Preferential trade

03.03.2022

Agreement

between the Government of the Republic of Uzbekistan and the Government of the Islamic Republic of Pakistan

Preamble

The Government of the Republic of Uzbekistan and the Government of the Islamic Republic of Pakistan (hereinafter referred to individually as “the Contracting Party” and collectively as “the Contracting Parties”),

RECOGNIZING that the conclusion of the Preferential Trade Agreement between the Contracting Parties being Developing Countries will create a new climate for economic and trade relations,

DESIRING to achieve the liberalization of trade in goods, in conformity with the “Decision of GATT Contracting Parties, on Differential and More Favorable Treatment, Reciprocity and Fuller Participation of Developing Countries of 1979”,

BELIEVING that the content of this Agreement would expand gradually and extend to new areas of mutual interests,

CONSIDERING that rights and obligations of the Contracting Parties arising from other bilateral, regional or multilateral agreements shall not be affected by the provisions of this Agreement,

STRESSING the need for the diversification of the tradable goods with a view to fostering further development of their respective economies,

Have agreed as follows:

ARTICLE 1 Objectives

The objective of this Agreement is to strengthen trade relations between Uzbekistan and Pakistan in particular through:

a) the elimination of tariffs and non-tariff barriers on goods specified in the Annex I-A and Annex I-B of this Agreement;

b) the enhancement and promotion of trade through harmonious development of economic relations between the Contracting Parties;

c) the creation of enabling conditions for fair competition between the Contracting Parties;

d) the creation of more predictable and secure environment for sustainable growth of trade between the Contracting Parties.

ARTICLE 2 Definitions

For the purpose of this Agreement:

“Tariffs” means customs tariffs or customs duties defined in the tariff schedules established under the national legislation in force on the territories of the Contracting Parties. Tariffs do not include anti-dumping and countervailing duties referred to in Article 7 or safeguard measures referred to in Article 8 of this Agreement;

“Non-tariff barriers” means any measure, regulation or practice, other than tariffs, the effect of which is to significantly distort foreign trade between the Contracting Parties or to restrict imports;

“Preferential treatment” means any concession or privilege granted under this Agreement by a Contracting Party through the elimination or reduction of tariffs on the movement of goods, establishment of quotas for preferential import into the customs territory or preferential export of goods from the customs territory of a Contracting Party;

“Serious damage to the economy” — an increase in imports of goods into the customs territory of the Contracting Party, imports of goods at dumped prices or imports of goods secured by subsidies”;

“Threat of serious damage to the economy” — evidence that serious damage to the economy is inevitable;

“Goods” means all products within the National Customs tariff framework, including finished, raw and semi-finished products.

ARTICLE 3 General Principles

This Agreement shall be practiced within the principle of reciprocity of advantages for the equal benefit of the Contracting Parties, considering the economic development level, the course of foreign trade and tariff policies of the Contracting Parties.

ARTICLE 4 Trade Relations Governed by Other Agreements

Nothing in this Agreement shall preclude the maintenance or establishment of customs unions, free trade areas, preferential trade agreements, multinational trade agreements or trans-border trade regulations by the Contracting Parties with third parties.

ARTICLE 5 Scope and Coverage

The provisions of this Agreement shall apply to the trade in goods originating in the territories of the Contracting Parties that are specified in Annex I-A and Annex I-B of this Agreement.

ARTICLE 6 Preferential Trade Arrangement

l. The Contracting Parties hereby establish a Preferential Trade Arrangement through this Agreement, in accordance with the provisions of Annex I-A, Annex I-B and Annex II.

2. In the implementation of this Agreement, the Contracting Parties shall pay due regard to the principle of reciprocity.

3. The Contracting Parties shall work together to minimize non-tariff barriers and measures by mutual recognition of standards and easing procedural requirements for goods specified in Annex I-A and Annex I-B of this Agreement, to provide greater market access to each other.

4. From the date of entry into force of this Agreement, no new non-tariff barriers or measures having equivalent effect shall be introduced in trade of goods specified in Annex I-A and Annex I-B of this Agreement between the Contracting Parties.

5. From the date of entry into force of this Agreement, no new tariffs or charges having equivalent effect shall be introduced in trade of goods specified in Annex I-A and Annex I-B of this Agreement between the Contracting Parties.

6. The Contracting Parties shall consider further liberalization of their bilateral trade through consultations within meetings of the Joint Committee.

ARTICLE 7 Rules of Origin

The Contracting Parties agreed to apply the Rules of Origin in bilateral trade of goods specified in Annex I-A and Annex I-B of this Agreement.

Goods covered by the provisions of this Agreement shall be eligible for preferential treatment provided that they satisfy the Rules of Origin as set out in Annex II to this Agreement.

