[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,

SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)

Notification No. 62/2026 -Customs (N.T.)

New Delhi, the 3rd July, 2026.

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (51 of 1975), the Central Government hereby makes the following rules, namely: -

1. Short title and commencement. - (1) These rules may be called the Customs Tariff (Determination of Origin of Goods under Comprehensive Economic and Trade Agreement between India and the United Kingdom of Great Britain and Northern Ireland) Rules, 2026.

(2) They shall come into force on the 15th July, 2026.

2. Definitions. - In these rules, unless the context otherwise requires, -

(a) “Agreement” means the Comprehensive Economic and Trade Agreement between the Government of the Republic of India and the Government of the United Kingdom of Great Britain and Northern Ireland signed on the 24th July, 2025;

(b) “Annexure” means the annexures appended to these rules;

(c) “aquaculture” means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seed stock, including seed stock imported from non-Parties, such as eggs, fry, fingerlings, larvae, parr, smolts or other immature fish at a post-larval stage, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding or protection from predators;

(d) “carrier” means any vehicle for air, sea or land transport. However, the carriage of product can be made through multimodal transport;

(e) “competent authority” means,-

(i) for India, in the case of exports from India, the Department of Commerce or agencies notified to issue the certificate of origin; and in the case of imports into India, the Central Board of Indirect Taxes and Customs or any of its successors; and

(ii) for the United Kingdom, its customs authority as defined in Article 1.4 (General Definitions - Initial Provisions and General Definitions);

(f) “exporter” means a person, located in a Party, who, exports a good in accordance with the requirements laid down in the laws and regulations of that Party;

(g) “fungible goods” or “fungible materials” means goods or materials that are interchangeable for commercial purposes and the properties of which are essentially identical;

(h) “generally accepted accounting principles” means the principles recognised by consensus or with substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities, the disclosure of information and the preparation of financial statements. These principles may encompass broad guidelines for general application, as well as detailed standards, practices, and procedures;

(i) “indirect material” means a material used in the production, testing or inspection of a good but not physically incorporated into the good or a material used in the maintenance of buildings or the operation of equipment, associated with the production of a good, including,-

(i) fuel, energy, catalysts and solvents;

(ii) equipment, devices and supplies used to test or inspect the good;

(iii) gloves, glasses, footwear, clothing, safety equipment and supplies;

(iv) tools, dies and moulds;

(v) spare parts and materials used in the maintenance of equipment buildings;

(vi) lubricants, greases, compounding materials and other materials used in production or used to operate equipment buildings; and

(vii) any other material that is not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production;

(j) “issuing authority” means the authorities in India designated for issuance of certificates of origin;

(k) “material” means any good, including ingredients, raw inputs, components or parts used in the production of another good and physically incorporated into it;

(l) “net weight” means the weight of the material or good excluding the weight of any packaging;

(m) “non-originating good” or “non-originating material” means a good or material that does not qualify as originating, including those of unprovable origin, in accordance with these rules;

(n) “originating good” or “originating material” means a good or material that qualifies as originating in accordance with these rules;

(o) “Party” means the Government of Republic of India or the Government of the United Kingdom of Great Britain and Northern Ireland and jointly as Parties;

(p) “producer” means a person who engages in the production of a good;

(q) “production” means operations including growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, aquaculture, gathering, manufacturing, working, processing or assembling a good other than simple assembly;

Explanation: “simple assembly” means an activity which neither requires special skills nor machines, apparatus or equipment especially produced or installed to carry out the activity;

(r) “tariff classification” means the classification of a good according to the Harmonized System;

(s) “territorial sea” means waters extending up to twelve nautical miles from the baseline as defined by the Parties in line with the United Nations Convention on the Law of the Sea, 1982; and

(t) “Working Group on Rules of Origin” means the Working Group on Rules of Origin established in sub-rule (1) of rule 29.

3. Origin Criteria.- Except as otherwise provided in these rules, each Party shall provide that a good is originating, if it is--

(a) wholly obtained or produced entirely in the territory of one or both of the Parties as specified in rule 4;

(b) produced entirely in the territory of one or both of the Parties, exclusively from originating materials; or

(c) produced entirely in the territory of one or both of the Parties using nonoriginating materials, provided the good satisfies all applicable requirements of Annexure-A, in each case, provided the good satisfies all other applicable requirements of these rules.

Explanation: For greater clarity, final production of a good must have occurred in the exporting Party, except those activities as specified in clause (b) of sub-rule (2) of rule 15.

4. Wholly Obtained.- Each Party shall specify that for the purposes of clause (a) of rule 3 the following goods shall be considered as wholly obtained or produced entirely in one or both of the Parties, if they are--

(a) minerals, mineral goods and other non-living natural resources extracted or taken from there;

(b) plant and plant goods, including fruits, flowers, vegetables, trees, seaweed, and live plants or fungi or algae, grown, harvested, cultivated, picked or gathered there;

(c) live animals born and raised there;

(d) goods obtained from live animals raised there;

Explanation: For greater clarity, this includes heifers imported into a Party and then raised there;

(e) goods obtained by hunting, trapping, fishing or aquaculture conducted there, but not beyond the outer limits of a Party’s territorial sea;

(f) fish, shellfish and other marine life taken from the sea, seabed or subsoil outside the territorial sea of each Party and outside the territorial sea of non- Parties in accordance with the international law, by vessels that are registered with a Party and entitled to fly the flag of that Party;

(g) a good produced from the goods referred to in clause (f) on a factory ship that is registered with a Party and entitled to fly the flag of that Party;

(h) minerals, mineral goods and other non-living natural resources, taken or extracted from the seabed or subsoil, outside the territories of the Parties, and beyond areas over which non-Parties exercise jurisdiction; provided that that Party or person of the Party has rights to exploit such seabed or subsoil;

(i) a good, excluding precious metals, that is--

(i) waste or scrap derived from consumption or production there; or

(ii) waste or scrap derived from used goods collected there, provided that those goods are fit only for the recovery of raw materials; or

(j) goods and their derivatives produced there exclusively from goods referred to in clause (a) through (i).

5. Value of the Good.- (1) For the purposes of these rules, each Party shall specify that the value of the good may be ex-works price or free-on-board (FOB) value.

(2) The ex-works price is either;-

(a) the price paid or payable for the good to the producer at the place where the last production was carried out and shall include the value of all materials; or

(b) the price actually paid or payable for the good when sold for export.

(3) In case no price is paid or payable or if it does not include the value of all materials, the ex-works price;-

(a) shall include the value of all materials and the cost of production employed in producing the good, calculated in accordance with the generally accepted accounting principles; and

(b) may include amounts for general expenses and profit to the producer that can be reasonably allocated to the good.

(4) For the purposes of calculating the value of the good in accordance with sub-rule (2) or sub-rule (3), the ex-works price shall;-

(a) not take into account any internal taxes which are, or may be, repaid when the good obtained is exported; and

(b) exclude any costs incurred subsequent to the good leaving the place where the last production was carried out, such as transportation, loading, unloading, handling or insurance.

(5) The free-on-board value shall be the price actually paid or payable to the exporter for a good when loaded onto the carrier at the named port of exportation, including the cost of the product and all costs required to bring the good onto the carrier, not taking into account any internal taxes which are or may be repaid when the good obtained is exported.

