The Federal Public Revenue Administration (AFIP) proceeded to regulate The Mercosur Regime of Originthrough Circular 9/2020.
The regulation, published this Wednesday (04.11.2020) in the Official Gazette, indicates that it is based on the One Hundred and Fifty-Ninth Additional Protocol to the Economic Complementation Agreement No. 18, signed between the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay (States Parties of MERCOSUR), came into force on October 14, 2020.
This Protocol has incorporated a Directive of the Mercosur Trade Commission (CCM) relating to the “MERCOSUR Origin Regime”.
In turn, the Circular mentions that it is necessary incorporate the “MERCOSUR Origin Regime” into the economic complementarity agreement between the member states and the Republic of Colombia with regard to the accumulation of origin.
Based on this and to facilitate the application, Circular 9/2020 in reference to the One Hundred and Fifty-Ninth Additional Protocol modifies article 10 of the Annex of CMC Decision No. 1 of July 24, 2009 of the Common Market Council, on the “MERCOSUR Origin Regime”, which is worded as follows:
“Article 10.- For the purposes of complying with the requirements of origin, materials originating in any of the MERCOSUR Member States, which have acquired such status in accordance with Article 3 and Article 5, and those materials that receive originating treatment in accordance with Article 4, which are incorporated into a particular product in a Member State, shall be considered originating in said Member State.
Additionally, materials originating in the Andean Community, in accordance with Economic Complementation Agreement (ACE) No. 59; Peru, in accordance with ACE No. 58; Bolivia, in accordance with ACE No. 36; and Colombia, in accordance with ACE No. 72, incorporated into a certain merchandise in the territory of one of the States Parties of MERCOSUR, shall be considered as originating in MERCOSUR, provided that:
i) comply with the Origin Regime of the respective ACEs;
ii) have a definitive origin requirement in the respective ACEs;
iii) have reached the level of preference of 100%, without quantitative limits, in the four States Parties of MERCOSUR in relation to each of the Andean Countries; and
(iv) are not subject to differentiated origin requirements based on quotas established in those agreements.”
The full text of the Economic Complementation Protocol can be consulted on the AFIP website.
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