【正文】 m to theevolving international economic environment。Desiring to further the objectives of GATT 1994。Recognizing that clear and predictable rules of origin and theirapplication facilitate the flow of international trade。Desiring to ensure that rules of origin themselves do not createunnecessary obstacles to trade。Desiring to ensure that rules of origin do not nullify or impair therights of Members under GATT 1994。Recognizing that it is desirable to provide transparency of laws,regulations, and practices regarding rules of origin。Desiring to ensure that rules of origin are prepared and applied inan impartial, transparent, predictable, consistent and neutral manner。Recognizing the availability of a consultation mechanism andprocedures for the speedy, effective and equitable resolution ofdisputes arising under this Agreement。Desiring to harmonize and clarify rules of origin。Hereby agree as follows:PART I DEFINITIONS AND COVERAGEArticle 1 Rules of Origin1. For the purposes of Parts I to IV of this Agreement, rules oforigin shall be defined as those laws, regulations and administrativedeterminations of general application applied by any Member to determinethe country of origin of goods provided such rules of origin are notrelated to contractual or autonomous trade regimes leading to thegranting of tariff preferences going beyond the application of paragraph1. of Article I of GATT 1994.2. Rules of origin referred to in paragraph 1 shall include all rulesof origin used in nonpreferential mercial policy instruments, suchas in the application of: mostfavourednation treatment under ArticlesI , II, III, XI and XIII of GATT 1994。 antidumping and countervailingduties under Article VI of GATT 1994。 safeguard measures under ArticleXIX of GATT 1994。 origin marking requirements under Article IX of GATT1994。 and any discriminatory quantitative restrictions or tariff quotas.They shall also include rules of origin used for government procurementand trade statistics. (Notes 1)Notes 1: It is understood that this provision is without prejudiceto those determinations made for purposes of defining domesticindustry or like products of domestic industry or similar termswherever they apply.PART II DISCIPLINES TO GOVERN THE APPLICATION OF RULES OF ORIGINArticle 2 Disciplines During the Transition PeriodUntil the work programme for the harmonization of rules of originset out in Part IV is pleted, Members shall ensure that:(a) when they issue administrative determinations of generalapplication, the requirements to be fulfilled are clearly defined. Inparticular:(i) in cases where the criterion of change of tariff classificationis applied, such a rule of origin, and any exceptions to the rule, mustclearly specify the subheadings or headings within the tariffnomenclature that are addressed by the rule。(ii) in cases where the ad valorem percentage criterion is applied,the method for calculating this percentage shall also be indicated inthe rules of origin。(iii) in cases where the criterion of manufacturing or processingoperation is prescribed, the operation that confers origin on the goodconcerned shall be precisely specified。(b) notwithstanding the measure or instrument of mercial policy towhich they are linked, their rules of origin are not used as instrumentsto pursue trade objectives directly or indirectly。(c) rules of origin shall not themselves create restrictive,distorting, or disruptive effects on international trade. They shall notpose unduly strict requirements or require the fulfilment of a certaincondition not related to manufacturing or processing, as a prerequisitefor the determination of the country of origin. However, costs notdirectly related to manufacturing or processing may be included for thepurposes of the application of an ad valorem percentage criterionconsistent with subparagraph (a)。(d) the rules of origin that they apply to imports and exports arenot more stringent than the rules of origin they apply to determinewhether or not a good is domestic and shall not discriminate betweenother Members, irrespective of the affiliation of the manufacturers ofthe good concerned (Notes 2)。Notes 2: With respect to rules of origin applied for the purposes ofgovernment procurement, this provision shall not create obligationsadditional to those already assumed by Members under GATT 1994.(e) their rules of origin are administered in a consistent, uniform,impartial and reasonable manner。(f) their rules of origin are based on a positive standard. Rules oforigin that state what does not confer origin (negative standard) arepermissible as part of a clarification of a positive standard or inindividual cases where a positive determination of origin is notnecessary。(g) their laws, regulations, judicial decisions and administrativerulings of general application relating to rules of origin are publishedas if they were subject to, and in accordance with, the provisions ofparagraph 1 of Article X of GATT 1994。(h) upon the request of an exporter, importer or any person with ajustifiable cause, assessments of the origin they would accord to a goodare issued as soon as possible but no later than 150 days (Notes 3)after a request for such an assessment provided that all necessaryelements have been submitted. Requests for such assessments shall beaccepted before trade in the good concerned begins and may be acceptedat any later point in time. Such assessments shall remain valid forthree years provided that the facts and conditions, including the rulesof origin, under which they have been made remain parable. Providedthat the parties concerned are informed in advance, such assessmentswill no longer be valid when a decision contrary to the assessment ismade in a review as referred to in subparagraph (j). Such assessmentsshall be made publicly available subject to the provisions ofsubparagraph (k)。Notes 3: In respect of requests made during the first year from thedate of entry into force of the WTO Agreement, Members shall only berequired to issue these assessments as soon as possible.(i) when introducing changes to their rules of origin or new rules oforigin, they shall not apply such changes retroactively as defined in,and without prejudice to, their laws or regulations。(j) any administrative action which they take in relation to thedetermination of origin is reviewable promptly by judicial, arbitral oradministrative tribunals or procedures, independent of the authorityissuing the determination, which can effect the modification or reversalof the determination。(k) all information that is by nature confidential or that isprovided on a confidential basis for the purpose of the application ofrules of origin is treated as strictly confidential by the authoritiesconcerned, which shall not disclose it without the specific permissionof the person or government providing such information, except to theextent that it may be required to be disclosed in the context ofjudicial proceedings.Article 3 Disciplines after the Transition PeriodTaking into account the aim of all Members to achieve, as a resultof the harmonization work programme set out in Part IV, theestablishment of harmonized rules of origin, Members shall ensure, uponthe implementation of the results of the harmonization work programme,that:(a) they apply rules of origin equally for all purposes as set out inArticle 1。