6. Qualifying Value Content.- (1) Where Annexure-A specifies a qualifying value content test to determine whether a good is originating, each Party shall provide that the qualifying value content (QVC) shall be calculated using one of the following methods:

(a) Build-Down Method: based on the value of non-originating materials value of the good-value of non-originating materials QVC= × 100; value of the good

(b) Build-Up Method: based on the value of originating materials Value of originating materials QVC = × 100, Value of the good where, QVC is the qualifying value content of a good, expressed as a percentage.

(2) Each Party shall provide that the value of a material shall be--

(a) for a material imported by the producer of the good, the price actually paid or payable for the material at the time of importation, or other value determined in accordance with the Customs Valuation Agreement, including the costs incurred in transporting the material to the port or place of importation, such as transportation, loading, unloading, handling or insurance;

(b) for a material acquired in the territory where the good is produced--

(i) the price paid or payable by the producer in the Party where the producer is located;

(ii) the value as determined for an imported material in clause (a); or

(iii) the earliest ascertainable price paid or payable in the territory of the Party; or

(c) for a material that is self-produced, all the costs incurred in the production of the material, which includes general expenses.

(3) For an originating material, the following expenses may be added to the value of the material, if not included under sub-rule (2) :--

(a) the costs of freight, insurance, packing and all other costs incurred to transport the material to the location of the producer of the good;

(b) duties, taxes and customs brokerage fees on the material paid in the territory of a Party, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by- product.

(4) For a non-originating material or material of undetermined origin, the following expenses, where included under sub-rule (2), may be deducted from the value of the material :--

(a) the costs of freight, insurance, packing and all other costs incurred in transporting the material to the location of the producer of the good;

(b) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both Parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by- product.

(5) If the cost or expense specified in sub-rule (3) or (4) is unknown or documentary evidence of the amount of the adjustment is not available, then no adjustment is allowed for that particular cost or expense.

7. Materials Used in Production.- (1) Each Party shall provide that if a non-originating material undergoes further production such that it satisfies the requirements of these rules, the material is treated as originating when determining the originating status of the subsequently produced good, regardless of whether that material was produced by the producer of the good.

(2) Each Party shall provide that if a non-originating material is used in the production of a good, the following may be counted as originating content in determining whether the resulting good meets a qualifying value content requirement:--

(a) the value of processing of the non-originating material undertaken in the territory of the exporting party; and

(b) the value of any originating material used in the production of the nonoriginating material undertaken in the territory of one or both of the Parties.

8. Non-Qualifying Operations.- (1) Each Party shall provide that, notwithstanding anything contained in these rules, a good shall not be considered to be originating merely by undergoing any of the following operations in the territory of that Party:--

(a) operations to ensure the preservation of products in good condition during transport and storage (such as drying, freezing or thawing, keeping in brine, removal of damaged parts) and other similar operations;

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

(c) washing, cleaning, removal of dust, oxide, oil, paint or other coverings;

(d) for textiles: attaching accessory articles such as straps, bands, beads, cords, rings and eyelets; ironing or pressing of textiles;

(e) simple painting and polishing;

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

(g) operations to colour sugar or form sugar lumps;

(h) peeling and removal of stones and shells from fruits, nuts and vegetables;

(i) sharpening, simple grinding or simple cutting;

(j) simple operations such as removal of dust, sifting, screening, sorting, classifying, grading or matching;

(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 like distinguishing signs on products or their packaging;

(m) simple mixing of goods, whether or not of different kinds; mixing of sugar or any other sweetening matter to any good;

(n) simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;

(o) slaughter of animals;

(p) simple testing, calibration, inspection or certification;

(q) dilution with water or another substance that does not materially alter the characteristics of the good;

(r) a production or pricing practice in respect of which it may be demonstrated, on the basis of a preponderance of evidence, that the object was to circumvent the provisions of these rules; or

(s) any combination of two or more operations specified in clauses (a) to (r).

(2) For the purposes of this rule, the expression “simple” describes an activity which needs neither special skills nor machines, apparatus or equipment especially produced or installed to carry out the activity.

9. Cumulation.- Each Party shall provide that an originating good or material in the territory of one Party, under the terms of rule 3 (Origin Criteria) and all the other applicable requirements of these rules, that is incorporated in the production of a good in the territory of the other Party is considered to originate in the territory of the other Party.

10. Tolerance.- (1) Each Party shall provide that a good containing non-originating materials that does not satisfy the applicable change in tariff classification requirement or wholly obtained requirement specified in Annexure-A for the good is nonetheless originating, if:--

(a) in the case of a good in Chapters 1 to 3, 5, 6, 10 and 14 of the Harmonized System:

(i) the value of those non-originating materials does not exceed 7.5 per cent of the value of the good; or

(ii) the net weight of those non-originating materials does not exceed 7.5 per cent of the net weight of the good; and the good satisfies all other applicable requirements of these rules;

(b) in the case of a good in Chapters 4, 7 to 9, 11 to 13 and 15 to 24 of the Harmonized System:

(i) the value of those non-originating materials does not exceed 12.5 per cent of the value of the good; or

(ii) the net weight of those non-originating materials does not exceed 12.5 per cent of the net weight of the good; and the good satisfies all other applicable requirements of these rules; or

(c) in the case of a good in Chapters 25 to 98 of the Harmonized System, the value of those non-originating materials does not exceed 12.5 per cent of the value of the good and the good satisfies all other applicable requirements of these rules.

(2) If a good is also subject to a qualifying value content requirement, the value of those non-originating materials shall be included in the value of non-originating materials for any applicable qualifying value content requirement.

11. Fungible Goods and Materials.- (1) Each Party shall provide that a fungible good or material is treated as originating based on the:

(a) physical segregation of each fungible good or material; or

(b) use of any inventory management method recognised in the generally accepted accounting principles of the Party where the production is performed, if the fungible good or material is commingled, provided that the inventory management method selected is used throughout the fiscal year of the person that selected the inventory management method.

(2) The inventory management method chosen must:--

(a) allow a clear distinction to be made between originating and nonoriginating materials including materials of undetermined origin acquired or kept in stock; and

(b) ensure that, over the relevant accounting period of twelve months, no more goods or materials receive originating status than would have been the case, if the fungible goods or materials had been physically segregated.

(3) For greater certainty and in accordance with clause (b) of sub-rule (1) of rule 25, a producer using an inventory management system shall keep records of the operation of the system that are necessary for the authority of the Party concerned to verify compliance with the provisions of these rules.

12. Accessories, Spare Parts or Tools.- (1) Each Party shall provide that the origin of the accessories, spare parts, tools or instructional or other information materials presented with a good shall be--

(a) disregarded in determining whether a good satisfies a process or change in tariff classification or wholly obtained requirement for the good; and

(b) taken into account as originating or non-originating materials, as the case may be, in calculating the qualifying value content of the good, if the good is subject to a qualifying value content requirement.

(2) Sub-rule (1) shall apply only in such cases where:--

(a) the accessories, spare parts, tools and instructional or other information materials presented with the good are not invoiced separately from the good; and

(b) the quantities and value of the accessories, spare parts, tools and instructional or other information materials presented with the good are customary for that good.

