TRADE AGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND THE REPUBLIC OF MAURITIUS

1. TRADE AGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND THE REPUBLIC OF MAURITIUS Presented by The Origin Unit

2. BACKGROUND • Signed in Istanbul, Turkey on the 9th of September 2011 • Entered into force on 1st June 2013

3. INSTITUTIONS • The Joint Committee • Represented by senior officials • Responsible for the administration and proper implementation of the Agreement • Decisions by mutual agreement • The Customs Cooperation Committee • Responsible for the correct and uniform application of the Protocol I to Annex I

4. NATIONAL LEGISLATION • Section 163 of the Customs Act 1988 • Customs (Movement Certificate EUR1) Regulations 2005 • Competent Authority: MRA – Customs

5. SCOPE AND COVERAGE • Industrial Products • Chapters 25 to 97 of the Harmonised System Excluding: Products listed in Annex II of the Agreement • Agricultural, Processed Agricultural and Fishery Products • Chapters 1 to 24 of the Harmonised System • Including: Products listed in Annex II of the Agreement

6. Turkey concession list for Mauritius originating products Industrial products Duty free and quota free (DFQF) for all products • Except : Products listed in Annex IIIof the Agreement • Annex III : Phased liberalisation at equal rates in 4 years

7. Turkey concession list for Mauritius originating products Agricultural, Processed Agricultural and Fishery Products • Duty concession and tariff quota for products listed in Table E of Annex VI to the Agreement • Conversion for Table E • NO concession for other products

8. Mauritius concession list for Turkey originating products Industrial Products • Duty free and quota free for all products • EXCEPT: • Products listed in Annex IV and Annex V of the Agreement

9. Mauritius concession list for Turkey originating products Annex IV List A: 100% liberalisation as from 1st Jan 2013 List B: Phased liberalisation up to 1st Jan 2017 List C: Phased liberalisation up to 01st Jan 2022

10. ANNEX A • Conversion Table Relating to originating goods imported from Turkey.

11. Mauritius concession list for Turkey originating products Annex V Excluded from tariff liberalisation

12. Mauritius concession list for Turkey originating products Agricultural, Processed Agricultural and fishery products • Duty Free and Quota Free for all products • Except: products listed in Table A, B, C and D of Annex VI of the Agreement • Table A: 100% liberalisation as 01st Jan 2013 • Table B: Phased liberalisation up to 01st Jan 2017 • Table C: Phased liberalisation up to 01st Jan 2022 • Table D: Excluded from tariff liberalisation

13. SPECIAL PROVISIONS • Any favorable treatment accorded by Mauritius to the European Union shall automatically be extended to Turkey • Any favorable treatment accorded by Turkey to any ACP State shall automatically be extended to Mauritius • Negotiations for market access to Mauritius for sugar to be started immediately upon the entry into force of the Agreement

14. RULES OF ORIGIN • Protocol 1 – concerning the definition of the concept of “originating status” and methods of Administrative Cooperation • Annex I to Protocol 1 – Introductory Notes to the list in Annex II • Annex II and Annex II(a) to Protocol 1 – List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status

15. CONCEPT OF ORIGINATING STATUS General requirements: Products are considered as originating in a Contracting Party State when they have been: • Wholly obtained • Sufficiently worked or processed

16. WHOLLY OBTAINED The following shall be considered as wholly obtained in the member states : • a) minerals and other naturally occurring products extracted from their soil or from their seabed; • b) vegetable products harvested there; • c) live animals born and raised there; • d) products from live animals raised there;

17. WHOLLY OBTAINED (Cont.) • e) products obtained by hunting or fishing conducted there; products of aquaculture, including mariculture, where the fish are born and raised there • f) products obtained from the sea, rivers or lakes within the Member States by vessels of that Member State; • g) products made aboard their factory ships exclusively from products referred to in sub paragraph (f); • h) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for re-treading or for use as waste;

18. WHOLLY OBTAINED (Cont.) • I) waste and scrap resulting from manufacturing operations conducted there. • j) products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil; • k) goods produced there exclusively from the products specified in sub-paragraphs (a) to (j).

