Common use of Import Checks Clause in Contracts

Import Checks. 1. An importing Party may use import checks to assess compliance with its sanitary and phytosanitary measures and to obtain information to assess risk or to determine the need for, develop, or periodically review a risk-based import check. 2. Each Party shall ensure that its import checks are based on the risks associated with importations, and that its import checks are carried out without undue delay. 3. A Party shall make available to another Party, on request, information on its import procedures and its basis for determining the nature and frequency of import checks, including the factors it considers to determine the risks associated with importations. 4. A Party may change the frequency of its import checks as a result of experience gained through import checks or as a result of actions or discussions provided for in this Chapter. 5. An importing Party shall provide to another Party, on request, information regarding the analytical methods, quality controls, sampling procedures, and facilities that the importing Party uses to xxxxx good. The importing Party shall ensure that any testing is conducted using appropriate and validated methods under a quality assurance program that is consistent with international laboratory standards. The importing Party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample. 6. Each Party, with respect to any import check that it conducts, shall: (a) limit any requirements regarding individual specimens or samples of an import to those that are reasonable and necessary; (b) ensure that any fees imposed for the procedures on imported products are equitable in relation to any fees charged on like domestic products or products originating in any other Party or non-Party and should be no higher than the actual cost of the service; (c) use criteria for selecting facilities at which an import check is conducted: (i) so that the location does not cause unnecessary inconvenience to an applicant or its agent, and (ii) so that the integrity of the good is preserved, except for the individual specimens or samples obtained pursuant to the requirements referred to in subparagraph (a). 7. An importing Party shall ensure that its final decision in response to a finding of non-conformity with the importing Party's sanitary or phytosanitary measure is limited to what is reasonable and necessary in response to the non-conformity. 8. If an importing Party prohibits or restricts the importation of a good of another Party on the basis of an adverse result of an import check, the importing Party shall provide a notification, if practicable by electronic means, about the adverse result to at least one of the following: the importer or its agent; the exporter; or the manufacturer. 9. When the importing Party provides a notification pursuant to paragraph 8, the Party shall: (a) include in its notification: (i) the reason for the prohibition or restriction, (ii) the legal basis or authorization for the action, and

Import Checks. 1. An importing Party may use The import checks applied to assess compliance with its sanitary imported animals and phytosanitary measures animal products, plants and to obtain information to assess risk or to determine the need for, developplant products, or periodically review other related goods shall be based on the risk associated with such importations. They shall be carried out without undue delay and with a risk-based import checkminimum effect on trade between the Parties. 2. Each Party shall ensure that its import checks are based on the risks associated with importations, and that its import checks are carried out without undue delay. 3. A Party shall make available to another Party, on request, information on its import procedures and its The basis for determining the nature and frequency of import checks, including the factors it considers to determine the risks associated with importations. 4, shall be made available on request. A Party The Parties may change amend the frequency of its import checks frequencies, within their responsibilities, as appropriate, as a result of experience gained through import checks checks, or as a result of other actions or discussions consultations provided for in this Chapter. 53. An The importing Party shall notify the other Party in a timely manner of any amendment to the frequency of import checks in the event of change in the import risk. On request, an explanation regarding amendments shall be given or consultations shall be undertaken. 4. The importing Party shall provide to another the other Party, on request, information regarding the analytical methods, quality controls, sampling procedures, procedures and facilities that the importing Party uses to xxxxx test a good. The importing Party shall ensure that any testing is conducted using appropriate and validated methods in a facility that operates under a quality assurance program programme that is consistent with international laboratory standards. The importing Party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample. 65. Each Party, with respect to any In the event that the import check that it conducts, shall: (a) limit any requirements regarding individual specimens or samples of an import to those that are reasonable and necessary; (b) ensure that any fees imposed for the procedures on imported products are equitable in relation to any fees charged on like domestic products or products originating in any other Party or checks reveal non-conformity with the relevant standards or requirements, the action taken by the importing Party and should be no higher than the actual cost based on an assessment of the service; (c) use criteria for selecting facilities at which an import check is conducted: (i) so that the location does not cause unnecessary inconvenience to an applicant or its agent, and (ii) so that the integrity of the good is preservedrisk involved. For example, except for as otherwise provided in this Chapter, an importing Party shall not suspend trade between it and another Party on the individual specimens basis of a single consignment. Wherever possible, the importer or samples obtained pursuant their representative shall be given access to the requirements referred consignment and the opportunity to contribute any relevant information to assist the importing Party in subparagraph (a)taking a final decision. 76. An importing Party shall ensure that its final decision in response to a finding of non-non- conformity with the importing Party's ’s sanitary or phytosanitary measure measure, is limited to what is reasonable and necessary in response necessary, and is rationally related to the non-conformityavailable science. 87. If an importing Party prohibits or restricts the importation of a good of another Party on the basis of an adverse result of an import check, the importing Party shall provide a notification, if practicable by electronic means, notification about the adverse result to at least one of the following: the importer or its agent; the exporter; or the manufacturer; as well as the exporting Party if appropriate. 98. When the importing Party provides a notification pursuant to paragraph 87, the Party it shall: (a) include in its notificationinclude: (i) the reason for the prohibition or restriction,; (ii) the legal basis or authorization authorisation for the action; and (iii) information on the status of the affected goods and, if appropriate, on their disposition; (b) do so in a manner consistent with its laws, regulations and requirements as soon as possible and no later than seven working days after the date of the decision to prohibit or restrict, unless the good is seized by a customs administration; and (c) if the notification has not already been provided through another channel, transmit the notification by electronic means, if practicable. 9. An importing Party that prohibits or restricts the importation of a good of another Party on the basis of an adverse result of an import check shall provide an opportunity for a review of the decision and consider any relevant information submitted to assist in the review. The review request and information should be submitted to the importing Party within a reasonable period of time. 10. Unless there is a clearly identified risk in holding that consignment, the consignment shall not be destroyed without affording an opportunity to the exporter or their representative to take back the consignment. 11. If an importing Party determines that there is a significant, sustained or recurring pattern of non-conformity with a sanitary or phytosanitary measure, the importing Party shall notify the exporting Party of the non-conformity. 12. On request, an importing Party shall provide to the exporting Party available information on goods from the exporting Party that were found not to conform to a sanitary or phytosanitary measure of the importing Party, and, on request, make itself available for discussions within a reasonable period of time in order to resolve the matter.