13. Packaging and Packing Materials.-

(1) Each Party shall provide that for the purpose of determining whether a good is originating, packaging and packing materials and containers in which a good is packaged for retail sale shall, if classified with the good, be: -

(a) disregarded in determining whether a good satisfies a process or change in tariff classification or wholly obtained requirement for the good; and

(b) taken into account as originating or non-originating materials, as the case may be, in calculating the QVC of the good.

(2) Each Party shall provide that packaging and packing materials and containers used for the shipment of a good shall be disregarded in determining the origin of goods.

14. Indirect Materials.- Indirect materials shall neither be considered originating nor nonoriginating for the purposes of calculating QVC specified in rule 6.

15. Non-Alteration.- (1) Each Party shall provide that an originating good retains its originating status if the good has been transported to the importing Party without passing through the territory of a non-Party.

(2) Each Party shall provide that an originating good transported through or stored in a non-Party shall retain its originating status provided it:

(a) remains under customs control, such as in a warehouse, and is not released to free circulation or trade in the territory of any non-Party; and

Explanation: For greater clarity, free circulation includes trade or consumption; (b) does not undergo further production or any other operation outside the territories of the Parties, other than unloading, reloading, splitting up of loads, separation from bulk, storing, labelling, marking, bottling or any operation necessary to preserve it in good condition;

Explanation: For greater certainty, bottling applies only to filling into bottles from bulk of goods of heading 2208 of the Harmonized System and where appropriate mere dilution with water that does not alter the origin of the bottled good.

(3) An importer shall provide to the customs authority of the importing Party upon request:--

(a) information, including documentation, demonstrating that the conditions specified in sub-rule (2) have been fulfilled; and

(b) where bottling has taken place in a non-Party, transportation documents and commercial documents indicating the entire transport route of the good from the exporting party to the importing party and information including documentation demonstrating that the good remained under customs control, such as a non-manipulation certificate issued by a customs authority in the non-party.

16. Proof of Origin.- (1) Each Party shall provide that a claim for preferential tariff treatment is based on an applicable proof of origin:--

(a) for importers in the United Kingdom, an applicable proof of origin shall be:

(i) an origin declaration completed by the exporter or producer;

(ii) a certificate of origin issued by an issuing authority; or

(iii) the importer’s knowledge that the good is originating; and

(b) for importers in India, an applicable proof of origin shall be an origin declaration completed by the exporter or producer.

(2) Each Party shall provide that an origin declaration or a certificate of origin:

(a) is valid for twelve months from the date of completion in the case of an origin declaration, or date of issue in the case of a certificate of origin or for such longer period specified by the laws and regulations of the importing Party;

(b) is submitted to the customs authority of the importing Party in accordance with the laws and regulations of the importing Party;

(c) shall follow the structure in Annexure-B or Annexure-C, as the case maybe;

(d) must be in writing including electronic format;

(e) must be accompanied by an invoice or any other commercial document that describes the goods concerned in sufficient detail to enable them to be identified;

(f) may apply to importations of a single shipment of one or more goods; and

(g) shall be in the English language.

(3) For the United Kingdom, an origin declaration or a certificate of origin may apply to importations of multiple shipments of identical goods within any period specified in the origin declaration or the certificate of origin, where such period does not exceed twelve months.

(4) In exceptional circumstances, the customs authority of the importing Party may accept a proof of origin for the purpose of granting preferential tariff treatment even after the expiry of its validity provided the failure to observe the time limit results from force majeure or other valid reasons beyond the control of the exporter and the goods have been imported before the expiry of the validity period.

(5) An importing Party shall not deny a claim for preferential tariff treatment for the sole reason that an invoice or other commercial document referred to in clause (e) of subrule (2) was issued in a non-Party or not issued by the exporter or producer of a good, provided that it meets the requirements in these rules.

(6) Subject to sub-rule (7), each Party shall provide that a proof of origin shall be issued or completed prior to or at the time of importation.

(7) Notwithstanding anything contained in sub-rule (6), a proof of origin may be completed after importation, provided that the good was originating at the time of importation in order to qualify for a late claim as specified in rule 21. A proof of origin completed after importation shall bear the words “completed retrospectively” and shall include an explanation as to why the proof of origin is completed retrospectively.

(8) A late claim made in accordance with rule 21 shall not be rejected based on the explanation referenced in sub-rule (7), if the good was originating at the time of importation.

(9) If unassembled or disassembled goods within the meaning of General Rule 2(a) of the Harmonized System are imported by more than one shipment, a single origin declaration for such goods may be used on request of the importer and in accordance with the requirement laid down by the customs authority of the importing Party.

Explanation: For India, this includes a requirement to use a single import declaration for such goods.

17. Basis of a Claim for Preferential Tariff Treatment.-

(1) The United Kingdom shall provide that if the importer of a good makes a claim for preferential tariff treatment based on the importer’s knowledge that the good is originating, the claim is made subject to the importer having documentation demonstrating that the good is originating. Such documentation may have been provided to the importer by the exporter, producer or any other person.

(2) Each Party shall provide that if a producer declares the origin of a good, the origin declaration is completed on the basis of the producer having information that the good is

originating.

(3) Each Party shall provide that, if the exporter is not the producer of the good and the exporter declares the origin of a good, the origin declaration is completed on the basis of the exporter having information to demonstrate that the good is originating, which may

include a reliance on the producer’s information.

(4) India shall provide that if the issuing authority issues a certificate of origin, the certificate of origin is issued on the basis of the issuing authority receiving information that the good is originating from the exporter or the producer.

(5) For greater certainty, nothing in this rule shall be construed to allow the importing Party to require an importer to request the exporter or producer to provide confidential information to the importer.

(6) For the purpose of enabling India to establish the authenticity of an origin declaration prior to an Indian importer making a claim for preferential tariff treatment, subject to sub-rule (8) and Annexure-E, there shall be an authentication process that is provided for in accordance with sub-rule (7).

(7) The Parties shall, on entry into force of the Agreement, agree and provide for the modalities of the authentication process referred to in sub-rule (6) which shall include ensuring that the necessary systems for enabling the electronic exchange of information are in place, following the framework in Annexure-D.

(8) Annexure-E shall apply to information processed by the Parties or shared between the Parties pursuant to the authentication process referred to in sub-rule (7) and Annexure- D. The Parties shall, if appropriate, mutually agree to modify Annexure-E.

18. Certificate of Origin.-

(1) A certificate of origin shall be issued by an issuing authority.

(2) India shall exchange names of the issuing authorities and their specimen seals with His Majesty’s Revenue and Customs.

(3) India shall promptly inform His Majesty’s Revenue and Customs of any change in names of the issuing authorities and their specimen seals.

19. Exemptions from Proof of Origin Requirements.-

(1) For the United Kingdom, by way of derogation from rule 16 and rule 17, provided that a good has been declared to customs as meeting the requirements of these rules and the customs authority of the United Kingdom has no reasonable doubts as to the veracity of that customs declaration, the United Kingdom shall grant preferential tariff treatment to that good if:

(a) the customs value of the importation does not exceed 1,000 pounds sterling or any higher amount as the United Kingdom may specify; or

(b) it is a good for which the United Kingdom has waived the requirements set out in rule 16 and rule 17.

