Admissibility of Self-Issued Origin Declarations by Non-Approved Exporters for RCEP Imports in Korea Released

Thank you for your inquiry regarding the proof of origin methods under the Regional Comprehensive Economic Partnership (RCEP). As you noted, the text of the RCEP agreement itself allows for self-issued origin declarations by exporters or producers. However, each member country implements the agreement according to its domestic laws, and significant differences can arise in this process.

Proof of Origin Methods under RCEP (Article 3.16)

Article 3.16 of the RCEP Agreement stipulates three main methods for proving origin. This is considered a flexible and comprehensive approach compared to other Free Trade Agreements (FTAs).

• Certificate of Origin issued by an Issuing Authority
• Origin Declaration issued by an Approved Exporter
• Origin Declaration issued by an Exporter or Producer

In principle, the agreement allows general exporters or producers, who are not approved exporters, to self-certify origin. This provision is designed to reduce the administrative burden on SMEs or specific export items.

Scope of Recognition in the Republic of Korea

However, under Article 11 of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements and Article 7 of its Enforcement Rules, the Republic of Korea restricts recognized RCEP proof of origin methods. Currently, Korea recognizes only the following valid methods:

• Certificate of Origin issued by an Issuing Authority
• Origin Declaration issued by an Approved Exporter

According to these regulations, among the three methods specified in the RCEP agreement, the "Origin Declaration issued by an Exporter or Producer" (self-issuance by a non-approved exporter) is not recognized as a valid proof of origin during import clearance in Korea.

Conclusion for Your Inquiry

Therefore, if you submit a self-issued origin declaration issued by a general exporter or producer (who is not an Approved Exporter) from the exporting RCEP member country, Korean Customs will not accept it as valid documentation for RCEP preferential tariff treatment. Consequently, the RCEP preferential rate cannot be applied, and the general tariff rate will be imposed.

Why Does This Discrepancy Exist?

FTAs are implemented through the domestic laws of each member country. Countries are often granted discretion to apply origin certification systems flexibly based on their origin management capabilities, industrial characteristics, and administrative systems. In the case of Korea, stricter standards are applied during the initial RCEP implementation phase to ensure the efficiency and accuracy of origin verification and to minimize confusion among domestic companies.

Self-issued declarations by non-approved exporters may require additional time and effort during document review and post-verification, and may carry a relatively higher risk of errors or forgery. Therefore, Korea prioritizes documents issued by authorities or approved exporters—whose origin management capabilities have already been verified—to ensure the stability of the origin management system.

Advice and Precautions for Importers

If you intend to import goods into Korea with RCEP benefits, you must request the exporter in the counterpart country to provide proof of origin via one of the following methods:

• Certificate of Origin issued by a government authority (e.g., Chamber of Commerce) in the exporting country.
• Origin Declaration issued by an exporter who holds Approved Exporter status in the exporting country.

It is crucial to clearly inform your supplier that self-issued declarations by general exporters are not accepted in Korea and to collaborate with them to prepare the necessary documents. Additionally, verifying the exporter's "Approved Exporter" status in advance is highly recommended.

Due to the scope and complexity of the RCEP agreement, implementation methods may vary by country. We advise you to always check the latest customs laws and notifications of the importing country (Korea) and consult with a professional customs broker if necessary.