Import Checks. [3] 1. An importing Party may use The application of import checks to assess compliance by the importing State Party shall not become disguised restrictions on trade between the Parties and shall be carried out in accordance with its sanitary the SPS Agreement and phytosanitary measures the international standards, guidelines and to obtain information to assess risk or to determine the need for, develop, or periodically review a risk-based import checkrecommendations. 2. Each State Party shall ensure that its import checks programmes are based on the risks associated with importations, and that its import checks are carried out without undue delaydelay [4] . 3. A State Party shall make available to another State Party, on upon request, information on its import procedures and its basis for determining the nature and frequency of import checks, including the factors it considers to determine the risks associated with importationsprocedures. 4. A Party may change the frequency of its import checks as a result of experience gained through import checks or as a result of actions or discussions provided for in this Chapter. 5. An importing State Party shall provide to another State Party, on upon request, information regarding the analytical methods, quality controls, sampling procedures, procedures and facilities that the importing State Party uses has used to xxxxx test a good. The importing State Party shall ensure that any testing is conducted carried out using appropriate and validated methods in a facility that operates under a quality assurance program programme that is consistent with international laboratory standards. The importing State Party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample. 5. In the event that import checks demonstrate that products do not conform with the relevant import requirements of the importing State Party, any action taken by the importing State Party should be proportionate to the sanitary and phytosanitary risk associated with the import of the non-compliant product. 6. Each PartyUnless otherwise provided for in this Chapter, an importing State Party normally shall not suspend trade with respect another State Party on the basis that one consignment has failed to any import check that it conducts, shall: (a) limit any requirements regarding individual specimens or samples of an import conform to those that are reasonable and necessary; (b) ensure that any fees imposed for the procedures on imported products are equitable in relation to any fees charged on like domestic products or products originating in any other Party or non-Party and should be no higher than the actual cost of the service; (c) use criteria for selecting facilities at which an import check is conducted: (i) so that the location does not cause unnecessary inconvenience to an applicant or its agent, and (ii) so that the integrity of the good is preserved, except for the individual specimens or samples obtained pursuant to the requirements referred to in subparagraph (a)SPS requirements. 7. An importing Party shall ensure that its final decision in response to a finding of non-conformity with the importing Party's sanitary or phytosanitary measure is limited to what is reasonable and necessary in response to the non-conformity. 8. If an importing State Party prohibits or restricts takes an action regarding the importation of a good of another State Party on the basis of an adverse result of an import check, the importing State Party shall provide a notification, if where practicable by electronic means, about the adverse result to at least one of the following: the importer or its agent; the exporter; the manufacturer; or the manufacturerexporting State Party. 8. If an importing State Party determines that there is a significant non-conformity with a sanitary or phytosanitary measure; or a sustained, or a recurring pattern of non-conformity with a sanitary or phytosanitary measure, the importing State Party shall notify the exporting State Party of the non-conformity. 9. When the importing State Party provides a notification pursuant to paragraph 8, the Party it shall: (a) include in its notificationinclude: (i) the reason for the prohibition or restriction,non-conformity and the action taken; (ii) the legal basis or authorization authorisation for the action; and (iii) information on the status of the affected goods and, if appropriate, on their disposition; and (b) transmit the notification by electronic means, if practicable and not already been provided through another channel. 10. Upon request, an importing State Party shall provide to the exporting State Party available information on goods from the exporting State Party that were found not to conform to a sanitary or phytosanitary measure of the importing State Party. [3] For greater certainty, the State Parties recognise that import checks are one of many tools available to assess compliance with an importing Party's sanitary and phytosanitary measures. [4] For greater certainty, nothing in this Article prohibits a State Party from performing import checks to obtain information to assess risk or to determine the need for, develop or periodically review a risk-based import programme.