(2) At the first meeting of the Working Group on Rules of Origin, the Parties may commence a review of this rule. The review shall consider the introduction of an exception to rule 16 and rule 17 for all low value goods.

(3) Sub-rule (1) does not apply if the importation forms part of a series of importations which the customs authority of the United Kingdom reasonably considers to have been carried out or planned for the purpose of evading compliance with its laws and regulations governing claims for preferential tariff treatment made under the Agreement.

(4) A Party shall provide that the importer shall be responsible for the correctness of the declaration referred to in sub-rule (1) of this rule and for compliance with the requirements of these rules.

20. Determinations of Claims for Preferential Tariff Treatment.- (1) Save as otherwise provided in sub-rule (2), each Party shall grant a claim for preferential tariff treatment made in accordance with these rules for a good that, on or after the date of entry into force of the Agreement, arrives in that Party or is released from customs control in that Party.

(2) The importing Party may deny a claim for preferential tariff treatment if:

(a) it determines that the good does not qualify as originating in accordance with the provisions of these rules or does not satisfy the requirements of these rules;

(b) pursuant to a verification under rule 26, it has not received sufficient information, including any information that may have been received or provided by the competent authority of the exporting Party, to determine:

(i) that the good qualifies as originating; or

(ii) that the importer, exporter, or producer has complied with the requirements of these rules;

(c) the exporter, producer, or importer fails to respond to a written request for information specified in rule 26; or

(d) the importer, exporter, or producer fails to comply with the relevant requirements for obtaining preferential tariff treatment.

(3) In case where the importing Party denies a claim for preferential tariff treatment, it shall issue a determination to the importer that includes the reasons for the determination.

The customs authority of the importing Party may also share the determination and reasons for the determination with the customs authority of the exporting Party.

21. Refunds and Claims for Preferential Tariff Treatment After Importation.- (1)Each Party shall provide that:

(a) an importer may make a late claim for preferential tariff treatment; and

(b) subject to sub-rule (2), it shall refund any excess duties paid for a good, if the importer did not make a claim for preferential tariff treatment at the time of importation, provided that the good would have qualified for preferential tariff treatment at the time of importation.

(2) As a condition for a refund of excess duties under clause (b) of sub-rule (1), the importing Party shall require that the importer:

(a) makes a claim for preferential tariff treatment in accordance with rule 16; and

(b) provides such documentation relating to the importation of the good as the importing Party may require. This may include a copy of the origin declaration where a claim is based on an origin declaration.

(3) Each Party shall provide that a late claim for preferential tariff treatment may be made not later than one year after the date of importation or a longer period, if specified in the importing Party’s laws and regulations.

22. Incorrect Claims for Preferential Tariff Treatment.-

(1) Each Party shall provide that, if the importer has reason to believe that the claim for preferential tariff treatment is based on incorrect information that could affect the accuracy or validity of the claim, the importer shall immediately correct the documentation relating to importation, notify the customs authority of the importing Party and pay any customs duty and, if applicable, penalties imposed.

(2) Each Party shall encourage its customs authority, when considering imposing penalty in relation to a claim for preferential tariff treatment, to consider as a significant mitigating factor, a notification given prior to the discovery of that error by the Party and, provided that in accordance with sub-rule (1), the importer rectifies the error and pays any duty.

23. Errors and Discrepancies.-

(1) A Party shall not reject a proof of origin due to minor errors or discrepancies, omissions of information or typing errors or formatting errors, provided these minor errors or discrepancies do not create doubt as to the originating status of a good.

(2) Each Party shall provide that, if its customs authority determines that a proof of

origin in respect of a good imported into that Party is illegible or defective on its face, the

importer shall be granted a period of thirty days from the date of communication from the

customs authority of the importing Party to provide a copy of the corrected proof of origin.

24. Penalties.- Each Party shall adopt or maintain measures imposing, where appropriate, criminal, civil, or administrative penalties for violations of its laws and regulations relating to these rules.

25. Record Keeping Requirements.- (1) Each Party shall provide that an importer claiming preferential tariff treatment is required to keep and provide to the customs authority of the importing Party upon request:--

(a) the documentation related to the importation, including any origin declaration or certificate of origin that served as the basis for the claim; and

(b) any records necessary to demonstrate the good satisfies the requirements for obtaining originating status for a period of at least four years from the date of importation of the good, or such longer period as required by the laws and regulations of the importing Party.

(2) Each Party shall provide that a producer or exporter is required to keep for a period of five years from the date of issuance of the certificate of origin or completion of the origin declaration, or such longer period as the exporting Party specifies, documentation related to the importation, including any origin declaration or certificate of origin and, where applicable, information from the supplier and all records thereof to prove origin.

Explanation: For India, this sub-rule shall also apply to the issuing authority.

(3) Each Party shall provide that an importer, exporter or producer in that Party may choose to maintain the records in sub-rules (1) and (2) in any medium that allows for prompt retrieval, including electronic, optical, magnetic or written form in accordance with that Party’s laws and regulations.

Explanation: For India, this sub-rule shall also apply to the issuing authority.

(4) For greater certainty, these obligations shall apply to the inventory management system of the producer.

26. Verification of Origin.-

(1) For greater certainty, the verification of origin process specified herein shall be subsequent to the checking of authenticity of the proof of origin in accordance with rule 17. The mechanism based on Annexure-D may be amended by mutual agreement by the Subcommittee on Trade in Goods to be considered further by the Working Group on Rules of Origin.

(2) Where a claim for preferential tariff treatment is based on the importer’s knowledge pursuant to sub-rule (1) of rule 16, for the purpose of determining whether a good imported into the United Kingdom is originating, the customs authority of the United Kingdom may conduct a verification by a written request for information from the importer of the goods.

Explanation: For greater certainty, if a claim for preferential tariff treatment is based on the importer’s knowledge that the good is originating, the customs authority of the United Kingdom shall not request information from the competent authority of India to complete verification under these rules.

(3) Where a claim for preferential tariff treatment is based on an origin declaration or a certificate of origin, for the purpose of determining whether a good imported into the importing Party is originating, the customs authority of the importing Party may conduct a verification of the claim by requesting in writing, information from the importer of the good in accordance with the laws and regulations of the importing Party.

(4) Where the customs authority of the importing Party considers the information obtained under sub-rule (3) is not sufficient to make a determination of origin, the customs authority of the importing Party shall make a written request for information from the competent authority of the exporting Party. The customs authority of the importing Party shall seek information necessary to verify the origin of the good and pertaining to the fulfilment of the requirements of these rules. The request shall be made not later than two years after the date on which the claim for preferential tariff treatment was made.

(5) A request for assistance relating to the verification of origin in respect of a claim for preferential tariff treatment under the Agreement may be made after the two year time period specified in sub-rule (4) in accordance with the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India on Cooperation and Mutual Administrative Assistance in Customs Matters signed in London on 31st May, 2021. Such requests may include a request for the information referred to in sub-rule (6). For greater certainty, rule 20 remains applicable pursuant to such a request. In the case of suspected fraud, collusion, wilful misstatement, and suppression of facts where such a request is made within a period of five years from the date on which the claim for preferential tariff treatment was made, the requested Party shall ensure that it responds to the request within twelve months. In exceptional cases, the Parties may by mutual agreement agree to extend this period for further six months.

