective of investment promotion shall be in conformity with their respective national legislation.
str. 6In order to qualify for the trade cooperation in Article 2(a)(v), the imports listed in the List of Products of the Republic of China (Taiwan)
in Annex I of this Agreement shall meet the requirements of rules of origin as stipulated in Annex II of this Agreement.
str. 7Each Party shall authorize the duty-free importation of commercial samples of Insignificant Value and printed advertising materials from the territory of the other Party.
str. 71. The Agreement on the Implementation of Article VII of the General Agreement on Tariffs and Trade of 1994 (hereinafter referred to as the 'Agreement of the WTO on Customs Valuation') shall govern customs valuation rules applied by the Parties to their mutual trade. 2. The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.
str. 7The Parties shall take all necessary measures to facilitate the customs procedures for originating products.
str. 8The Parties commit themselves to developing customs cooperation mechanisms to ensure that the provisions on trade are observed. For this purpose they shall establish a dialogue on customs matters and provide mutual assistance.
str. 8In the application of antidumping or countervailing measures and with respect to subsidies, the Parties shall be governed by their respective legislation which shall be consistent with the WTO Agreement.
str. 8The rights and obligations of the Parties with respect to safeguard measures shall be governed by Article XIX of the GATT 1994 and the WTO Agreement on Safeguards.
str. 9In line with their rights and obligations under the WTO Agreement on Trade-related Aspects of Intellectual Property, the Parties agree to:
- (a) promote the importance of intellectual property rights in fostering trade in goods and services, innovation, and economic, social and cultural development;
- (b) promote the effective protection, enforcement and maintenance of intellectual property rights; and
- (c) recognize the need to achieve a fair balance among the rights of intellectual property rights holders, the legitimate interest of users and the wider interest of the public with regard to protected subject matters.
str. 9Each Party shall promptly publish its laws, regulations, procedures and administrative rulings of general application regarding any matter covered by this Agreement.
str. 10No provision of this Agreement shall be interpreted to prevent the Parties from adopting or maintaining exception measures consistent with the rules of the WTO Agreement.
str. 101. A Joint Committee is hereby established. 2. The Joint Committee shall comprise of representatives from each Party appointed by the Minister of Economic Affairs of the Republic of China (Taiwan) and the Minister of Commerce, Industry and Trade of the Kingdom of Eswatini or their representatives. 3. The tasks of the Joint Committee shall be to:
4. (a) promote the effective administration and implementation of this Agreement;
5. (b) facilitate regular communication and consultation between the Parties;
6. (c) facilitate the exchange of information at the request of either Party;
7.
str. 11(d) periodically review the possibility of further removal of obstacles to trade between the Parties; and
str. 114. The Joint Committee shall establish its own rules of procedure. 5. The Joint Committee shall establish subcommittees for any purpose under this Agreement.
str. 11This Agreement shall enter into force thirty (30) days after the Parties have formally notified, through diplomatic channels, the completion of the domestic procedures necessary to that effect.
str. 111. Either Party may terminate this Agreement by giving one (1) year written notice of its intention to terminate to the other Party through diplomatic channels. 2. This Agreement may be amended in writing by mutual consent of the Parties through the Exchange of Notes between the Parties through diplomatic channels. 3. This Agreement shall include the Annexes thereto, and all future legal instruments agreed pursuant to this Agreement.