In case there is a need to amend the Rules of Origin laid down in Annex II, the Joint Committee shall decide on the amendments according to procedures in Article 15 of this Agreement.

ARTICLE 8 Antidumping and Countervailing Measures

1. In order to counter injury caused by dumping or subsidy, the Contracting Parties shall have the right to take anti-dumping and countervailing measures in accordance with their national legislations.

2. After receipt of a properly documented application made by the domestic industry and before the initiation of an anti-dumping investigation the authorities of the importing Contracting Party shall notify the authorities of exporting Contracting Party in a reasonable time.

3. As soon as an investigation has been initiated the authorities of the importing Contracting Party shall provide the non-confidential text of the written application received to the known exporters and to the authorities of the exporting Contracting Party.

4. Interested parties receiving questionnaires used in investigation shall be given at least 30 days for reply. Due consideration should be given to any request for an extension of the 30 days period and, upon cause shown, such an extension should be granted whenever practicable.

ARTICLE 9 Safeguard Measures

1. Without prejudice to the rights and obligations of the Contracting Parties with regard to safeguard measures imposed in compliance with their national legislations, if, as a result of the elimination of a tariff under this Agreement, originating goods of the Contracting Party are being imported into the territory of the other Contracting Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Contracting Party, in prior consultations with the other Contracting Party in accordance with Article 13 of this Agreement, may adopt safeguard measures.

2. Before applying safeguard measures, the Contracting Party intending to apply such measure shall supply the other Contracting Party with all the relevant information required for a thorough examination of the situation with a view to seeking an acceptable solution to both of the Contracting Parties. In order to find such a solution, the Contracting Parties shall immediately hold consultations. If, as a result of the consultations, the Contracting Parties do not reach an agreement within 30 days, the complaining Contracting Party may apply safeguard measures.

ARTICLE 10 Global Safeguard Measures

None of the provisions in this Agreement prevent both Contracting Parties from taking safeguard measures in accordance with Article XIX of GATT 1994 and the WTO Agreement on Safeguard Measures.

ARTICLE 11 Balance of Payments measures

Where either Contracting Party is in a serious balance of payments difficulties, or under threat thereof, the Contracting Party concerned may, in accordance with the conditions laid down within the Articles VIII and XIV of the Articles of Agreement of International Monetary Fund, adopt restrictive measures, which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation. The Contracting Party concerned shall inform the other Contracting Party forthwith of their introduction and present to the other Contracting Party, as soon as possible a time schedule of their removal.

ARTICLE 12 General Exceptions

Subject to the condition that such measures are not applied in a manner so as to constitute arbitrary or unjustifiable discrimination or a disguised restriction on a trade between the Contracting Parties, nothing in this Agreement shall preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, religious values, national security, the protection of human, animal and plant life and health, the protection of national treasures possessing artistic, historic or archeological value, the protection of exhaustible natural resources and genetic reserves, the regulations concerning gold or silver and the regulations concerning the exports of these products, the price of which are held below the world price as part of a government stabilization plan.

ARTICLE 13 Security Exceptions

Nothing in this Agreement shall prevent a Contracting Party from taking any measures, which it considers necessary for security requirements:

a. to prevent the disclosure of confidential information contrary to its essential security interests;

b. for the protection of its essential security interests or for the implementation of international obligations or national policies such as:

(i) relating to the traffic in arms and ammunition; or

(ii) relating to the non-proliferation of biological and chemical and nuclear weapons, or other nuclear explosive devices.

ARTICLE 14 Exchange of Information

On the request of the other Contracting Party, each Contracting Party shall provide information and reply to any question from the other Contracting Party within a period of 30 days, relating to an actual or proposed measure that might affect the operation of this Agreement.

Each Contracting Party shall ensure that its laws and regulations relating to any trade matter covered by this Agreement are published or made publicly available.

ARTICLE 15 Joint Committee

l. A Joint Committee, composed of the representatives of each Contracting Party is hereby established. The Joint Committee shall meet once a year to review the progress achieved in the implementation of this Agreement. Any Contracting Party may also request holding an extraordinary meeting by notifying the other Contracting Party.

2. The Joint Committee shall undertake any function assigned to it under the provisions of this Agreement. Upon request of a Contracting Party and subject to approval of the other Contracting Party, the Joint Committee shall also examine any other matter affecting the implementation of this Agreement.

3. The Joint Committee may take decisions in the matters related to this Agreement, including decisions on any amendment to this Agreement. The Joint Committee may also make recommendations to matters related to this Agreement.

4. The decisions taken by the Joint Committee on any amendment to this Agreement shall be subject to the completion of the respective internal procedures of the Contracting Parties in accordance with Article 17 and Article 18 of this Agreement.