Explanation: Requests for information from the United Kingdom shall be made to the Department of Commerce in India.

(6) A request made pursuant to sub-rule (4) may also include a request for the competent authority of the exporting Party to verify specific information held by the exporter, producer or supplier necessary to determine the origin of the good, such as:

(a) where the origin criterion is wholly obtained pursuant to clause (a) of subrule (1) of rule 3, the applicable category, such as harvesting, mining, fishing and the place of production;

(b) where the origin criterion is based on the good having been produced entirely pursuant to clause (b) of sub-rule (1) of rule 3, the information on the origin of the materials used, including information referred to in clauses (d), (e) and (f) and the place of production;

(c) where the origin criterion is based on the good satisfying all applicable requirements of Annexure-A in accordance with clause (c) of sub-rule (1) of rule 3, the information on the origin of the materials, including information referred to in clauses (d), (e) and (f) and the place of production;

(d) where the origin criterion is based on a change in tariff classification, a list of all the non-originating materials used in the production of the good in a Party, including their tariff classification in two, four or six- digit format, depending on the relevant product-specific rule of origin;

(e) where the origin criterion is based on a value method, the value of the final good and the value of all the non-originating materials used in the production of that good if the build down method is used or the value of all originating materials used in the production if the build-up method is used as well as other relevant elements, including expenses, in accordance with rule 6;

(f) where the origin criterion is based on a specific production process, a description of that specific process;

(g) where the good has acquired originating status pursuant to sub-rule (1) of rule 7 or rule 9, information on the origin of the materials used and the final good, including information referred to in clauses (d), (e) and (f) and the place of production;

(h) information on any tolerances relied on under rule 10;

(i) information relating to compliance with the non-alteration provisions under rule 15;

(j) any other information including specific documentation or production process; or

(k) supporting documentation, where appropriate.

(7) The competent authority of the exporting Party shall provide the customs authority of the importing Party with a written acknowledgement of receipt of the request made pursuant to sub-rule (4) or sub-rule (6) within a period of thirty days after the date of the request.

(8) Following a request under sub-rule (4), the competent authority of the exporting Party may conduct a verification by one or more of the following activities:--

(a) requesting in writing, specific information and documentation from the exporter, producer or supplier referred to in sub-rule (6);

(b) requesting in writing, including by way of questionnaire, such information from the exporter, a producer or a supplier to ascertain the veracity of the information that formed the basis of the proof of origin; and

(c) visiting the premises of the exporter, producer, or supplier to review the records referred to in sub-rule (2) of rule 25, or to observe the facilities, processes, equipment or tools used in the production of the good, or to gather further evidence to verify the originating status of the goods.

(9) As soon as possible and in any event within seven months of receiving a request under sub-rule (4), the competent authority of the exporting Party shall provide the customs authority of the importing Party with a verification report. In exceptional cases, the Parties may agree, by mutual agreement, to extend this period by a further three months. The verification report shall include the following;--

(a) subject to sub-rule (10), any available information, including specific documentation, which the customs authority of the importing Party requested the competent authority of the exporting Party to verify, pursuant to sub-rule (6);

(b) a description of the good that is subject to examination, including its tariff classification in 2, 4 or 6-digit format, depending on the origin criterion;

(c) a description of the production process;

(d) information on the manner in which the verification of the good pursuant to sub-rule (8) was conducted including the subject and scope of the verification; and

(e) supporting documentation, where appropriate.

(10) Notwithstanding sub-rule (9), the competent authority of the exporting Party shall not provide information to the customs authority of the importing Party if that information is deemed confidential by the exporter, producer or supplier. In such circumstances, the competent authority of the exporting Party shall confirm if it has reviewed the information the importing Party requested it to verify pursuant to sub-rules (4) and (6) and shall list the sources of information reviewed, stating whether the information supports the claim for preferential tariff treatment.

(11) If, upon receiving the verification report under sub-rule (9), the customs authority of the importing Party is unable to make a determination, it may request that the competent authority of the exporting Party verifies specific additional information, as mentioned in the request, relating to the origin of the good, which may include the information referred to in sub-rule (6), by way of a written request to the exporter, producer or supplier.

(12) In exceptional circumstances, if, following a request under sub-rule (11), the customs authority of the importing Party is unable to make a determination, it may request that the competent authority of the exporting Party conducts a visit to the exporter, producer or supplier. The customs authority of the importing Party shall only make a request where it reasonably considers the visit necessary to make a determination. The request for such a verification visit shall be made not later than thirty days of the receipt of the response from

the competent authority of the exporting Party to a request made under sub-rule (11). The competent authority of the exporting Party shall respond to the request for a visit within forty-five days.

(13) Upon acceptance of a request for a visit under sub-rule (12), the competent authority of the exporting Party shall give a notice of at least twenty-one days to the competent authority of the importing Party to enable arrangements for the visit.

(14) Subject to any reasonable conditions specified by the competent authority of the exporting Party, such as health and safety requirements, the customs authority of the importing Party may designate upto two observers to be present during the verification visit conducted by the customs authority of the exporting Party under sub-rule (12), provided that,-

(a) any person designated as an observer is a government official of the importing Party; and

(b) any observer acts through the competent authority of the exporting Party and does not, on its own initiative, look for documents, conduct any searches or questions the exporter, producer or supplier directly.

(15) The competent authority of the exporting Party shall share the information on the visit including the manner in which the visit was conducted as well as the subject and scope of the verification within forty-five days of the conclusion of the visit.

(16) A verification under this rule may be conducted at any time after the claim for preferential tariff treatment is made.

(17) A request for verification under this rule shall be conducted on the basis of risk assessment methods, which may include random selection or on the basis of intelligence.

(18) During verification, the importing Party may allow the release of the good, subject to payment of any duties or provision of any security as provided for in its laws and regulations. In accordance with the laws and regulations of the importing Party, if, as a result of the verification, the importing Party determines that the good meets all the requirements of these rules, it shall grant preferential tariff treatment to the good and

refund any excess duties paid or release any security provided, unless the security also covers other obligations.

(19) The customs authority of the importing Party shall reserve the right to issue the final determination of origin in accordance with rule 20, provided that the determination takes into account the information provided to it by the competent authority of the exporting Party as well as any independent findings or investigation.

(20) The customs authority of the importing Party shall:--

(a) make a determination following a verification as expeditiously as possible and not later than one year from the date it receives information which, in its opinion, is sufficient to enable it to make such a determination. If permitted by its laws and regulations, a Party may extend this period in exceptional cases, such as where the information concerned is complex. This time period will not apply to verifications pertaining to cases of suspected fraud, collusion, wilful misstatement, and suppression of facts referred to in subrule (5);

(b) provide the importer with a written determination of whether the good is

originating that includes the reasons for the determination; and

(c) provide the competent authority of the exporting Party with a written

determination of whether the good is originating including the reasons for

that determination.

