FTA 원산지검증에 대응한 효율적인 매매계약 체결방안

• 영문명: A Study on the Efficient Contracts of Sale in response to the Origin Verification of FTA: Focus on the KOREU FTA and KORUS FTA
• 발행기관: 한국무역연구원
• 저자명: 고재길(Jai-Kil Ko)
• 간행물 정보: 『무역연구』제16권 제3호, 549~567쪽, 전체 19쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2020.06.30

영문 초록

Purpose - The purpose of this study was to examine the cases of disputes between customs authorities and applied companies related to the origin verification and to derive implications and countermeasures that should be noted when concluding trade contracts for FTA-using companies. Design/Methodology/Approach - This study focused on the Korea-EU FTA and the Korea-U.S. FTA relative to reviewing dispute cases between importers and Korean customs authorities over the origin verification. Through this, we presented the factors and main points that should be considered when preparing the FTA-enabled trade contract in connection with the relevant provisions of the CISG. Findings - First, the contract shall state the obligation of exporters and business partners to comply with the country of origin regulations and to provide the country of origin verification data. Second, the duty of cooperation in follow-up investigation and data storage related to the origin verification shall be specified. Third, in the case of exclusion of preferential treatment due to origin verification, the claim for the right to indemnity and the subject to the imposition of the additional tax shall be specified. Fourth, it is necessary to specify that sensitive information in the course of the origin verification inspection shall be provided to the agent if the information of origin falls under the trade secret in preparation for disputes arising from the refusal of the exporter and producer to cooperate with the data. Fifth, upon receipt of a request for data related to the origin verification from the other country or its customs authorities, it shall immediately include a mandatory provision to inform the counterparty of the progress of the country of origin investigation and the relevant details. Research Implications - Trade companies should be cautious when concluding FTA trade contracts between trading parties by reflecting case-by-case reviews of the customs authorities’ origin verification.

목차

Ⅰ. 서론

Ⅱ. 한국의 FTA 원산지검증 현황과 특징

Ⅲ. FTA 원산지검증 관련 분쟁사례

Ⅳ. FTA 원산지검증 대응을 위한 계약서 작성 관련 시사점

Ⅴ. 결론

References

키워드

CISG KOREU FTA KORUS FTA Origin Verification Trade Contracts