str. 124. Each Party shall designate and notify to the other Party a contact point to facilitate communications between the Parties on any matter covered by this Agreement. At the request of a Party, the other Party's contact point shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party. DONE at on this day of 2018 in the English language. T
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement. FOR THE GOVERNMENT OF REPUBLIC OF CHINA(TAIWAN)
FOR THE GOVERNMENT OF THE KINGDOM OF ESWATINI
ANNEX I
str. 13| List of Products of the Republic of China (Taiwan) | List of Products of the Republic of China (Taiwan) |
| HS Code | Product description |
| 07142020 | Sweet potatoes, frozen |
| 08026100 | Macadamia nuts, in shell, fresh or dried |
| 08026200 | Macadamia nuts, shelled, fresh or dried |
| 08027000 | Kola nuts, whether or not shelled or peeled, fresh or dried |
| 08029090 | Other edible nuts, whether or not shelled or peeled, fresh or dried |
| 08044000 | Avocados, fresh or dried |
| 08051020 | Fresh oranges (Imported from 1st March to 30th September each year) |
| 08051030 | Dried oranges (Imported from 1st March to 30th September each year) |
| 08054091 | Other grapefruits, fresh or dried (Imported from 1st January to 30th September each year) |
| 13022000 | Pectic substances, pectinates and pectates |
| 17011200 | Beet sugar, not containing added flavouring or colouring matter |
| 17011300 | Cane sugar specified in Subheading Note 2 to this Chapter |
| 17011400 | Other cane sugar, not containing added flavouring or colouring matter |
| 17019910 | Sugar, cube and loaf |
| 17019920 | Rock sugar |
| 17019990 | Other sugar, refined |
| 17029011 | Maltose |
| 17029012 | Chemically pure maltose |
| 17029020 17029030 | Caramel |
| | Artificial honey |
| 17029040 | Chemically pure glucose (polarisation not less than 99.5%) |
| 17029090 | Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 percent by weight of fructose |
| 17041000 | Chewing gum, whether or not sugar-coated |
| 17049000 | Other sugar confectionery (including white chocolate), not containing cocoa |
| 19011000 | Preparations for infants or young children use, put up for retail sale |
| 19012000 | Mixes and doughs for the preparation of bakers' wares of heading 19.05 |
| 20011000 | Cucumbers and gherkins, prepared or preserved by vinegar or acetic acid |
| 20019012 | Onions, prepared or preserved by vinegar or acetic acid |
str. 13| List of Products of the Republic of China (Taiwan) | List of Products of the Republic of China (Taiwan) |
| HS Code | Product description |
| 20019019 | Other vegetables, prepared or preserved by vinegar or acetic acid |
| 20079910 | Morinda citrifolia jam |
| 20079990 | Other articles of heading No. 20.07 |
| 20082000 | Pineapples, otherwise prepared or preserved |
| 20083000 | Citrus fruit, otherwise prepared or preserved |
| 21039090 | Other articles of heading No. 21.03 1 |
| 21069051 | Non-alcoholic compound preparations for making foodstuff |
| 22071010 | Industrial ethyl alcohol, undenatured, of an alcoholic strength by volume of 80% or higher, used for manufacture of chemical products through chemical synthetic reaction |
| 22071090 | Other undenatured ethyl alcohol, of an alcoholic strength by volume of 80% or higher |
| 22084000 | Rum and other spirits obtained by distilling fermented sugar-cane products |
| 23099010 | Fish soluble |
| 23099090 | Other preparation for animal feeding |
| 27011900 | Other coal |
| 27012000 | Briquettes, ovoids and similar solid fuels manufactured from coal |
| 28363000 | Sodium hydrogencarbonate (sodium bicarbonate) |
| 29163100 | Benzoic acid, its salts and esters Citric |
| 29181400 | acid |
| 29211900 | Other acylic monoamines and their derivatives; salts thereof |
| 33021010 | Compound alcoholic preparations based on odoriferous substance, of a kind used for the manufacture of beverages, with an alcoholic strength by volume exceeding 0.5% vol |
| 33021090 | Other mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used in the food or drink industries |
| 33029000 | Other mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry |
str. 13| List of Products of the Republic of China (Taiwan) | List of Products of the Republic of China (Taiwan) |
| HS Code | Product description |
| 34011100 | Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use (including medicated products) |
| 34011900 | Soap and organic surface-active products and preparations, in the form of bars, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, not for toilet use |
| 34012090 | Soap in other forms |
| 34013000 | Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap |
| 34060000 | Candles, tapers and the like |
| 38249999 | Other chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included |