19. Definition of “vessel” and “factory ships” of a Member State • which are registered in the Contracting Parties or the EU or ACP states ; • which sail under the flag of the Contracting Parties or the EU or ACP states. • which meet one of the following conditions: • (i) they are at least 50 percent owned by nationals of the Contracting Parties or the EU or ACP states. ; or • (ii) they are owned by companies • - which have their head office and their main place of business in the Contracting Parties or the EU or ACP states ; and • - which are at least 50 percent owned by the Contracting Parties or the EU or ACP states, public entities or nationals of that State.

20. SUFFICIENTLY WORKED OR PROCESSED Products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the List in Annex II or Annex II(a) are fulfilled

21. VALUE TOLERANCE • Non-originating materials may be used provided that: (i) their total value does not exceed 15% of the ex-works price of the product (ii) any of the percentages given in the list for the maximum value of non-originating materials is not exceeded • The value tolerance rule does not apply HS Chapters 50-63 (Textile products) • Weight tolerance is applicable for Chapters 50-63

22. INSUFFICIENT WORKING OR PROCESSINGOPERATIONS THAT DO NOT CONFER ORIGINATING STATUS

23. INSUFFICIENT WORKING OR PROCESSINGOPERATIONS THAT DO NOT CONFER ORIGINATING STATUS

24. CUMULATION OF ORIGIN • Materials originating in the Contracting Parties, the EU or ACP States • Working or processing carried out in the Contracting Parties, the EU or ACP States • Cumulation with neighbouring developing countries • Belonging to a coherent geographical entity

25. CUMULATION OF ORIGIN Conditions for cumulation • Cumulation among Turkey, Mauritius and the EU shall be implemented without any condition • Cumulation with ACP States having a FTA with Turkey or an Administrative Cooperation Agreement with Mauritius • Materials and products having acquired originating status by the application of the same rules of origin as provided in this Protocol

26. CONDITIONS FOR CUMULATION OF ORIGIN (Cont.) Supporting documents for cumulation Certificate of origin Invoice Declaration Supplier’s Declaration • EUR1 Certificate (Box 7) and Invoice Declaration shall contain the following statement: “CUMULATION APPLIED WITH ……….. ”(Name of country/countries)

27. List of Neighbouring Developing countries

28. LIST OF AFRICAN CARIBBEAN AND PACIFIC (ACP) GROUP OF STATES

29. PROOF OF ORIGIN • Movement Certificate EUR1 • on application made by Exporter/Representative • Valid export declaration • Movement Certificate issued retrospectively • exceptionally issued after exportation of the products • The words “issued RETROSPECTIVELY” inserted in box 7 (remarks)

30. PROOF OF ORIGIN (Cont.) • Duplicate Movement Certificate EUR1 • In case of theft, loss or destruction • The words “DUPLICATE” inserted in box 7 (remarks) • Replacement Movement Certificate EUR1 • Originating products are placed under the control of a Contracting Party • Replace the original proof of origin by one or more Movement Certificate EUR1

31. PROOF OF ORIGIN (Cont.) • Invoice Declaration • Made out by the exporter on the invoice, the delivery note or any other commercial document • By an Approved Exporter for a consignment exceeding EUR 6000 • By any exporter for a consignment not exceeding EUR 6000 • Validity • Shall be valid for 10 months from date of issue in the exporting country • Exemption from proof of origin • Small packages for private use not exceeding EUR 500 • Products forming part of travellers’ personal luggage not exceeding EUR 1200

32. Administrative Procedure • The exporter or his authorised representative makes application for a EUR1 Certificate, a Duplicate copy or Retrospective issue • A Valid export declaration required • Application and approval are done electronically • Customs Authority sends to Turkey the specimen impressions of the stamp used • Customs Procedure Codes (CPCs) used for import and export

33. Mutual Administrative Cooperation • On request made by the Competent Authority of the Importing Country, the Competent Authority of the Exporting Country, shall carry out further verification as to the authenticity and correctness of proofs of origin • The Competent Authority of the Exporting Country shall respond within 10 months of the date of the request • Goods must be released pending result of verification

34. Obligation of Competent Authority • Keep records of all proofs of origin and supporting documents for at least 3 years • Based on risk analysis or at random or on request by the importing country, the Customs Authority shall carry out documentary check and physical inspection

35. Obligation of Exporters / Suppliers • Keep records of all proofs of origin and supporting documents for at least 3 years • Provide any information as required by the Competent Authority

36. THANK YOU ????