5. Decisions of the Joint Committee shall be taken by consensus.

The Joint Committee shall set out its rules of procedures during its first meeting.

6. The Joint Committee may also establish any other sub-committees or working groups, as it deems necessary.

ARTICLE 16 Consultations and Dispute Settlement

1. Each Contracting Party shall accord sympathetic consideration and shall afford adequate opportunity for consultations with respect to any matter affecting the operation of this Agreement.

2. Any disputes arising from the interpretation and or application of the Agreement shall first be settled amicably through bilateral consultations by the Joint Committee.

ARTICLE 17 Amendments and Review

1. The Contracting Parties may amend, develop and add the provisions to this Agreement through mutual consent, taking into account the experience gained in its application. Therefore, either Contracting Party may put forward suggestions for the purpose of promoting further liberalization of bilateral trade.

2. By mutual consent of Contracting Parties, this Agreement may be amended and supplemented by separate protocols, which shall be its integral part and come into force in the manner provided for in Article 15 of this Agreement.

ARTICLE 18 Duration, Termination and Entry into force

1. The Contracting Parties shall notify each other in writing of completion of their internal legal procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force thirty (30) days after the date of receipt of the last written notification.

2. This Agreement shall remain in force for the period of five (5) years, either Contracting Party may give notice of termination of this Agreement not less than one year before it is due to expire.

3. Failing such notice this Agreement shall be automatically extended for further periods of five (5) years unless either Contracting Party notifies the other Contracting Party in writing six (6) months in advance of its intention to terminate this Agreement.

Done at Islamabad on 3 March 2022 in two originals, each in Uzbek and English languages, all texts being equally authentic.

In case of differences of interpretation of the provisions of this Agreement, the English texts shall prevail.

(signatures)

Annex I-A

List of goods originating in the territory of the Republic of Uzbekistan and destined for the territory of the Islamic Republic of Pakistan

№ HS Code Description Tariff reduction % Customs Duty (CD) % Additional Customs Duty (ACD) % Regulatory Duty (RD) % Margin of Preference % Revised duty rate % 1. 071331 Dried, shelled beans of species “Vigna mungo [L] Hepper or Vigna radiata [L.] Wilczek”, whether or not skinned or split 100 % decrease 3 2 -* 5 0 2. 071339 Dried, shelled beans “Vigna and Phaseolus”, whether or not skinned or split (excluding beans of species “Vigna mungo [L ] Hepper or Vigna radiata [L.] Wilczek”, small red “Adzuki” beans, kidney beans, Bambara beans and cow peas) 100% decrease 3 2 -* 5 0 3. 081310 Dried apricots 100% decrease in CD and ACD 20 7 -* 27 0 4. 120242 Groundnuts, shelled, whether or not broken (excluding seed for sowing, roasted or otherwise 100% decrease in CD 11 2 20 11 22 5. 170490 Sugar confectionery not containing cocoa, incl. white chocolate (excluding chewing gum) 50% decrease in CD and 100% decrease in ACD and 25% decrease in RD 20 6 40 26 40 6. 180690 Chocolate and other preparations containing cocoa, in containers or immediate packings of 50% decrease in CD and 100% decrease in ACD 20 6 10 16 20 7. 200819 Nuts and other seeds, incl. mixtures, prepared or preserved (excluding prepared or preserved with vinegar, preserved with sugar but not laid in syrup, jams, fruit jellies, marmalades, fruit puree and pastes, obtained by cooking, and groundnuts) 100% decrease in CD and ACD 16 4 20 20 20 8. 740811 Wire of refined copper, with a maximum cross-sectional dimension of > 6 mm 100% decrease in CD and ACD 11 2 -* 13 0 9. 740819 Wire of refined copper, with a maximum cross-sectional dimension of 50% decrease in CD 11 2 -* 5,5 7,5 10. 841510 Window or wall air conditioning machines, self-contained or "split-system” 20% decrease in CD 20 6 5% for “in CKD/ SKD Condition”, & 20% for “Other” 4 27% for “in CKD/ SKD Condition”, & 42% for “Other” 11. 841810 Combined refrigerator-freezers, with separate external doors 20% decrease in CD 20 6 5% on CKD, 20% on Other 4 27% for “in CKD/ SKD Condition”, & 42% for “Other” 12. 850423 Liquid dielectric transformers, having a power handling capacity > 10.000 kVA 25% decrease in CD 20 6 -* 5 21 13. 850450 Inductors (excluding inductors for discharge lamps or tubes) 100% decrease 20 6 -* 26 0 14. 852872 Reception apparatus for television, colour, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus, designed to incorporate a video display or screen 25% decrease in CD 20 6 15 5 36 15. 853710 Boards, cabinets and similar combinations of apparatus for electric control or the distribution of electricity, for a voltage 20% decrease in CD 30 6 -* 6 30 16. 853720 Boards, cabinets and similar combinations of apparatus for electric control or the distribution of electricity, for a voltage > 1.000 V 100% decrease 20 6 -* 26 0 17. 854449 Electric conductors, for a voltage 50% decrease in CD and 100% decrease in ACD 17 5 20% for Telephone Cables, & 10% for “Multi core, flexible, flat type copper, insulated” & “others” 13,5 28,5% for Telephone Cables, & 18,5% for “Multi core, flexible, flat type copper, insulated” & “others”

