Customs Regulations. 12.1 For Products imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Customs and Border Protection’s (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for additional information on C-TPAT go to xxxx://xxx.xxx.xxx/ and find the link to the C-TPAT section). At Buyer’s or U.S. Customs’ request, Seller shall certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. Seller shall provide Buyer and U.S. Customs access to Seller’s facilities for the purpose of auditing Seller’s compliance with the foregoing. If the Products are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Xxxxx who will act as Xxxxx’s agent for filing of the ISF. Seller shall cause all data required for the ISF to be in the freight forwarder’s possession not later than twenty-four (24) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Buyer nor its agents shall be responsible for modifying ISFs after the Products are loaded onto the ship. Any Products which receive any U.S. Customs response other than “accepted” shall be deemed to be rejected by Buyer. Without limiting the foregoing, Supplier shall comply with all chemical import requirements under the U.S. Toxic Substances Control Act (“TSCA”).
12.2 Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency, including but not limited to the laws, regulations and other requirements of the Agency’s initiative Partner’s in Protection (for informationgotohtp://xxx.xxxxxxx.xx.xx/xxxxxxx/xxxxxxx/xxxxxxx ent/partners/menu-e.html). At Buyer’s or the Canadian Customs and Revenue Agency’s request, Seller shall certify in writing its compliance with the foregoing. For Products imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Border Services Agency (the “CBSA”), including but not limited to the laws, regulations and other requirements of the Agency (for additional information please go to xxxxx://xxx.xxxx-xxxx.xx.xx/publications/cn- ad/menu-eng.html. At Buyer’s or the CBSA’s request, Seller shall certify in writing its...
Customs Regulations. 12.1 For the Supplies imported into the United States and Mexico, Seller shall comply with all applicable recommendations or requirements of the United States Customs and Border Protection (“U.S.
Customs Regulations. Seller shall comply with all applicable import and export laws and regulations, including any recommendations or requirements of the United States Customs and Border Protection and/or similar domestic or international organizations.
Customs Regulations. 22.3.1 Throughout the term of the Agreement, goods, materials, supplies, machinery and equipment and spare parts intended directly for the Mining Operations, as well as petroleum products used in fixed plant, are exempt from all duties and taxes collectable on entry, including Value Added Tax (VAT), but at the exclusion of the statistical tax at the rate of one per cent (1%). The list of goods, materials, supplies, machinery and equipment, and spare parts, intended directly for the Mining Operations, as well as petroleum products used in fixed plant, is given in Appendix III. With respect to this list, it is specified that the exemption shall not apply to goods, materials and products similar to those manufactured in Niger. The exemption is subject to the completion of the following formalities by the Company, the Operating Company or their suppliers:
1) The Company or the Operating Company shall draw up a statement certifying, on its own authority, that the goods, materials, supplies, machines and equipment acquired or imported are intended for use in the mining activities undertaken by the Company or the Operating Company. This certification, drawn up in quadruplicate (4 copies) and stamped by the Director of Mines, shall define the goods to be exempted and indicate their reference or category in the list of Appendix III. The certification implies the undertaking by the Company and the Operating Company to pay all dues and penalties which would become payable in the event that the goods were not assigned to the designated tax or duty exempt use, or were transferred without prior payment of such dues. One copy is retained by the Depatment of Mines and another by the Company or the Operating Company as a bookkeeping voucher. One copy is delivered to the supplier and the remaining copy to the Customs Administration in the case of imported goods listed in Appendix III.
2) The Company, the Operating Company and the suppliers of goods shall keep their books in such a way as to show distinctly: - matters falling into the category of exemptions - matters subject to duties and taxes.
3) Suppliers of goods and equipment may enter in their books as matters falling into the category of exemptions, only those transactions for which they can produce the stamped certification mentioned above.
22.3.2 Goods not consumable at one time may be placed under the temporary admission regime, free of all entry duties and taxes, including Value Added Tax, but exclusive of the sta...
Customs Regulations. 14.1 Customs exemptions provided in this Contract
14.1.1 In tandem with Articles 63 and 64 of the Hydrocarbons Law, the Contractor will be permitted to import, re-export, and export, subject to Article 14.5, all goods, materials, machinery, equipment, and consumer goods directly necessary to properly carry out Petroleum Operations in its own name or in the name of its subcontractors or other Persons acting on its behalf, freely and exempt from all customs duties, taxes, and fees that are not charges for the necessary services to administer customs regulations.
