联合国贸易发展委员会-产品特定原产地规则和原产地证明的事实趋同

De Facto Convergence inProduct Specific Rules of Originand Proof of Origin The Case for Sharing Experiencesat the Multilateral Level © 2025, United Nations created for intergovernmental organizations, athttp://creativecommons.org/licenses/by/3.0/igo/. not necessarily reflect the views of the United Nations or its officials or Member States. the expression of any opinion whatsoever on the part of the United Nations concerning the legalstatus of any country, territory, city or area or of its authorities, or concerning the delimitation of Photocopies and reproductions of excerpts are allowed with proper credits. This publication has not been formally edited. UNCTAD/ALDC/2024/7 eISBN: 978-92-1-107100-9 Acknowledgements Division for Africa, Least Developed Countries and Special Programmes. Abbreviations UNCTADUnited Nations Conference on Trade and Development USMCAUnited States–Mexico–Canada AgreementVNOMValue of Non-Originating MaterialsVOMValue of Originating MaterialsWCOWorld Customs OrganizationWTOWorld Trade Organization Table of contents Abbreviations........................................................................................................................ivTable of contents...................................................................................................................vExecutive summary..............................................................................................................vi I.The Meaning of “de facto” Convergence........................................................1 Divergence.......................................................................................................................10Comparison Results......................................................................................................10 V.Preliminary Observations and the Way Forward...........................................21 References...........................................................................................................................22 Executive summary developments occurring on rules of origin based on a “de facto” analysis carried out in this study.Using an innovative approach the analysis shows that major FTAs have convergent productspecific rules of origin (PSRO) on the majority of PSRO at HS six-digit level as high as 60.3%, sessions at intergovernmental level among WTO and WCO members to further discuss the areasof convergence and later share it with the wider community as a useful toolbox or compendiumof PSROs and proof of origin to facilitate compliance and reduce costs. Further analysis is beingundertaken on proof of origin, another fundamental part of rules of origin complementing the The Meaning of “de facto”Convergence Origin (TCRO) at WCO had a very limitedagenda given the respective mandatesunder the ARO. In addition, Member Statesof these Committees lost confidencethat any progress could be achieved in research work program1aimed at stimulatinga reflection to devise innovative ways todiscuss rules of origin at multilateral level.Such deliberations should aim at reviving a dialogue to capture the gains emerging from“de facto”convergence on Product Specific origin resumed in 2014 when at the initiativeof WTO chairperson of the CRO, WTOmembers accepted the idea to begindiscussion on the implementation of theHong Kong Decision on Duty Free Quota results of the Harmonization Work Program(HWP) under the WTO Agreement onRules of Origin (ARO) led to a “paralysis” ofinitiatives to discuss RoO at multilateral levelfor decades. Following the recognition of University institute in 2017 and in.Towards Convergence on Rules of Origin Between Trade at the Regionaland Multilateral Level. RTA Exchange. Geneva: International Centre for Trade and Sustainable Development(ICTSD) and the Inter-American Development Bank (IDB) Inama, Stefano. 2017. An earlier version of this studyhas been presented at the CRO meeting of 21-22 November 2024. For an in-depth analysis of the work carried out in the CRO on LDC rules of origin see: Getting to betterrules of origin for LDCs using utilization rates, From the WTO Ministerial decision in Hong Kong (2005) To Bali(2013), Nairobi (2015) and beyond, UNCTAD, 2021. fruitful and leading to the Bali and NairobiDecisions on preferential rules of origin,is limited to preferential rules of originunder unilateral preferences granted toLDCs. Similarly, the work of the TCROhas been even more restrained given than 20 years of operation of major FTAs.Progressively, the EU and the US, as wellas counterpart OECD nations (e.g., Japan,South Korea, Australia, and New Zealand)and their partners in developing countries,have “de facto” converged while drafting and, so far, there has not been a multilateralforum to discuss developments occurred onrules of origin given the above constraints. sensitive sectors, such as processedfoodstuffs, textiles and garments. as by-product, a parallel spaghetti bowl ofR