| 39231010 | Boxes, cases, crates and similar articles, of plastic, specially shaped or fitted for the conveyance or packing of semiconductors wafers, masks, or reticles |
| 39231090 | Other boxes, cases, creates and similar articles, of plastics |
| 39232100 | Sacks and bags (including cones), of polyethylene |
| 44011100 | Fuel wood, coniferous, in logs, in billets, in twigs, in faggots or in similar forms |
| 44011200 | Fuel wood, non-coniferous, in logs, in billets, in twigs, in faggots or in similar forms Coniferous wood in the rough, whether or not stripped of |
| 44031100 | bark or sapwood, or roughly squared, treated with paint, stains, creosote or other preservatives |
| 44031200 | Non-coniferous wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, treated with paint, stains, creosote or other preservatives |
| 44041000 | Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwood and the like, coniferous |
| 44042000 | Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwood and the like, non-coniferous |
str. 13| List of Products of the Republic of China (Taiwan) | List of Products of the Republic of China (Taiwan) |
| HS Code | Product description |
| 44071100 | Pine wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding6mm |
| 44071200 | Fir and spruce wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding6mm |
| 44072900 | Other tropical wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding6mm |
| 44091000 | Coniferous wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed |
| 44101100 | Particle board of wood, whether or not agglomerated with resins or other organic binding substances |
| 44140000 | Wooden frames for paintings, photographs, mirrors or similar objects |
| 44152000 | Pallets, box pallets and other load boards, of wood; pallet collars, of wood |
| 44211000 | Clothes hangers, of wood |
| 46021100 | Basketwork and other articles, made directly to shape from bamboo plaiting materials or made up from articles of heading 46.01 of bamboo |
| 46021200 | Basketwork and other articles, made directly to shape from rattan plaiting materials or made up from articles of heading 46.01 of rattan |
| 46021910 | Bags, of straw and grass |
| 46021990 | Basketwork, wickerwork and other articles, made directly to shape from other vegetable plaiting materials or made up from articles of heading 46.01 of other vegetable materials; articles of loofah |
| 46029000 | Basketwork and other articles, made directly to shape from other plaiting materials or made up from articles of heading 46.01 of other materials |
| 49019910 | Reproductions, printed of work of art |
| 49019990 | Other printed books, brochures, leaflets and similar printed matter, not in single sheets |
| 52030000 | Cotton, carded or combed |
| 57021000 | Kelem, "Schumacks","Karamanie" and similar hand- woven rugs |
| | Floor coverings of coconut fibres (coir) |
| 57022000 | |
str. 13| List of Products of the Republic of China (Taiwan) | List of Products of the Republic of China (Taiwan) |
| HS Code | Product description |
| 57023100 | Other carpets and other floor coverings, woven, of pile construction, not made up, of wool or fine animal hair |
| 57023200 | Other carpets and other floor coverings, woven, of man- made textile materials, of pile construction, not made up |
| 57023990 | Other carpets and other floor coverings, woven, of pile construction, not made up, of other textile materials |
| 60062200 | Other knitted or crocheted fabrics of cotton, dyed |
| 61046220 | Women's or girls' bib and brace overalls, knitted or crocheted, of cotton |
| 61091000 | T-shirts, singlets and other vests, knitted or crocheted, of cotton |
| 61099010 | T-shirts, singlets and other vests, knitted or crocheted, of wool or fine animal hair |
| 61099020 | T-shirts, singlets and other vests, knitted or crocheted, of man-made fibres |
| 61099030 | T-shirts, singlets and other vests, knitted or crocheted, of silk or silk waste |
| 61099090 | T-shirts, singlets and other vests, knitted or crocheted, of other textile materials |
| 62034210 | Men's or boys' trouser, breeches and shorts, of cotton |
| | Men's or boys' trousers, breeches and shorts, of synthetic fibres |
| 62034310 | |
| 62044990 | Women's or girls' dresses, of other textile materials |
| 62046210 | Women's or girls' trousers, breeches and shorts, of cotton |
| 62046911 | Women's or girls' trousers, breeches and shorts, of silk or silk waste |
| 62069000 | Women's or girls' blouses, shirts and shirt-blouses, of other textile materials |
| 62113200 | Other garments, men's or boys', of cotton |
| 63053300 | Other, sacks and bags, of a kind used for the packing of good, of polyethylene or polypropylene strip or the like |
| 69111000 | Tableware and kitchenware, of porcelain or china |
| 69119000 | Other household articles and toilet articles, porcelain or china |
| 69120010 | Ceramic tableware and kitchenware, other than of porcelain or china |