14.1.2 For purposes of this Contract. the advantages the Contractor will enjoy under this Contract include, among others, the following exemptions:
(a) All materials, products, machinery, equipment, and tools destined exclusively and effectively dedicated directly to Petroleum Operations and intended to be re-exported at the end of their use will be treated as imported under the conditions provided in the CEMAC Customs Code, as implemented by the customs law of Equatorial Guinea. Importation in compliance with the standards governing Temporary Admission (TA) or Temporary Importation (TI) will be whichever is the case for the Contractor, when importation is for the Contractor or its subcontractors and Persons acting on their behalf, and any authorization necessary for those ends will be immediately conceded and extended by the corresponding customs authorities.
(b) Admission with exemption from all taxes and/or customs duties of all material, products, machinery, equipment, and tools totally used and consumed in Equatorial Guinea, exclusively and effectively dedicated to the Petroleum Operations under this Contract. This exemption applies to imports made directly by the Contractor, its subcontractors, and Persons acting on their behalf, on condition that a certificate of end use is issued.
14.1.3 Except for the exemptions established in the preceding paragraphs of this Article 14, and the items referred to in Article 14.1.4 that are exemptions the government can concede under the law, all goods, material, products, machinery, tools, and equipment imported or exported by the Contractor are subject to taxes and/or customs duties, in accordance with provisions of the customs law in force in Equatorial Guinea.
14.1.4 The Contractor will follow procedures for obtaining those exemptions provided in Decree 134/2015 of 2 November 2015. The government will concede these exemptions as the law allows for purpose...
Customs Regulations. 14.1 Customs exemptions provided in this Contract
14.1.1 In tandem with Articles 63 and 64 of the Hydrocarbons Law, the Contractor will be permitted to import, re-export, and export, subject to Article 14.5, all goods, materials, machinery, equipment, and consumer goods directly necessary to properly carry out Petroleum Operations in its own name or in the name of its subcontractors or other Persons acting on its behalf, freely and exempt from all Customs duties, taxes, and fees that are not charges for the necessary services to administer Customs regulations.
14.1.2 For purposes of this Contract. the advantages the Contractor will enjoy under this Contract include, among others, the following exemptions:
Customs Regulations. 23.1 PARC-FOUGALA and/or the exploitation company and their affiliated companies and subcontractors shall benefit from the following customs duty exemptions during the period of validity of the research permit and for the first three years of production.
a) Regulations for the temporary free importation ad prorata temporis for the material, machinery and apparatus, heavy equipment, utility vehicles and other assets intended to be reexported once the research and exploitation operations have been completed.
b) Common law regulations for passenger vehicles used for PARC-FOUGALA or the exploitation Company's activities as well as passenger vehicles intended for private use.
c) Exemption from Customs duties and taxes applicable to tools, chemical products, reactive products, petroleum products, oil and grease for machinery required for their activities, spare parts (with the exception of those needed for private vehicles), the materials and materiel, machinery and equipment intended to be assimilated permanently in the mine.
23.2 With regard to their personal effects, the expatriate personnel employed by PARC-FOUGALA and the exploitation company and their affiliated companies and subcontractors shall benefit from an exemption of duties and taxes for a period of six months from the date of their arrival in Mali.
Customs Regulations. Seller shall comply with all applicable customs regulations, including labeling requirements and origin marking, which shall include the marking requirements of the United States, Canada and Mexico with respect to service parts. Within thirty (30) days of Buyer’s written request, Supplier shall provide all reasonably requested content, information and certificates for trade preference valuation (including NAFTA).
Customs Regulations. The Commercial Invoice presented to Customs must contain certain pieces of information in order for Customs and the broker to be able to determine the classification of the merchandise. Any inaccurate or misleading statement of fact in a required document may result in delays in release, detention of Goods, increased review by import specialists or penalties against the importer. Even if the inaccuracy or omission was unintentional, the importer may be required to establish that it exercised due diligence and INVOICES AND PAYMENT. A separate invoice will be issued for each shipment. Invoices must be fully itemized and show the PO number, PO line number, date, weights, sizes, quantities, and discounts. The invoice date will not precede the shipment date. Rejections, delays in delivery or delivery in advance of required delivery date, and/or errors in the invoice and/or shipping documentation will be considered just cause for withholding payment without loss of cash discount privilege(s).
Customs Regulations
