Common use of Import Checks Clause in Contracts

Import Checks. 1. The import requirements and checks applied to imported products covered by this Chapter shall be based on the risk that is associated with such products and shall be applied in a non-discriminatory manner. Import checks and border controls shall be carried out as expeditiously as possible in a manner that is no more trade-restrictive than necessary. 2. Upon request, information about the frequency of import checks or changes in this frequency shall be exchanged between the competent authorities of the Parties. 3. Each Party shall allow a person responsible for a consignment, subject to sampling and analysis, to apply for a second expert opinion as part of the official sampling. 4. Import control should be structured according to international standards (4). 5. Products subject to random and routine checks should not be detained at the border while awaiting the results of the tests. 6. If products are detained at the border due to a perceived risk, the decision on clearance shall be taken as soon as possible. Every effort shall be made to avoid deterioration of perishable goods. For the purposes of this Chapter, "perishable goods" means products that rapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions. 7. If products are rejected at a port of entry due to a verified serious sanitary or phytosanitary issue, the competent authority of the exporting Party shall be informed as soon as possible. For the purposes of this provision, "serious sanitary or phytosanitary issue" means cases for which a notification between competent authorities is foreseen in international standards (5). 8. If products are rejected at a port of entry, the factual basis and scientific justification shall, upon request, be provided in writing to the exporting Party, as soon as possible. 9. Where a Party detains, at a port of entry, products exported from another Party due to a perceived failure to comply with a sanitary or phytosanitary measure, the factual justification for the detention shall be promptly notified to the importer or his representative. 10. Each Party shall ensure that appropriate legal procedures exist for an importer or any other person responsible for the consignment, or his representative, whose products are rejected at a port of entry, to appeal that decision.

Import Checks. 1. The import requirements and checks applied to imported products goods covered by this Chapter shall be based on the risk that is associated with such products goods and shall be applied in a non-discriminatory manner. Import checks and border controls shall be carried out as expeditiously as possible possible, in a manner that is no more trade-restrictive than necessary. The Parties shall make every effort to avoid any deterioration of perishable goods. 2. Upon request, information about the frequency of import checks or changes in this frequency shall be exchanged between the competent authorities of the Parties. 3. Each Party shall ensure that adequate procedures exist to allow a person responsible for a consignment, subject to sampling and analysis, to apply for a second supplementary expert opinion at a laboratory, accredited by the competent authority of the importing Party, as part of the official sampling. 4. Import control should be structured carried out according to international standards (4)standards. 5. Products Goods subject to random and routine checks should not be detained at the border while awaiting the results of the tests. 6. If products are detained at the border due to a perceived risk, the decision on clearance shall be taken as soon as possible. Every effort shall be made to avoid deterioration of perishable goods. For the purposes of this Chapter, "perishable goods" means products that rapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions. 7. If products are rejected at a port of entry due to a verified serious sanitary or phytosanitary issue, the competent authority of the exporting Party shall be informed as soon as possible. For the purposes of this provision, "serious sanitary or phytosanitary issue" means cases for which a notification between competent authorities is foreseen in international standards (5). 8. If products are rejected at a port of entry, the factual basis and scientific justification shall, upon request, be provided in writing to the exporting Party, as soon as possible. 9. Where a Party detains, at a port of entry, products goods exported from another Party due to a perceived an alleged failure to comply with a sanitary or phytosanitary measure, the factual justification for the detention shall be promptly notified to the importer or his representative. 107. If goods are rejected at a port of entry due to a verified serious sanitary or phytosanitary issue, the competent authority of the exporting Party shall be promptly notified in writing of the factual basis and scientific justification. 8. If goods are rejected at the port of entry for reasons other than a verified serious sanitary or phytosanitary issue, the competent authority of the exporting Party shall, upon request, be notified in writing of the factual basis and scientific justification, as soon as possible. 9. Each Party shall ensure that appropriate legal procedures exist for an importer or any other the person responsible for the consignment, consignment or his representativerepresentative to appeal the decision, whose if products are rejected at a port point of entry, to appeal that decision.