25 June 2021
Purpose
This Industry Advice Notice (IAN) is to provide clarification to industries and exporters about the evidence required to apply for a manual export certificate for non-prescribed goods (NPGs) under the Export Control Act 2020 (the Act).
Key points
In accordance with the Act, certification for NPG exports can occur to meet importing country requirements.
The department is responsible for Australia’s export regulatory system and maintaining international confidence in Australia’s agricultural and food exports.
Exporters are expected to make reasonable efforts to determine the requirements of the importing country, including whether certification is required.
If you are unable to source evidence that government-to-government certification is required, the department is able to issue an unendorsed certificate (for example, a certificate as to condition such as an EX188B, or a M418 in the case of imported goods for re-export). Issuing of certification is contingent on all other application requirements being met.
Requirements
Exporters are encouraged to conduct due diligence by confirming with the overseas authority any importing country requirements and if certification is required for your goods. You should do so well in advance of exporting and confirm you have access to all required documentation when applying for an export certificate.
To confirm export consignments meet importing country requirements and to provide correct export certification, the department requests exporters provide evidence of the importing country requirements when applying for a manual certificate. Evidence types are not fixed, but do need to be official. They may include:
- a Micor case
- official documentation from an importing country authority, and if certification is required what information the certificate must attest to (for example, an import permit, copy of import protocol/regulation with translation)
- link to an overseas authority webpage where importing country requirements are outlined.
If applicable you may also need to provide evidence to demonstrate you meet the importing country requirements, for example:
- a manufacturer’s declaration attesting that the relevant goods have been manufactured/treated in the manner outlined in the certificate’s endorsement
- copies of import permits, certificates from State Authorities, HACCP certification, copies of laboratory test results
- any supporting documentation as listed in the Micor case
- any other evidence requested by a departmental assessing officer to assist with their assessment.
If you are unable to source evidence that certification is required but believe you still need a certificate, the department is able to issue an unendorsed certificate. Your application will need to include why you couldn’t obtain the importing country requirements and why you need a certificate, in addition to all other application requirements being met. An unendorsed certificate is one without additional attestations specific to the product beyond it being fit for human consumption if applicable.
Generally, this would tend to be a certificate as to condition (such as an EX188B or a M418 in the case of imported goods for re-export), but this may depend on the commodity and export market.
If you are seeking a more complex certificate with additional endorsements, and you were unable to obtain evidence of the importing country requirements, please contact Assessment Services Group – Exports at foodexports@awe.gov.au or the Non-prescribed Goods Export Program at NPGExports@awe.gov.au for further information. We ask that you do this well in advance of any planned shipments as determining importing country and certification requirements can take time.
Next steps
Based off feedback on the ‘Application for a government export certificate for non-prescribed goods’ form, the department will be updating the form in line with the above advice.
An additional IAN will be published outlining what has changed to the form when it is finalised.
Contact information
If you have any questions regarding this IAN please email NPGExports@awe.gov.au
Tom Black
Assistant Secretary
Residues and Food Exports Branch
Exports and Veterinary Services Division
Department of Agriculture, Water and the Environment