* in case applying regulatory duties, it will be charged “0” duties

Annex I-B

List of goods originating in the territory of the Islamic Republic of Pakistan and destined for the territory of the Republic of Uzbekistan

№ HS Code Product Description Tariff reduction % Customs Duty (CD) rate % Margin of Preference % Revised duty rate % 1. 080390 Fresh or dried bananas (excluding plantains) 20% decrease in CD 20, but not less than USD 0.20 / kg 4 16, but not less than USD 0.16/kg 2. 080529 Fresh or dried wilkings and similar citrus hybrids 20% decrease in CD 20, but not less than USD 0.20 / kg 4 16, but not less than USD 0.16 /kg 3. 110812 Maize starch 100% decrease in CD 5 5 0 4. 190531 Sweet biscuits 20% decrease in CD 20, but not less than USD 0.30 / kg 4 16, but not less than USD 0.24 / kg 5. 190590 Bread, pastry, cakes, biscuits and other bakersʼ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products (excluding crispbread, gingerbread and the like, sweet biscuits, waffles, wafers not mentioned, rusks, toasted bread and similar toasted products) 30% decrease in CD 20, but not less than USD 0.30 / kg 6 14, but not less than USD 0.21 / kg 6. 240120 Tobacco, partly or wholly stemmed or stripped, otherwise unmanufactured 20% decrease in CD 5 1 4 7. 252329 Portland cement (excluding white, whether or not artificially coloured) 100% decrease in CD 30 30 0 8. 320810 Paints and varnishes, incl. enamels and lacquers, based on polyesters, dispersed or dissolved in a non-aqueous medium; solutions based on polyesters in volatile organic solvents, containing > 50% solvent by weight 20% decrease in CD 10 2 8 9. 320910 Paints and varnishes, incl. enamels and lacquers, based on acrylic or vinyl polymers, dispersed or dissolved in an aqueous medium 20% decrease in CD 10 2 8 10. 382499 Chemical products and preparations of the chemical or allied industries, incl. those consisting of mixtures of natural products, n.e.s. 20% decrease in CD 30 6 24 11. 392020 Plates, sheets, film, foil and strip, of non-cellular polymers of ethylene, not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excluding self-adhesive products, and floor, wall and ceiling coverings of heading 3918) 20% decrease in CD 10 2 8 12. 392062 Plates, sheets, film, foil and strip, of non-cellular poly “ethylene terephthalate”, not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excluding those of poly “methyl methacrylate”, self-adhesive products, and floor, wall and ceiling coverings of heading 3918) 100% decrease in CD 10 10 0 13. 700529 Float glass and surface ground and polished glass, in sheets, but not otherwise worked (excluding wired glass or glass coloured throughout the mass “body tinted”, opacified, flashed or merely surface ground, or glass having an absorbent, reflecting or non-reflecting layer) 20% decrease in CD 10 2 8 14. 701090 Carboys, bottles, flasks, jars, pots, phials and other containers, of glass, of a kind used for the commercial conveyance or packing of goods, and preserving jars, of glass (excluding ampoules, glass inners for containers, with vacuum insulation, perfume atomizers, flasks, bottles etc. for atomizers) 100% decrease in CD 10 10 0 15. 730690 Tubes, pipes and hollow profiles “e.g., open seam, riveted or similarly closed”, of iron or steel (excluding of cast iron, seamless or welded tubes and pipes and tubes and pipes having internal and external circular cross-sections and an external diameter of > 406,4 mm) 100% decrease in CD 5 5 0 16. 820559 Hand tools, incl. glaziersʼ diamonds, of base metal, n.e.s. 20% decrease in CD 10 2 8 17. 851712 Telephones for cellular networks "mobile telephones" or for other wireless networks 20% decrease in CD 5 1 4

Annex II

PREFERENTIAL TRADE AGREEMENT

between the Government of the Republic of Uzbekistan and the Government of the Islamic Republic of Pakistan Rules of Origin

1. Short title, commencement. — (1) these rules may be called the Uzbekistan-Pakistan Preferential Trade Agreement Rules of Origin, (2) They shall come into force with effect from ---------------.