(21) The competent authorities of the Parties shall cooperate in the overall operation and

administration of the verification process including establishing priorities, by mutual

agreement, if there are a significant number of requests.

(22) The customs authorities of the Parties shall bear their own costs in carrying out the

activities referred to in this rule.

27. Temporary Suspension of Preferential Tariff Treatment.- (1) Subject to the

possibility of exemption under sub-rule (11), the importing Party may, in accordance with

the procedure laid down in sub-rule (3), temporarily suspend preferential tariff treatment

in respect of a good for which an exporter or producer has completed a proof of origin, if:

(a) a good has been subject to verification in accordance with rule 26 on at least

two separate occasions and the second occasion is in respect of a proof of

origin dated at least one month after the competent authority of the importing

Party provides the determination to the competent authority of the exporting

Party in respect of the first occasion; and

(b) each verification results in the denial of preferential tariff treatment in

accordance with rule 20.

(2) Suspension of preferential tariff treatment under sub-rule (1) shall only apply to a

good imported after the suspension is initiated, if that good is:

(a) classified under the same classification code as specified in the import

declaration of the good that was subject to verification under sub-rule (1);

and

(b) exported or produced by the exporter or producer who completed the proof

of origin of the good that was subject to verification under sub-rule (1).

(3) If the importing Party intends to temporarily suspend preferential tariff treatment in

accordance with sub-rule (1), it shall notify the competent authority of the exporting Party

at least fifteen days prior to the commencement of any suspension, which shall include the

following:

(a) the name of the exporter or producer and their reference number;

(b) the detailed reasons for the intention to suspend preferential tariff treatment;

(c) a detailed description of the good subject to suspension, including the

corresponding commodity code as specified in the import declaration and

the description of the good as specified in the proof of origin;

(d) the time period for which the temporary suspension is to be in effect;

(e) the information on the measures necessary for the restoration of preferential

tariff treatment; and

(f) any other relevant information.

(4) Temporary suspension pursuant to sub-rule (1) shall apply only for the period

necessary to counteract breaches or circumventions of these rules and to protect the

financial interests of the importing Party. The competent authority of the importing Party

shall restore preferential tariff treatment suspended in accordance with sub-rule (1), if the

competent authority of the exporting Party provides evidence and the Parties agree that the

conditions that gave rise to the suspension no longer exists. If the importing Party is not

satisfied that the evidence provided by the competent authority of the exporting Party

demonstrates that the conditions that gave rise to the suspension no longer exist, they shall

provide their reasoning. Where the conditions that gave rise to the suspension exist at the

expiry of the period of the temporary suspension, the importing Party may decide to renew

the suspension. Any renewal of suspension shall be notified to the competent authority of

the exporting Party.

(5) Subject to the possibility of exemption under sub-rule (11), the importing Party may

temporarily suspend the relevant preferential tariff treatment for future imports of the same

good classified under an identified classification code as specified in the import declaration

in accordance with the procedure laid down in sub-rules (7) to (9) if:--

(a) the importing Party suspects, based on verifiable information that deliberate

breaches of these rules have been committed in respect of that good;

(b) the good has been subject to verification in accordance with rule 26 for at

least two different exporters or producers, each being subject to verification

on at least two separate occasions, and the second occasion is in respect of a

proof of origin dated at least one month after the competent authority of the

importing Party provides the determination to the competent authority of the

exporting Party in respect of the first occasion; and

(c) each verification results in the denial of preferential tariff treatment in

accordance with rule 20.

(6) For the purposes of sub-rule (5), the exporters or producers subject to verification

shall collectively account for the majority of the total exports of those goods from the

exporting Party to the importing Party in the twelve months preceding the date of the first

request for verification referred to in clause (b) of sub-rule (5).

(7) In case where the importing Party intends to temporarily suspend preferential tariff

treatment in accordance with sub-rule (5), it shall notify the Working Group on Rules of

Origin and, on the exporting Party’s request, shall enter into consultations with the

exporting Party. The importing Party shall provide that the notification to the Working

Group on Rules of Origin includes evidence that the requirements specified in sub-rules (5)

and (6) have been met. The consultation shall aim to clarify the grounds for intention to

suspend, be used to discuss any mitigating factors and explore possible solutions to avoid

suspension. No suspension shall take place until the consultation process has concluded,

unless the Parties agree otherwise.

(8) If the Parties fail to agree on a mutually acceptable solution or no consultations have

been entered into within one month after the date of notification made in accordance with

sub-rule (7), or such other period as the Parties may mutually agree, the importing Party

may temporarily suspend the relevant preferential tariff treatment. In that case, the

importing Party shall notify the temporary suspension, including the period during which it

intends the temporary suspension to apply, to the Working Group on Rules of Origin

without delay.

(9) Temporary suspension pursuant to sub-rule (5) shall apply only for the period

necessary to counteract breaches or circumventions of these rules and to protect the

financial interests of the importing Party. The Parties shall keep any suspension under

review through the Working Group on Rules of Origin and where it is agreed by the Parties

that the suspension is no longer necessary, the importing Party shall bring it to an end.

Where the conditions that gave rise to the suspension pursuant to sub-rule (5) persist at the

expiry of the initial period of the temporary suspension, the importing Party may decide to

renew the suspension. Any such renewal of suspension shall be notified to the exporting

Party.

(10) Each Party shall publish, in accordance with its internal procedures, notices to

importers about any decision concerning temporary suspension referred to in sub-rule (5).

(11) Notwithstanding anything contained in sub-rules (1) and (5), if an exporter or

producer is able to satisfy the exporting Party that such goods are fully compliant with the

requirements of these rules and the importing Party agrees, the importing Party shall exempt

those goods from the suspension.

Explanation: For greater certainty, a good subject to verification which has been released

subject to the payment of any duties or provision of any security in accordance with subrule

(18) of rule 26 shall not constitute temporary suspension of preferential tariff

treatment under this rule.

28. Confidentiality.- (1) These rules shall not require a Party to furnish or allow access to

information where the use or disclosure of that information would impede law enforcement

or would be contrary to that Party’s law.

(2) Each Party shall maintain, in conformity with its law, the confidentiality of any

information collected pursuant to these rules and shall protect that information from

disclosure that could prejudice the competitive position of the person to whom the

information relates.

(3) Each Party shall ensure that confidential information collected pursuant to these

rules shall not be used or disclosed for purposes other than the administration and

enforcement of determination of origin or of customs matters, except with the permission

of the person or Party who provided the confidential information.

(4) Notwithstanding anything contained in sub-rules (2) and (3), if the Party receiving

or obtaining the information is required by its law to disclose the information for purposes

other than the administration and enforcement of determination of origin or of customs

matters, that Party shall, where possible, notify the person or Party who provided the

information of such use. That notification shall, where possible, be given in advance of

such use.

(5) Notwithstanding anything contained in sub-rule (3), a Party may allow information

collected pursuant to these rules to be used in any administrative, judicial, or quasi-judicial

proceedings instituted for failure to comply with customs-related laws and regulations

implementing these rules. A Party shall, where possible, notify the person or Party who

provided the information of such use. That notification shall, where possible, be given in

advance of such use.

(6) The Parties shall, if one of them so requests, exchange information on their

respective law for the purpose of facilitating the operation and application of this rule.

