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Irbid Qualifying Industrial Zone
Agreement Between the Government of the
State of Israel and the Government of the
Hashemite Kingdom of Jordan
(November 16, 1997)
In recognition of the requirements in Section 9 of the United
States-Israel Free Trade Area Implementation Act of 1985, as amended (the
"legislation"), and Proclamation No. 6955 of the President of the United
States of America (the "Proclamation"), the Government of the State of
Israel and the Government of the Hashemite Kingdom of Jordan (the
"Parties") hereby agree to the creation of the "Irbid Qualifying
Industrial Zone" (the "QIZ"), and request that the Government of the
United States designate it as a "Qualifying Industrial Zone" under the
legislation and proclamation.
Article I
Geographic Boundaries
The Government of the State of Israel and the Government of the Hashemite
Kingdom of Jordan hereby designate the following territory of their
respective countries as enclaves where merchandise may enter without
payment of duty or excise taxes, no matter what the country of origin of
the merchandise.
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For the Government of the State of Israel: An area under Israeli
customs control within the boundaries of the land crossing border at
Sheikh Hussein-Nahar Hayarden Bridge, shown on the map attached as
Exhibit A.
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For the Government of the Hashemite Kingdom of Jordan: the Irbid
duty-free area, shown on the map attached as Exhibit B.
On the basis of the respective national legislation of the parties, the
customs authorities of Israel and Jordan shall establish special customs
procedures for the purpose of assuring the speedy flow of goods into and
out of the zone. The purpose of these procedures is to ensure the strict
enforcement of the principles of duty and taxation pursuant to this
Agreement. In the case of the State of Israel, where factories lying
outside the zone will contribute part of the 35 percent minimum content
required by the Legislation and Proclamation, the Israeli customs
authority will ensure that inputs imported from abroad incorporated into
goods shipped into the zone will be exempt from duty.
Article II
Economic Cooperation
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Recognizing that one of the primary purposes of the legislation and
proclamation is to encourage economic cooperation in the region, the
Government of the State of Israel and the Government of the Hashemite
Kingdom of Jordan hereby agree to the establishment of a Joint
Committee which will have the responsibility outlined below of
identifying those businesses located within the Irbid Qualifying
Industrial Zone which involve substantial economic cooperation between
Israel and Jordan. Goods processed in the zone by businesses identified
by the Committee will be eligible for duty-free entry into the United
States if the goods meet the requirements of the Legislation and
Proclamation.
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A representative of the United States shall have the right to
participate in meetings of the Committee as an observer.
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The Committee may determine that a business involves substantial
economic cooperation between Israel and Jordan.
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If the manufacturer on the Jordanian side of the QIZ and the
Israeli manufacturer each contribute and maintain at least one
third of the minimum 35 percent content required under the
legislation and proclamation for duty-free treatment in the
United States.
Or:
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If the manufacturer on the Jordanian size of the QIZ and the
Israeli manufacturer each contribute and maintain at least 20
percent of the total cost of production of goods eligible for
duty-free treatment, excluding profits, even if the costs cannot
be considered as part of the 35 percent minimum content
requirement. For this purpose, costs may include originating
materials, wages and salaries, design, research and development,
depreciation of capital investment, overhead including marketing
expenses, etc.
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The Joint Committee shall have the authority to approve those
businesses whose products will be eligible for duty free entry into the
United States based on the requirements of paragraph C and to cancel
this eligibility of these requirements are no longer met. Approval of
eligibility for duty-free privileges will be reconfirmed by the Joint
Committee on an annual basis.
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The Joint Committee will promptly transmit to U.S. Customs (Trade
Compliance Office, Office of Field Operations) the names of those
businesses whose products are eligible for duty-free treatment and
identify the products produced or processed in the QIZ by those
businesses which comply with the rule of origin requirements set out in
the "outline for designations of qualifying industrial zone under
Proclamation No. 6955" attached to the July 28, 1997 letter from the
U.S. Trade Representative to the Israeli and Jordanian Ministers of
Industry and Trade.
Article III
Rules of Origin
The Government of the State of Israel and the Government of the Hashemite
Kingdom of Jordan agree that origin of any textile or apparel product that
is processed in the Irbid Qualifying Industrial Zone, regardless of the
origin or place of processing of any of its inputs or materials prior to
entry into, or subsequent to withdrawal from, the zone, will be determined
solely pursuant to the rules of origin for textile and apparel products
set out in Section 334 of Uruguay Round Agreement Act, 12 U.S.C. 3592.
Article IV
Customs Cooperation
The Government of the State of Israel and the Government of the Hashemite
Kingdom of Jordan will assist United States authorities in obtaining
information, including by means of verification, for the purpose of
reviewing transactions for which duty-free access into the U.S. is claimed
in order to verify compliance with applicable conditions, and to prevent
unlawful transshipment of articles not qualifying for duty-free access
into the U.S.
Article V
Entry into Force
This Agreement shall enter into force upon the completion of the necessary
legal procedures by the Parties.
Done in Doha, Qatar on the 16th day of the month of November, 1997, in
three original copies in the English language.
| N. Sharansky
For the Government
of the State of Israel |
Hani Mulki For the Government of the
Hashemite Kingdom of Jordan |
Source: Israeli
Foreign Ministry
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