2. Application. — These rules shall apply to the products covered by the Agreement and consigned from the territory of either of the Contracting Parties.

3. Rule 1: Definitions

For the purpose of these Rules:

a) “goods” means both material and the products;

b) “materials” shall include raw materials, ingredients, parts, components, sub-components, sub-assembly and/or goods that were physically incorporated into another good or were subject to a process in the production of another good;

c) “territory” means the territory of the Contracting Party, including the land area, internal waters and the territorial sea and air space above them, as well as any area beyond its territorial sea within which a party has sovereign rights of exploration and exploitations of resources of the seabed and its subsoil and superjacent water resources in accordance with international law and its laws.

d) “consignment of goods” means goods that are dispatched simultaneously under one or several shipping documents to the address of one consignee from one consignor, as well as goods that are sent under one postal invoice or are moved as baggage by one person crossing the border;

e) “resident” means any individuals and legal entities, enterprises or organizations that do not have the status of a legal entity, which, according to the legislation of a Contracting Party to the Agreement, are subject to taxation on the basis of their place of residence, permanent residence, place of management, registration and establishment, or any other similar characteristic;

f) “exporter” means a resident of one of the states party to the Agreement, who is a party to a foreign trade agreement / transaction, which supplies goods to a resident of another state party to the Agreement;

g) “importer” means a resident of one of the states party to the Agreement, who is a party to a foreign trade agreement / transaction, who receives goods in a state party to the Agreement, supplied by a resident of another state party to the Agreement;

h) “consignor / consignee” means a person indicated in the transport documents, who, in accordance with the obligations assumed, has transferred / accepted or intends to transfer / accept goods to the carrier / from the carrier;

i) “Competent authorities” means “Trade Development Authority of Pakistan” for Pakistan side and “Ministry of Investments and Foreign Trade of the Republic of Uzbekistan” for Uzbek side; who will be responsible for issuing Certificate of Origin under UZPPTA.

j) Certificate of origin Form IP (UZPPTA) means document issued by a competent authority and confirming the country of origin of goods;

k) “originating products” mean products that qualify as originating in accordance with the provisions of Rule 2.

l) “materials of undetermined origin” means when determining the country of origin of goods in accordance with the criterion of sufficient processing, materials of undetermined origin are considered as materials of foreign origin.

m) “production” means methods of obtaining goods including growing, mining, harvesting, raising, breeding, extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, producing, processing or assembling a good.

n) “products” means products which are wholly obtained/produced or being manufactured, even if it is intended for later use in another manufacturing operation;

o) “CIF” means the value of the good imported, and includes the cost of freight and insurance up to the port or place of entry into the country of importation;

p) “FOB” means the free-on-board value of the good, inclusive of the cost of transport to the port or site of final shipment abroad;

q) “Harmonized System” means the Harmonized Commodity Description and Coding System agreed to under the WCO;

r) “ex-works price” means the price paid for the product ex-works to the manufacturer in a Contracting Party in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported.

4. Rule 2: Origin Criteria

Products covered by the Agreement imported into the territory of a Contracting Party from the other Contracting Party which are consigned directly within the meaning of Rule 8 hereof, shall be eligible for preferential concessions if they conform to the origin requirement under any one of the following conditions:

(a) products which are wholly obtained/produced as set out and defined in Rule 3 or

(b) sufficiently worked or processed products provided that the said products are eligible under Rule 4 or Rule 5.

5. Rule 3: Wholly Obtained Products

Within the meaning of Rule 2 (a), the following shall be considered as wholly obtained/produced in the exporting Party:

(a) Plant and plant products harvested, picked or gathered there: Live

(b) animals born and raised there:

(c) Product obtained from live animals referred to in paragraph (b) above;

(d) Products obtained from hunting, trapping, fishing, aquaculture; gathering or capturing conducted there;

(e) Minerals and other naturally occurring substances, not included in paragraphs (a) to (d), extracted or taken from its soil waters, seabed or beneath their seabed;

(f) Products taken from the waters, seabed or beneath the seabed outside the territorial waters of that Party, provided that Party has the rights to exploit such waters, seabed and beneath the seabed in accordance with international law;

(g) Products of sea Fishing and other marine products taken from the high ʻseas by-vesselsʼ registered with a Party or entitled to fly the flag of that Party;

(h) Products processed and/or made on board factory ships registered with a Party or entitled to fly the flag of that Party, exclusively from products referred to in paragraph (g) above:

(i) Secondary raw materials and waste resulting from production and other operations carried out in the territory of a given country;

(j) Goods obtained/produced in a Party solely from products referred to in paragraphs (a) to (j) above.