| 69120090 | Other ceramic household articles and toilet articles, other than of porcelain or china |
| 70042000 | Drawn glass and blown glass, in sheets, coloured throughout the mass (body tinted), opacified, flashed or having an absorbent, reflecting or non-reflecting layer |
str. 13| List of Products of the Republic of China | List of Products of the Republic of China |
| HS Code | Product description
str. 14|
| 71131100 | Article of jewellery and parts thereof of silver, whether or not plated or clad with other precious metal |
| 71131900 | Article of jewellery and parts thereof of other precious metal, whether or not plated or clad with precious metal
str. 15|
| 71132000 | Jewellery and parts thereof, of base metal clad with precious metal |
| 71171100 | Cuff-links and studs, of base metal, whether or not plated with precious metal |
| 71171900 | Other imitation jewellery, of base metal, whether or not plated with precious metal |
| 71179000 | Imitation jewellery of other materials |
| 84183090 | Other freezers of the chest type, not exceeding 800 L capacity
str. 18| Check (nonreturn) valves |
| 94036010 | Other wooden furniture, without any painted or coated |
| 94036090 | Other wooden furniture
str. 19|
| 96071100 | Slide fasteners fitted with chain scoops of base metal |
| 96071990 | Slide fasteners, of other materials |
The elimination of duties for raw sugar and refined sugar originating in the Kingdom of Eswatini shall be subject to an annual quota. The quota level will be set at 53,000 metric tons for raw sugar annually and 28,000 metric tons for refined sugar annually. Out of quota imports shall be subject to MFN tariff rates. For raw sugar and refined sugar included in the duty-free quota, the Customs Authority of the Republic of China (Taiwan) will require the Certificate of Origin and Tariff Quota Certificate (TQC) (Annex I-D) issued by the Government of the Kingdom of Eswatini. The relevant tariff codes for raw sugar and refined sugar are set out below:
| Raw sugar | 17011400 |
| Refined sugar | 17019990 |
The elimination of duties for natural honey originating in the Kingdom of Eswatini shall be subject to an annual quota. The quota level set at 250 metric tons annually shall be subject to a 0% duty. The out of quota rate of duty shall be subject to a 3.5% annual reduction over a period of ten (10) years. For natural honey included in the duty-free quota, the Customs Authority of the Republic of China (Taiwan) will require the Certificate of Origin and Tariff Quota Certificate (TQC) (Annex I-D) issued by the Government of the Kingdom of Eswatini. The relevant tariff code for natural honey is set out below:
| Natural | honey 04090000 |
The elimination of duties for avocados originating in the Kingdom of Eswatini shall be subject to an annual quota. The quota level set at 30 metric tons annually shall be subject to a 0% duty. The out of quota rate of duty shall be subject to a 3% annual reduction over a period of five (5) years. For avocados included in the duty-free quota, the Customs Authority of the Republic of China (Taiwan) will require the Certificate of Origin and Tariff Quota Certificate (TQC) (Annex I-D) issued by the Government of the Kingdom of Eswatini. The relevant tariff code for avocados is set out below:
| Avocados | 08044000 |
str. 23CERTIFICATE NO. :ET19 000000
Valid period: From January 1 to December 31, YYYY (see note 2)
1. NAME AND ADDRESS OF EXPORTER:
2. PRODUCT:
3. NAME OF VESSEL:
4. CONSIGNEE:
6. DESCRIPTION OF GOODS:
PORT OF LOADING:
5. NOTIFY:
7. QUANTITY LOADED (MT):
PORT OF DISCHARGE:
8. DATE OF DEPARTURE/BILL OF LADING NO. DATE OF ISSUE:
9. AUTHORIZED STAMP AND SIGNATURE:
str. 23- 1 This certificate is subject to the terms and conditions set forth in the ROC (Taiwan)-Eswatini Economic Cooperation Agreement
2 The valid period of this TRQ certificate is based on the date of arrival of the means of transportation in Taiwan in accordance with Article 6 of the 'Enforcement Rules of the Customs Act'.
str. 24This Annex applies only to the List of Products of the Republic of China (Taiwan) in Annex I of this Agreement.
For the purposes of this Annex:
- (a) 'authorized body' means the Bureau of Foreign Trade, Ministry of Economic Affairs for the Government of the Republic of China (Taiwan), and the Swaziland Revenue Authority for the Government of the Kingdom of Eswatini;
- (b) 'customs authority' means the Customs Administration, Ministry of Finance for the Government of the Republic of China (Taiwan), and the Swaziland Revenue Authority for the Government of the Kingdom of Eswatini;
- (c) 'manufacture' means working or processing, including assembling;
- (d) 'material' means any ingredient, raw material, component or part used in the manufacture of a product;
- (f) 'heading' means a heading (four-digit code) of the Harmonized Commodity Description and Coding System.
