The current MERCOSUR Origin Regime (ROM) is established by CMC Decision No. 01/09. This Decision will be repealed on July 18, when the new ROM approved within the framework of the MERCOSUR Summit of Presidents on July 4, 2023, finally comes into effect.
Having complied with the incorporation into domestic law of all the partners of the bloc, plus the corresponding notifications that make up the incorporation and validity of the regulations in the scope of MERCOSUR, the new regulations in force will then be both CMC Decision No. 05/23 that establishes the new ROM, as well as CMC Decision No. 06/23 that establishes special and differentiated treatment (SDT), since as agreed, both will enter into force simultaneously for their effective application.
The importance at the MERCOSUR level is very high, given that in this modernization and update it was possible to establish by consensus a new norm that replaces all the previous ones in terms of origin, and that also incorporates not only flexibilities in the rules at the internal level, but also reflects improvements and simplifications of procedures that tend to facilitate trade.
As mentioned in a previous note: https://aduananews.com/el-regimen-de-origen-mercosur-en-adelante-rom/, sometimes not only is a series of technical definitions from experts in rules of origin necessary, but these definitions must be combined with the political decisions not only of Argentina, but of all MERCOSUR partners.
The new ROM consists of seven chapters, fifty-six articles and ten appendices. These include provisions relating to the criteria for the qualification of origin and the requirements for conferring origin, the certification mechanisms, the certification process and the procedure for verification and control of compliance with origin by the competent authority and the customs authority.
What changes are coming for commercial operators?
Compared to the current version, the new ROM brings some differences among which the following stand out:
- The unification of the origin requirements in a single list that covers the entire tariff universe and that facilitates the identification of the standard that a product must meet to be considered as originating in MERCOSUR. In other words, there is no longer a general rule of origin for the entire universe and exceptions in an appendix, but everything is listed in a single appendix.
- The change in the value calculation formula, moving from measuring the percentage of regional value content, to measuring the maximum non-originating materials (VMNO) allowed in the production of a good.
- In addition to the above item, the VMNO is made more flexible by 5%, meaning that what currently had to comply with 60% of regional value content, now must comply with a 5% lower requirement, which represents 55% of VMNO. (Without prejudice to the differential treatments -TED- granted to countries with less relative development, established in the aforementioned DEC. CMC 06/23).
- A general review of all the time periods corresponding to the procedures for verification and control of origin, so that it is more efficient and agile than the current one. Also, the possibility of extending the process of verifying, in addition to the origin of the good, the origin of the materials used in the production of said good.
- General review of all the procedures and steps to follow when faced with an original query and its subsequent referral to an investigation or not. Possibility of choosing to have a mechanism handle the same, for example.
- Updating the Certificate of Origin model to a similar format, but with new information fields, and eliminating others that are no longer used today. (Example: planned port of embarkation, references to the FOB value in dollars, etc.). Extension of the validity period of the certificate of origin to twelve months.
- In relation to the previous item and in order to provide guarantees and security to the commercial operator, for twelve months - from the entry into force of the new regulation - both models of certificates of origin will coexist.
- Incorporation of the Declaration of Origin into a self-certification model in the future, although this is not yet planned for the immediate future in Argentina.
- Preservation of the origin criteria of a product upon entry into a Free Zone in accordance with Decree CMC No. 33/15.
- The return of the guarantees required by the customs authority, within a period of one hundred and fifty days from the start of the verification of origin with respect to an import, even if it has not yet been concluded.
- Inclusion of an article that excludes automotive sector products from the ROM, reinforcing that trade in this sector is currently governed by the current bilateral agreements (ACE 14 AR-BR, ACE 57 AR-UY and ACE 13 AR-PY).
Clearly, many more advantages and strengths of the new ROM could be mentioned, but the important thing was and is today that it comes into force, given that this tool contributes to the search for trade facilitation and the deepening of the MERCOSUR integration process. It also allows, among other objectives, the continuation of its improvement as import and export operations flow, both at the inter-bloc level and towards third markets.
She holds a degree in International Trade (Universidad Nacional de Luján) with postgraduate studies in the Master's Degree in International Economic Relations (Universidad Nacional de Tres de Febrero). She has been a professional development fellow of the Organization of American States (OAS) at the George Washington University School of Law (USA). In the academic field, she is a professor at the Universidad Nacional de Luján. In the professional field, she has been an official of the Secretariat of Commerce dependent on the Ministry of Economy of the Nation, since 2005. Currently, she is the National Coordinator of the Technical Committee No. 3 "Trade Standards and Disciplines" in charge of the negotiations of rules of origin of MERCOSUR; in addition, she is the Alternate National Coordinator of the Technical Committee No. 8 "Transposition of nomenclature of trade agreements with third countries and groups of countries" also of MERCOSUR.