29. Working Group on Rules of Origin.- (1) The Parties hereby establish a Working

Group on Rules of Origin consisting of government representatives of each Party

responsible for rules of origin matters to consider any matters arising under these rules.

(2) The functions of the Working Group on Rules of Origin shall include:--

(a) cooperating in the administration and interpretation of these rules;

(b) exchanging information on matters related to these rules;

(c) communicating and updating the necessary contact details of the

Working Group members for the purposes of these rules;

(d) considering any matter referred to it by the Subcommittee on Trade in

Goods or the Joint Committee; and

(e) any other matter as the Working Group mutually agrees.

(3) The Working Group on Rules of Origin shall meet within twelve months of the date

of entry into force of the Agreement and thereafter at least once annually.

(4) The Working Group on Rules of Origin shall report to the Subcommittee on Trade

in Goods.

Annexure-A

[See rule 3]

(Product Specific Rules of Origin)

Headnotes to the Annexure

1. For the purposes of this Annexure:

(a) “section” means a section of the Harmonized System;

(b) “chapter” means the first two digits of the tariff classification number

under the Harmonized System;

(c) “heading” means the first four digits of the tariff classification number

under the Harmonized System; and

(d) “sub-heading” means the first six digits of the tariff classification

number under the Harmonized System.

2. The product specific rule, or set of product specific rules, that apply to a particular

chapter, heading or sub-heading are described in this Annexure at Column 3. Where, in

some cases, a chapter or heading is preceded by “ex”, this signifies that the product specific

rule applies only to part of that chapter or heading. Where a sub-heading is preceded by

“ex”, this signifies that the product specific rule applies only to part of that sub-heading, as

per the description at Column 2.

3. Section notes, where applicable, are found at the beginning of each section, and are

read in conjunction with the product specific rules of origin and may impose further

conditions on, or provide an alternative, product specific rule of origin.

4. A requirement of a change in tariff classification applies only to non-originating

materials.

5. If a chapter, heading or sub-heading is excluded as part of a change in tariff

classification rule, it means that non-originating materials of that chapter, heading or subheading

may not be used to meet the change in tariff classification rule.

6. Note 5 does not apply where non-originating materials do not exceed either the

relevant value or weight percentage as specified for that chapter as set out in rule 10.

7. Where a chapter, heading or sub-heading is subject to alternative product specific

rules, the requirements of this Annexure will be considered to be satisfied if a good satisfies

one of the alternative rules.

8. If a good is subject to a product specific rule that includes multiple requirements,

the requirements of this Annexure will be considered to be satisfied for that good only if

the good satisfies all applicable requirements.

9. For the purposes of “LIST” of this Annexure:

(a) “WO” means wholly obtained as established in rule 4;

(b) “CC” means that all non-originating materials used in the production of the

good have undergone a change in tariff classification at the two-digit level;

(c) “CTH” means that all non-originating materials used in the production of

the good have undergone a change in tariff classification at the four- digit

level;

(d) “CTSH” means that all non-originating materials used in the production of

the good have undergone a change in tariff classification at the six-digit

level;

(e) “QVC” means that the good must have a qualifying value content as

calculated under rule 6 of not less than the percentage specified in Column 3,

whether using the build-up method or build-down method;

(f) “Standard QVC” means that the good must have a qualifying value content

as calculated under rule 6 of not less than:

(i) 40 percent of the ex-works price under the build-down method;

(ii) 45 percent of the free-on-board value under the build-down

method; or

(iii) 35 percent of either the ex-works price or free-on-board value under

the build-up method;

(g) “build-down method” means the good has a qualifying value content

calculated using the build-down method under rule 6;

(h) “build-up method” means the good has a qualifying value content

calculated using the build-up method under rule 6;

(i) “ex-works price” means the good is valued in accordance with rule 5;

(j) “free-on-board value” means the good is valued in accordance with rule 5;

and

(k) “Melt and Pour” means the process undertaken in one or both of the

Parties where the iron or steel is: (i) first produced in an iron or steelmaking

furnace in a liquid state; and then (ii) poured into its first solid

shape.

10. This Annexure is based on the 2022 Edition of the Harmonized System, which

entered into force on the 1st January 2022.

LIST

Product Specific Rules of Origin

Annexure-B

(See clause (c) of sub-rule (2) of rule 16)

(Origin Declaration Template)

Origin Declaration Notes

1. These details are not required if the producer is the signatory and the exporter’s

details are not known. The address of the exporter must be in the exporting Party,

which shall be either India or the United Kingdom.

2. The address must be in the Party where the good is produced. If the producer is

the signatory they must be located in the exporting Party, which shall be either

India or the United Kingdom. If the exporter is the signatory and there are

multiple producers, the entry may state “various”.

3. The address of the importer must be in either India or the United Kingdom.

4. Provide the signatory’s reference number:

(a) for signatories in the United Kingdom, this shall be the exporter

reference number assigned in accordance with the laws and regulations

of the United Kingdom; and

(b) for signatories in India this shall be the Importer Exporter Code (“IEC”).

5. If the origin declaration has been completed retrospectively, after the

importation of the good in accordance with sub-rule (8) of rule 16, tick this box

and provide a short explanation of the reason(s) why, such as, for example,

because the importer did not request the origin declaration earlier.

Annexure-C

(See clause (c) of sub-rule (2) of rule 16)

(Certificate of Origin Template)

Certificate of Origin Notes

1. These details are not required if the producer is the signatory and the

exporter’s details are not known. The address of the exporter must be in India.

2. The address must be in the Party where the good is produced. If the producer

is the signatory they must be located in India. If the exporter is the signatory

and there are multiple producers, the entry may state “various”.

3. The address of the importer must be in the United Kingdom.

4. Provide the Indian signatory’s reference number. This shall be the Importer

Exporter Code (“IEC”).

5. If the certificate of origin has been completed retrospectively, after

importation of the good in accordance with sub-rule (8) of rule 16, tick this

box and provide a short explanation of the reason(s) why, such as, for example,

because the importer did not request the certificate of origin earlier.

Seal …………………………………………………………………………………………………….

Name: ………………………………………………………………………………………………….

Address:………………………………….........................................................................

Telephone Number:……………………………………………………………………………

E-mail Address:……………………………………………………………………………..