str. 25A product shall be considered as originating in a Party if:
- (a) it has been wholly obtained in a Party, in accordance with Article 5 of this Annex;
- (b) the non-originating materials used in the working or processing have undergone sufficient working or processing in a Party, in accordance with Article 6 of this Annex; or
- (c) it has been produced in a Party exclusively from materials originating in the Party.
str. 26The following products shall be considered as wholly obtained in a Party:
- (a) minerals and other naturally occurring substances extracted or taken from its soil, waters, seabed or beneath the seabed there;
- (b) plant and plant products grown and harvested there;
- (c) live animals born and raised there;
- (d) products from live animals, raised there;
- (e) products from slaughtered animals born and raised there;
- (f) products obtained by hunting, trapping, fishing or aquaculture conducted there; 1
1 For greater certainty, products obtained by fishing in the waters of Mozambique by a vessel flying the Eswatini flag shall be deemed products wholly obtained in the Kingdom of Eswatini. Furthermore, the Government of the Kingdom of Eswatini shall provide a list of all vessels flying the Eswatini flag that engage in fishing, such list being subject to the approval of the Government of the Republic of China (Taiwan). Only products obtained by fishing by vessels appearing on such list will be deemed products wholly obtained in the Kingdom of Eswatini. The Kingdom of Eswatini shall update this list of vessels if there is any change and shall notify the Government of the Republic of China (Taiwan) of such update, such updated list being subject to the approval of the Government of the Republic of China (Taiwan).
str. 27- (h) used products collected there fit only for the recovery of raw materials and not for their original purpose; or
- (i) products obtained or produced in a Party solely from products referred to in subparagraphs (a) to (h) or from their derivatives.
str. 27Products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out below are fulfilled:
- (a) goods have undergone working or processing in a Party and the CIF value of materials (raw materials, semi-finished or finished products) originating from countries other than either one of the Parties, and goods of unknown origin used in the production does not exceed 50% of the FOB value of goods exporting from a Party; or
- (b) these goods are manufactured from materials or products of any heading, except that of the goods.
str. 27The following operations do not meet the sufficient processing criteria:
str. 28- (a) preserving operations to ensure that the products remain in good condition during transport and storage;
- (b) changes of packaging and breaking-up and assembly of packages;
- (c) washing, cleaning, the removal of dust, oxide, oil, paint or other coverings;
- (d) ironing or pressing of textiles;
- (e) simple painting and polishing operations;
- (f) husking, partial or total bleaching, polishing, and glazing of cereals and rice;
- (g) operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;
- (h) peeling, stoning and shelling, of fruits, nuts and vegetables;
- (i) sharpening, simple grinding, separating or simple cutting;
- (j) sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);
- (k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
- (l) affixing or printing marks, labels, logos and other similar signs on products or their packaging;
- (m) simple mixing of products, whether or not of different kinds; mixing of sugar with any material;
str. 29- (n) simple assembly of non-originating parts to constitute a complete product or disassembly of products into parts;
- (o) simple addition of water or dilution or dehydration or denaturation of products;
- (p) a combination of two or more operations specified in subparagraphs (a) to (o); and
- (q) slaughter of animals.
str. 29Packing materials and containers exclusively used for transportation and shipment of goods shall not be taken into account in determining the origin of any goods. Packing materials and containers in which goods are packaged for retail sale, when classified together with those goods, shall not be taken into account in determining whether all of the non-originating materials used in the production of the goods have met the applicable change in tariff classification requirements for the goods. If goods are subject to a regional value content requirement, the value of the packing materials and containers in which the goods are packaged for retail sale shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the goods.
str. 30Accessories, spare parts, tools and instructional or other information materials presented with the goods shall be considered part of those goods and shall be disregarded in determining whether all the nonoriginating materials used in the production of the originating goods have undergone the applicable change in tariff classification, provided these are classified with and not invoiced separately from the goods. The value of the accessories, spare parts, tools and instructional or other information materials presented with the goods shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the goods. This Article applies only where the accessories, spare parts, tools and instructional or other information materials are presented with the goods are not invoiced separately from the originating goods; and the quantities and value of the accessories, spare parts, tools and instructional or other information materials presented with the goods are customary for those goods.