6. Rule 4: Sufficiently worked or processed products

Within the meaning of Rule 2 (b), the criterion for sufficient working / processing can be expressed by the fulfilment of the following conditions:

a) for each material of foreign origin, a change in the commodity item under the HS code at the level of at least one of the first four characters, which occurred as a result of processing / or

b) ad valorem rule, when the cost of used materials of foreign origin does not exceed 18% in the ex-works price of the final product.

Herewith, the value of the non-originating materials shall be:

(I) the CIF value at the time of importation of the materials; or

(II) the earliest ascertained price paid for the materials of undetermined origin in the territoryʼ of the Party where the working or processing takes place.

7. Rule 5: Cumulative Rule of Origin

If in the production of the final product in one of the Contracting Parties to the Agreement, materials originating from another Contracting Party to the Agreement are used, confirmed by a Certificate of origin Form IP (UZPPTA) and subject to stage-by-stage subsequent processing in other Contracting Party to the Agreement, then the country of origin of such goods is considered to be the country in whose territory it was last processed, provided that the materials not originating in any of the Contracting Parties duly meet Rule 4.

8. Rule 6: Minimal Operations and Processes

The operations or processes, listed below, undertaken by themselves or in combination with each other shall be considered to be minimal and shall not be taken into account in determining the origin in terms of Rule 2.

(a) preservation of products in good condition for the purposes of transport or storage;

(b) changes of packaging, or breaking-up and assembly of packages;

(c) simple cleaning, including removal of oxide, oil, paint or other coverings;

(d) simple painting and polishing operations;

(e) simple testing or calibration;

(f) husking, partial or total bleaching, polishing and glazing of cereals and rice;

(g) sharpening, simple grinding, slicing or simple cutting;

(h) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;

(i) affixing or printing-marks, labels, logos and other like distinguishing signs on products or their packaging;

(j) simple mixing of products, whether or not of different kinds;

(k) simple assembly of pans of products to constitute a complete product;

(1) slaughter of livestock.

9. Rule 7: Direct transport

The following shall be considered as directly consigned from the exporting Contracting Party to the importing Contracting Party:

(a) If the products are transported without passing through the territory of any non-Contracting Party;

(b) The products whose transport involves transit through one or more intermediate non-Contracting Parties with or without transshipment or temporary storage in such countries, provided that:

(i) The transit entry is justified for geographical reasons or by considerations related exclusively to transport requirements;

(ii) The products have not entered into trade or consumption there;

(iii) The products have not undergone any operation there other than unloading and reloading or any operation required to keep them in good condition and

(iv) Evidence that the conditions set out in (ii) and (iii) above have been complied with, such as Bill of Lading or a single transport document covering the passage from the exporting country through the country of transit; or failing these, any substantiating documents.

10. Rule 8: Treatment of Packages and Packing Materials

(a) If the product is subject to the value-added criterion, the value of the packages and packing material for retail sale shall be taken into account in its origin assessment, in case the packing is considered as forming a whole with products;

(b) Where paragraph (a) above is not applied, the packages and packing materials shall not be taken into account in determining the origin of the products;

(c) The containers and packing materials exclusively used for the transport of a product shall not be taken into account for determining the origin of any good.

11. Rule 9: Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of machine, equipment, apparatus or vehicle shall be deemed to have the same origin as the machine, equipment, apparatus or vehicle, provided that;

(a) they are the part of the normal equipment; and

(b) they are included in the price thereof; or

(c) they are not separately invoiced.

12. Rule 10: Indirect Materials

In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

(a) energy and fuel;

(b) plant and equipment;

(c) machines and tools;

(d) goods which do not enter and which are not intended to enter into the final composition of the product.

13. Rule 11: Certificate of Origin

A claim that products shall be accepted as eligible for preferential concession shall be supported by a Certificate of Origin as set out in Form IP of Attachment A (UZPPTA) issued by a competent authority designated by the exporting Contracting Party and notified to the other Contracting Party to the Agreement in accordance with the Operational Certification Procedures.

14. Rule 12: Review and Modification

These rules may be reviewed and modified as and when necessary upon request of a Contracting Party and may be opened to such reviews and modifications as agreed by the Contracting Parties.

ANNEXURE III

OPERATIONAL PROCEDURE FOR THE RULES OF ORIGIN UNDER THE PREFERENTIAL TRADE

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN

For the purpose of implementing the Rules of Origin under the Preferential Trade Agreement between the Government of the Republic of Uzbekistan and the Government of the Islamic Republic of Pakistan, the following operational procedures on the issuance and verification of the Certificate of Origin (Form IP) and the other related administrative matters shall apply:

Article 1:

The certificate of Origin shall be issued by The Government Authorities of the exporting Contracting Party.

The certificate must be issued by a body authorized in accordance with the legislation of the Contracting Parties.