Annexure-D

(See sub-rule (7) of rule 17)

(Framework for the Authentication Process of Origin Declarations)

For the purpose of enabling India to establish the authenticity of an origin declaration, in

accordance with rule 17:

1. an exporter or producer intending to export goods to India and complete an origin

declaration under the Agreement shall provide the customs authority of the United

Kingdom with the information necessary to authenticate their identity;

2. the customs authority of the United Kingdom shall review the information provided

by the exporter or producer and shall share relevant information, as agreed by the

Parties, electronically with the customs authority of India. The information shared

shall include unique reference numbers, registered email addresses of exporters and

producers and other information as agreed by the Parties necessary to identify the

exporter or producer so as to enable confirmation that the same exporter or

producer has completed the origin declaration. The customs authority of the United

Kingdom shall update the information from time to time and inform the customs

authority of India of such amendments. The customs authority of India shall use this

information to create and maintain a database of United Kingdom exporters and

producers;

3. the exporter or producer shall send the origin declaration, completed in accordance

with rule 16 and Annexure-B, to the nodal email address of the customs authority

of India and to the email address of the Indian importer within the same email. The

origin declaration shall be sent as an attachment in a file type to be agreed between

the Parties. The subject line of the email shall follow a structure to be agreed

between the Parties;

4. the customs authority of India shall review the information sent by the exporter or

producer in accordance with paragraph 3 against the database referred to in

paragraph 2;

5. if the information is successfully matched, the authenticity of the origin declaration

shall be established. The customs authority of India shall notify the email address of

the exporter or producer that sent the email referred to in paragraph 3 that

authenticity has been established and that a claim for preferential tariff treatment

using the origin declaration may be made by the Indian importer. The importer

shall be copied into this notification email. The contents of the notification email

shall be agreed by the Parties;

6. if the information is not successfully matched, the customs authority of India shall

notify the email address of the exporter or producer that sent the email referred to in

paragraph 3 that authenticity has not been established. The Indian importer shall be

copied into this notification email. The contents of the notification email shall be

agreed by the Parties. The customs authority of India

shall also automatically send an alert to the registered email address corresponding

to the unique reference number held on the database referred to in paragraph 2; and

7. if the authenticity of the origin declaration is not established through this process,

the importer shall not be entitled to make a claim for preferential tariff treatment.

The exporter or producer may start the authentication process again by sending the

email referred to in paragraph 3 from a registered email address corresponding to

the unique reference number in the database referred to in paragraph 2, or by

updating their information with the customs authority of the United Kingdom in

order for the customs authority of the United Kingdom to restart the process from

paragraph 2.

For greater certainty, the authentication process set out in this Annexure does not constitute a

claim for preferential tariff treatment and no penalty shall be imposed solely on the basis

that authenticity has not been established in accordance with this Annexure.

Annexure-E

(See sub-rule (6) of rule 17)

(Data Protection and Processing of Personal Information)

1. Definitions.- For the purposes of this Annexure:

(a) “data controller” (also known as data fiduciary in India) means the person who,

alone or jointly with others, determines the purposes and means of the processing of

personal data;

(b) “data subject” (also known as data principal in India) means an identifiable natural

person who can be identified, directly or indirectly, in particular by reference to an

identifier such as a name, an identification number, location data, an online

identifier or to one or more factors specific to the physical, physiological, genetic,

mental, economic, cultural or social identity of that natural person;

(c) “personal data” means any information relating to a data subject transferred from

the transferring customs authority to the receiving customs authority in accordance

with Annexure-D;

(d) “personal data breach” means a breach of data security leading to the accidental

or unlawful destruction, loss, alteration, unauthorised disclosure of, or unauthorised

access to, the personal data transmitted, stored or otherwise processed;

(e) “process”, “processed” or “processing” means any operation or set of operations

which are performed on personal data or on sets of personal data, whether by wholly

or partially automated means, such as collection, recording, organisation,

structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure

by transmission, dissemination or otherwise making available, alignment or

combination, restriction, erasure or destruction;

(f) “professional secrecy” means the laws and regulations applicable to a customs

authority obliging it not to disclose non-public information received in an official

capacity;

(g) “receiving customs authority” means the customs authority in India receiving the

requested information pursuant to the Agreement;

(h) “receiving Party” means India;

(i) “transferring customs authority” means the customs authority in the United

Kingdom sending the requested information pursuant to the Agreement; and

(j) “transferring Party” means the United Kingdom.

2. Scope.- (1) This Annexure shall apply to the transfer of personal data between the customs

authorities of the Parties, for general processing, in accordance with sub-rules (6) and (7) of

rule 17 and Annexure-D. In accordance with Annexure-D, the scope of personal data covered

under this Annexure shall be limited to data such as unique reference numbers, registered

email addresses of exporters and producers and other information as agreed by the Parties,

necessary as part of any transfer of information. For greater certainty, this Annexure does not

apply to the origin declaration under rule 16.

(2) The Parties shall ensure that the appropriate safeguards in this Annexure are in place

for the general processing of personal data and protecting the personal data consistent with

the laws, regulations and internal policies and procedures applicable to each Party.

(3) The transfer of personal data between the Parties shall be deemed to be a data

controller to data controller transfer, for the purposes of the transferring customs authority’s

legislation.

3. Purpose and Use Limitation.- (1) Subject to sub-paragraph 2, the transfer of personal

data shall solely be for the specified purpose of establishing the authenticity of an origin

declaration in accordance with sub-rules (6) and (7) of rule 17 and Annexure-D. The

receiving Party shall not further process the relevant personal data in a manner that is

incompatible with the purpose for which it was transferred. Compatible processing includes

processing pursuant to the terms of Annexure-D, administration and enforcement of

determination of origin or of customs matters under these rules, and any other authentication

instruments that may be agreed between the Parties.

(2) The receiving customs authority shall not process the relevant personal data for

purposes other than those specified herein sub-paragraph (1), unless it has received written

approval from the transferring customs authority.

4. Data Accuracy and Minimisation.- (1) The transferring customs authority shall only

transfer personal data that is adequate, relevant and limited to what is necessary in relation to

the purpose of processing. The transferring customs authority shall ensure that, to the best of

its knowledge, the personal data it transfers is accurate and up to date.

(2) If a customs authority becomes aware that the personal data it has transferred or

received is inaccurate or has become outdated, it shall inform the other customs authority

without undue delay. Each customs authority shall take reasonable steps to ensure that

inaccurate personal data is erased, corrected or otherwise rectified as appropriate and in a

timely manner, having regard to the purpose of processing.

5. Storage Limitation.- The receiving customs authority shall retain the personal data no

longer than necessary and appropriate for the purpose for which it is processed, including any

administrative, quasi-judicial or judicial proceedings initiated for the failure to comply with

laws and regulations implementing these rules. The receiving customs authority shall put in

place appropriate technical or organisational measures to ensure compliance with this

obligation.

6. Scrutiny of Processing.- (1) The transferring customs authority during the transmission of

the personal data and the receiving customs authority upon receipt of the personal data, shall

implement appropriate technical and organisational measures to ensure the security of the

personal data, including protection against accidental or unlawful destruction, loss, or

alteration, and protection against unauthorised disclosure or access.

(2) Subject to sub-paragraph 3, in the event of a personal data breach concerning

personal data processed by the transferring customs authority or the receiving customs

authority, the customs authority concerned shall notify the other customs authority as soon as

possible but not later than twenty-four hours from the time of discovering the personal data

breach. The notification may include appropriate restrictions as to the further transmission of

the personal data.

(3) In the event of personal data breach, the customs authority concerned may delay or

omit the notification when such notification could endanger security of the Party or any form

of public security operations.

(4) In the event of personal data breach, the customs authority concerned shall use

reasonable and appropriate means to remedy the personal data breach, including measures to

minimise and mitigate possible adverse effects and prevent such a breach from taking place

again.

(5) In the event of personal data breach, the customs authority concerned shall

document, report, investigate and keep records of the personal data breach, including its

effects and any remedial action taken. The other customs authority may request information

on the outcome of the investigation, relating to transfers of personal data under this

Annexure.