str. 31Direct Purchase
Preferential tariff treatment shall be granted for goods originating from the exporting Party provided that such goods are purchased directly in that country and transported directly to the customs territory of the importing Party. Originating goods shall be considered as purchased directly if the importer has acquired them from a person duly registered as a business entity in exporting Party. Originating goods shall be considered as direct consignment if they are transported through the territories of other countries due to geographic, transport-related, technical or economic reasons, provided that such goods remain under customs control, including during their temporary storage in the territories of transit countries. Direct consignment shall apply to goods purchased by the importer at exhibitions or fairs in a non-Party, provided that:
- (a) goods are transported from a Party to the non-Party where the exhibition or fair is being held and remained under customs control during the event;
- (b) goods are not used from the moment of their transportation to the exhibition or fair for any purpose other than demonstration.
str. 32Products originating in a Party shall, on importation into the other Party, benefit from this Agreement upon submission of a Certificate of Origin, issued by authorized bodies designated by each Party. The certificate shall be valid for the granting of tariff preferences for 12 months from its date of issuance. The certificate shall be submitted to the customs authorities of the importing Party in a hard copy in English language. In case of loss of the certificate, an officially certified duplicate shall be issued on the basis of the exporter documents in their possession. The certificate is not required in order to confirm the origin of small consignments where the customs value does not exceed the amount of 5,000 US dollars or the equivalent amount. In this case, the exporter can declare the country of origin in commercial or other shipping documents. In case of reasonable doubt about the authenticity of declared information the customs authority may require to provide the certificate of origin. The Implementing Arrangement on Rules of Origin Operational Procedures, including the template and its instructions for a Certificate of Origin and declaration of origin, shall be implemented after the agreement is reached through the customs authorities of the Parties. The template and instruction for a Certificate of Origin are appended to this Agreement as Annex II-A, and the template and
instruction for a Declaration of Origin are appended to this Agreement as Annex II-B.
str. 33Each Party shall inform the other Party the names, addresses and specimen impressions of stamps of each authorised body designated to issue certificates. Where the customs authorities or other authorised bodies of the importing Party have a reasonable doubt about the authenticity of a certificate and information contained herein or the compliance of the goods, covered by the certificate, with the origin criteria, they may send a verification request for additional or more detailed information to the authorized bodies of the exporting Party. The customs authorities or other authorized bodies may request its Embassy in the territory of the other Party for assistance in those matters.
str. 33- (a) the customs authority receives no reply within a maximum of six (6) months after the date of a verification request from the authorized bodies of the exporting Party;
- (b) the authorized body of the exporting Party has confirmed that the certificate had not been issued (i.e.
str. 34forged) or had been issued on the basis of invalid documents and/or false information; - (c) according to the research by customs authority of the importing Party and (or) on the basis of information received by the requests made to the authorized bodies of the exporting Party, revealed that the certificate has been issued with violations of the requirements of these Rules. Goods shall not be considered as originating in the exporting Party until duly completed certificate and other requested information are submitted. Tariff preferences for such goods are provided only after receiving a satisfactory response of the authorized bodies of the exporting Party.
str. 35Certificate No. :
1. Name and address of the exporter ：
Telephone:
Fax:
E-mail:
2. Name and address of the importer ：
Telephone:
Fax:
E-mail:
3. Quantity of goods (with measure unit)
4. Description of goods
5. ROC (Taiwan) Tariff Classification
6. Criterion for preferential tariff treatment
7. Other Criteria
str. 35- the information on this document is true and accurate and I assume the responsibility for proving such representations. - the goods covered under this Certificate of Origin are originating in the territory of , and comply with the origin requirements specified for those goods in the Agreement Entered into by and between the Government of the Republic of China (Taiwan) and the Government of the
10.