Article 2:

(a) The Contracting Party/ shall inform the other Contracting Party the names and addresses of their respective Government Authorities issuing the Certificate of Origin and shall provide specimen signatures and specimen of official seals used by their said Government Authorities.

(b) Any change in names, addresses, or official seals shall be promptly informed in the same manner as stated above.

Article 3:

For the purpose of verifying the conditions for preferential treatment, the Government Authorities designated to issue the Certificate of Origin shall have the right to call for any supporting documentary evidence or to carry out any check considered appropriate. If such right cannot be obtained through the existing national laws and regulations, it shall be inserted as a clause in the application form referred to in the following Rules 4 and 5.

Article 4:

The exporter and/or the manufacturer of the products qualified for preferential treatment shall apply in writing to the Government authorities requesting for the pre-exportation verification of the origin of the products.

The result of the verification, subject to review periodically or whenever appropriate, shall be accepted as the supporting evidence in verifying the origin of the said products to be exported thereafter. The pre-verification may not apply to the products of which, by their nature, origin can be easily verified.

Article 5:

At the time of carrying out the formalities for exporting the products under preferential treatment, the exporter or his authorized representative shall submit a written application for the Certificate of Origin together with appropriate supporting documents proving that the products to be exported qualify for the issuance of a Certificate of Origin.

Article 6:

The Government Authorities designated to issue the Certificate of Origin shall, to the best of their competence and ability, carry out proper examination upon each application for the Certificate of Origin to ensure that:

(a) The application and the Certificate of Origin are duly completed and signed by the authorized signatory;

(b) The origin of the product is in conformity with the Rules of Origin for the Preferential Trade Agreement between the Government of the Republic of Uzbekistan and the Government of the Islamic Republic of Pakistan;

(c) The other statements of the Certificate of Origin correspond to supporting documentary evidence submitted:

(d) HS Code, values, description, quantity conform to the products to be exported.

Article 7:

(a) The Certificate of Origin must be on ISO A4 size paper in conformity to the specimen as shown in Form IP. It shall be made in English language.

(b) The Certificate of Origin shall comprise one original and three Copies.

(c) Each Certificate of Origin shall bear a reference number separately given by each place or office of issuance.

(d) The original shall be forwarded by the exporter to the importer for submission to the Customs Authorities at the place of importation.

Two copies shall be retained by the exporter and quadruplicate copy will be retained by the issuing authority in the exporting country.

(e) the validity of the Certificate of Origin shall be 12 months from the date of its issuance.

Article 8:

Neither erasures nor superimposition shall be allowed on the Certificate of Origin. Any alterations shall be made by striking out the erroneous materials and making any additions required. Such alterations shall be approved by an authorized signatory of the applicant and certified by the appropriate Government Authorities. Unused spaces, shall be crossed out to prevent any subsequent addition.

Article 9:

(a) The Certificate of Origin shall be issued by the relevant Government authorities of the exporting Contracting Party before or at the time, of exportation or within 3 days thereafter whenever the products to be exported can be considered originating in that Contracting Party within the meaning of the Rules of Origin.

(b) In exceptional cases where a Certificate of Origin has not been issued before or at the time of exportation or soon thereafter due to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued retrospectively but no longer than one year from the date of shipment, bearing the words “ISSUED RETROSPECTIVELY” in Box 11 of Form IP.

Article 10:

In the event of theft, loss or destruction of a Certificate of Origin, the exporter may apply in writing to the Government authorities, which issued it for the certified true copy of the origin and the triplicate to be made on the basis of the export documents in their possession bearing the endorsement of the words “DUPLICATE” in Box 12. This copy shall bear the date of the original Certificate of Origin. The certified true copy of a Certificate of Origin shall be issued within the validity period of the original certificate.

Article 11:

1. As an alternative to the provisions regarding the issuance of Certificates of Origin, the Contracting Parties shall accept electronically issued Certificates of Origin under UZPPTA.

2. Contracting Parties shall inform each other about the readiness of the issuance of electronic Certificates of Origin and all technical issues related to such implementation (issuance, submission and verification of an electronic certificate), after signing and implementation of Protocol of Electronic Data Interchange.

3. The Original or Electronic form of the Certificate of Origin shall be submitted by the importer or its authorized representative to the concerned Customs Authorities at the time of filing the import declaration for the products concerned.

Article 12:

The following time limit for the presentation of the Certificate of Origin shall be observed:

(a) Certificate of Origin shall be submitted to the Customs Authorities of the importing Contracting Party within its validity period;

(b) Where the Certificate of Origin is submitted to the relevant Customs Authorities of the importing Contracting Party after the expiration of the time limit for its submission, such Certificate of Origin is still to be accepted when failure to observe the time limit results from force majeure or other valid causes beyond the control of the exporter, duly confirmed in accordance with the national legislation of both Contracting Parties; and

(c) In all cases, the relevant Customs Authorities in the importing Party may accept such Certificate of Origin provided that the products have been imported before the expiration of the time limit of the said Certificate of Origin.