(b) under their rules of origin, the country to be determined as theorigin of a particular good is either the country where the good hasbeen wholly obtained or, when more than one country is concerned in theproduction of the good, the country where the last substantialtransformation has been carried out。(c) the rules of origin that they apply to imports and exports arenot more stringent than the rules of origin they apply to determinewhether or not a good is domestic and shall not discriminate betweenother Members, irrespective of the affiliation of the manufacturers ofthe good concerned。(d) the rules of origin are administered in a consistent, uniform,impartial and reasonable manner。(e) their laws, regulations, judicial decisions and administrativerulings of general application relating to rules of origin are publishedas if they were subject to, and in accordance with, the provisions ofparagraph 1 of Article X of GATT 1994。(f) upon the request of an exporter, importer or any person with ajustifiable cause, assessments of the origin they would accord to a goodare issued as soon as possible but no later than 150days after a requestfor such an assessment provided that all necessary elements have beensubmitted. Requests for such assessments shall be accepted before tradein the good concerned begins and may be accepted at any later point intime. Such assessments shall remain valid for three years provided thatthe facts and conditions, including the rules of origin, under whichthey have been made remain parable. Provided that the partiesconcerned are informed in advance, such assessments will no longer bevalid when a decision contrary to the assessment is made in a review asreferred to in subparagraph (h). Such assessments shall be made publiclyavailable subject to the provisions of subparagraph (i)。(g) when introducing changes to their rules of origin or new rules oforigin, they shall not apply such changes retroactively as defined in,and without prejudice to, their laws or regulations。(h) any administrative action which they take in relation to thedetermination of origin is reviewable promptly by judicial, arbitral oradministrative tribunals or procedures, independent of the authorityissuing the determination, which can effect the modification or reversalof the determination。(i) all information which is by nature confidential or which isprovided on a confidential basis for the purpose of the application ofrules of origin is treated as strictly confidential by the authoritiesconcerned, which shall not disclose it without the specific permissionof the person or government providing such information, except to theextent that it may be required to be disclosed in the context ofjudicial proceedings.PART III PROCEDURAL ARRANGEMENTS ON NOTIFICATION, REVIEW,CONSULTATION AND DISPUTE SETTLEMENTArticle 4 Institutions1. There is hereby established a Committee on Rules of Origin(referred to in this Agreement as the Committee) posed of therepresentatives from each of the Members. The Committee shall elect itsown Chairman and shall meet as necessary, but not less than once a year,for the purpose of affording Members the opportunity to consult onmatters relating to the operation of Parts I , II, III and IV or thefurtherance of the objectives set out in these Parts and to carry outsuch other responsibilities assigned to it under this Agreement or bythe Council for Trade in Goods. Where appropriate, the Committee shallrequest information and advice from the Technical Committee referred toin paragraph 2 on matters related to this Agreement. The Committee mayalso request such other work from the Technical Committee as itconsiders appropriate for the furtherance of the abovementionedobjectives of this Agreement. The WTO Secretariat shall act as thesecretariat to the Committee.2. There shall be established a Technical Committee on Rules ofOrigin (referred to in this Agreement as the Technical Committee)under the auspices of the Customs Cooperation Council (CCC) as set outin Annex I . The Technical Committee shall carry out the technical workcalled for in Part IV and prescribed in Annex I . Where appropriate, theTechnical Committee shall request information and advice from theCommittee on matters related to this Agreement. The Technical Committeemay also request such other work from the Committee as it considersappropriate for the furtherance of the abovementioned objectives of theAgreement. The CCC Secretariat shall act as the secretariat to theTechnical Committee.Article 5 Information and Procedures for Modification and Introductionof New Rules of Origin1. Each Member shall provide to the Secretariat, within 90 days afterthe date of entry into force of the WTO Agreement for it, its rules oforigin, judicial decisions, and administrative rulings of generalapplication relating to rules of origin in effect on that date. If byinadvertence a rule of origin has not been provided, the Memberconcerned shall provide it immediately after this fact bees known.Lists of information received and available with the Secretariat shallbe circulated to the Members by the Secretariat.2. During the period referred to in Article 2, Members introducingmodifications, other than de minimis modifications, to their rules oforigin or introducing new rules of origin, which, for the purpose ofthis Article, shall include any rule of origin referred to in paragraph1. and not provided to the Secretariat, shall publish a notice to thateffect at least 60 days before the entry into force of the modified ornew rule in such a manner as to enable interested parties to beeacquainted with the intention to modify a rule of origin or to introducea new rule of origin, unless exceptional circumstances arise or threatento arise for a Member. In these exceptional cases, the Member shallpublish the modified or new rule as soon as possible.Article 6 Review1. The Committee shall review annually the implementation andoperation of Parts II and III of this Agreement having regard to itsobjectives. The Committee shall annually inform the Council for Trade inGoods of developments during the period covered by such reviews.2. The Committee shall review the provisions of Parts I , II and IIIand propose amendments as necessary to reflect the results of theharmonization work programme.3. The Committee, in cooperation with the Technical Committee, shallset up a mechanism to consider and propose amendments to the results ofthe harmonization work programme, taking into account the objectives andprinciples set out in Article 9. This may include instances where therules need to be made more operational or need to be updated to takeinto account new production processes as affected by any technologicalchange.Article