| Certification from Certifying Authority: | |
|---|---|
| It is certified that the goods covered under this Certificate of Origin comply with the Rules of Origin established in the Agreement Entered into by and between the Government ofthe Republic of China (Taiwan) and the Government of the Kingdom of Eswatini on Economic Cooperation. | |
| This certificate shall be completed on a legible form by the exporter and shall not be valid if it is presented with scratches, blotches, corrections or writing between lines. | |
| Kingdom of Eswatini on Economic Cooperation. | |
| Signature of authorized person from the enterprise | Authorized Signature and Seal from the Certifying Authority |
| Date of Certification of Declaration of Origin This Certificate consists of pages, | Date of Certification |
str. 37For purposes to obtain preferential tariff treatment, this document shall be filled in legible form and completed by the exporter of the good or goods, without scratches, blotches, amendments or writing between the lines and the importer shall keep it with him at the time of presenting the import declaration. Please type or print the information. In case of requiring additional space, the form must be numbered in a correlative manner. The Certificate of Origin shall be completed by the exporter in English. Certificates of origin issued by the authorized entities must respect a correlative order number. Field 01: Indicate the complete name, the denomination or trade name, the residency (including the address, the city and the country), the telephone number, the fax number, and the electronic mail of the exporter. Field 02: Indicate the complete name, the denomination or trade name, the residency (including address, the city and the country), the telephone number, the fax number, and the electronic mail of the importer. Field 03: Specify the quantity and commercial unit for each item of goods as shown on the Customs declaration thereof. Field 04: Provide a complete description of each good. The description shall be sufficiently detailed to relate it to the description of the good contained in the invoice, as well as with the description that corresponds to it in the Harmonized System (HS). In case the certificate covers a single import of goods, the invoice number shall be indicated, as it appears in the commercial invoice. In case it is not known, another unique reference number shall be indicated, as the shipping order number, the order of purchase number or any other number that is able to identify the goods. Field 05: For each good described in Field 04, corresponding to the List of Products of the Republic of China (Taiwan) prescribed in Annex I of the Agreement. (Eight-digits)
Field 06: For each good described in Field 04, indicate the applicable criterion (from A to C).
str. 38For goods obtained by
str. 38Criteria for Preferential Tariff Treatment
- A the good is wholly obtained or produced entirely in the territory of a Party according to Article 5 of Annex II;
- B the good is produced entirely in the territory of one or both Parties exclusively from originating materials according to Article 4 of Annex II; or
- C the good is produced in the territory of one or both Parties from non-originating materials that complying with the change in tariff classification, regional value content or other requirements, according to the specifications stated in Article 6 of Annex II;
Field 07: For determining the origin of the good, some of the options to acquire origin established in Annex II of the Agreement were used, indicate:
ACU: Accumulation. DMI: De Minimis . FG: Fungible goods. Where inapplicable indicate "NO". Field 08: This field shall only be used when some observations exist in relation to this certificate, among others, in case the good is invoiced by an operator of a third Party or non-Party country, the producer or exporter of the country of origin shall indicate the name, the denomination or trade name and residency (including the address, the city and the country) of this operator; in case of the loss of this certificate, the certifying authority shall indicate 'duplicate' in this column.
str. 39Field 09: In this field there shall be the signature of the authorized person from the enterprise in its representation, and the date of certification of the Declaration of Origin by the Certifying Authority. Field 10: In this field there shall be the signature of the authorized official and the seal from the Certifying Authority, as well as the date of issue of the Certificate of Origin.
| (Applicable to the consignments whose Customs V alue does not exceed the amount prescribed in Article 11, Paragraph 5 of ANNEX II of the Agreement) | |
|---|---|
| 1. Description of Goods | 2. ROC(Taiwan)Tariff Classification (eight-digits) |
| 3. I hereby declare that the goods enumerated on this invoice are originating from the territory of Eswatini and they comply with the origin requirements specified for those goods in the Agreement Entered into by and between the Government of the Republic of China (Taiwan) and the Government of the Kingdom of Eswatini on Economic Cooperation. | |
| The information on this document is true and accurate and I assume the responsibility for providing such representations. I understand that I am liable for any false statements or material omissions made on or in connection with this document. | |
| I agree to maintain and present upon request, documentation necessary to support this declaration of origin, and to inform, in writing, all persons to whom the declaration of origin was given of any changes that could affect the accuracy or validity of this certification. | |
| 4. Date and Signature of Exporter: | |
| Clarification of signature |
| The Declaration of Origin shall be completed by the exporter of the goods legibly in English. Annexes may be attached if the spaces provided are insufficient. | |
|---|---|
| Provide a full description of each good. The description shall be sufficiently detailed to relate it to the description of the good contained in the invoice, as well as with the description that corresponds to it in the Harmonized System (HS). | Field 1 |
| For each good described in Field 1 corresponding to the List of Products of the Republic of China (Taiwan) prescribed in | Field 2 |
| Field 3 For exports: declaration of origin from Eswatini. | |
| This field must be completed, signed and dated by the exporter. The date must be the date the Declaration of Origin | Field 4 |