Article 13:

In the case of consignments of products originating in the exporting Contracting Party and not exceeding US$200.00 FOB, the production of a Certificate of Origin shall be waived and the use of simplified declaration by the exporter on a commercial document containing information about the product sufficient for its identification, that the products in question have originated in the exporting Contracting Party will be accepted. Products sent through the post not exceeding US$200.00 FOB shall also be similarly treated.

The consignment must not be a part supplied under one contract.

Article 14:

1. The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the documents submitted to the Customs Authorities of the importing Contracting Party for the purpose of carrying out the formalities for importing the products shall not ipso-facto invalidate the Certificate of Origin, if it does in fact correspond to the products submitted.

Minor discrepancies may include:

• Spelling or grammatical errors in the Certificate of Origin,

• Slight differences in description of the goods between the COO and the supporting documents.

2. Such corrections and/or additions to the Certificate of Origin are made by crossing out erroneous information and imprinting or handwriting of corrected information, which is certified by the signature of an authorized person and the seal authorized body that issued the certificate Form of IP (UZPPTA).

Article 15:

(a) The importing Contracting Party may request a retrospective check at random and/or when it has reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the products in question or of certain parts thereof.

(b) The request shall be accompanied with the Certificate of Origin concerned and shall specify the reasons and any additional information suggesting that the particulars given on the said Certificate of Origin may be inaccurate, unless the retrospective check is requested on a random basis.

(c) The Customs Authorities of the importing Contracting Party may suspend the provisions on preferential treatment while awaiting the result of verification. However, it may release the products to the importer subject to any administrative measures deemed necessary, provided that they are not held to be subject to import prohibition or restriction and there is no suspicion of fraud.

(d) The Issuing Government Authorities receiving a request for retrospective check shall respond to the request promptly and reply not later than three (3) months after the receipt of the request. If the exporterʼs Contracting Party fails to provide a proper response within the specified period, the customs authority of the importerʼs Contracting Party will send the last request for an additional period of three (3) months.

Article 16:

When destination of all or parts of the products exported to a Contracting Party is changed, before or after their arrival in the party the following rules shall be observed;

(a) If the goods have already been presented to the customs authorities of the importing Contracting Party, the certificate of origin, upon written statement by the importer, shall be replaced with a new certificate issued by the Authorized Authorities of the importing Contracting Party.

(b) If the changing of destination occurs during transportation to the importing Contracting Party as specified in the Certificate of Origin, the exporter shall apply in writing, accompanied with the issued Certificate of Origin, for the new issuance for all or parts of products.

Article 17:

(a) When it is suspected that fraudulent acts in connection with the Certificate of Origin have been committed, the Government Authorities concerned shall cooperate in the action to be taken in the territory of the respective Contracting Party against the persons involved.

(b) Each Contracting Party shall be responsible for providing legal sanctions for fraudulent acts related to the Certificate of origin.

Article 18:

In the case of dispute concerning origin determination, classification of products or other matters, the Government Authorities concerned in both the importing and the exporting Contracting Parties shall consult each other with a view to resolving the dispute, and the result shall be reported to the other Contracting Party for information.

1. Exporterʼs Name and Address CERTIFICATE NO. PREFERENTIAL TRADE AGREEMENT between the Government of the Republic of Uzbekistan and the Government of the Islamic Republic of Pakistan (UZPPTA) 2. Consigneeʼs Name and Address CERTIFICATE OF ORIGIN (Combined Declaration and Certificate) Form IP Issued in ______________ (Country) See Overleaf Notes 3. Means of transport and route (as far as known) 4. Marks and numbers on packages; Number and kind of packages; description of goods; HS code Departure Date Vessel /Flight No. Port of loading Port of discharge 5. Item number 6. Origin Criterion 7. Gross Weight, Quantity 8. Number and date of invoices 9. Remarks 10. Declaration by the exporter The undersigned hereby declares that the above details and statement are correct; that all the goods were produced in 11. Certification It is hereby certified, on the basis of control carried out, that the declaration by the exporter is correct. ......................................................................... ........................................................ (Country) and that they comply with the origin requirements specified these goods in the Rules of Origin under Uzbekistan-Pakistan PTA for the goods exported to ......................................................................... ........................................................ (Importing country) ......................................................................... ......................................................................... ......................................................... ........................................................ Place and date, signature and stamp of Authorized issuing Authority /Body Place and date, name, signature and company of authorized signatory