Common use of Origin Verification Clause in Contracts

Origin Verification. 1. For the purpose of determining whether a good imported into one Party from the other Party qualifies as an originating good, the customs authority of the importing Party may conduct a verification process by means of: (a) written requests for additional information from the importer; (b) written requests for additional information from the exporter or producer; (c) requests to the customs authority of the exporting Party for assistance in verifying the origin of the good; (d) verification visits to the premises of an exporter or a producer in the territory of the other Party, along with the customs authority of the exporting Party to observe the facilities and the production processes of the good and to review the records referring to origin, including accounting files. Officials of the customs authority of the exporting Party should come along as observers to the verification visit when requested by the importing Party; or (e) any other procedures to which the Parties may agree. 2. For purposes of paragraph 1(a) and 1(b), (a) the written request for additional information made by the importing Party will indicate that the time period the importer, exporter, or producer has to provide the information and documentation 3. For purposes of paragraph 1(c): (a) the customs authority of the importing Party shall provide the customs authority of the exporting Party with: (i) the reasons why such assistance for verification is requested; (ii) the certificate of origin of the good, or a copy thereof; and (iii) any information and documents as may be necessary for the purpose of such request; (b) the customs authority of the exporting Party shall provide the customs authority of the importing Party with a written statement in English, including findings and facts, and any supporting documents made available by the exporter or producer. Nonetheless, the exporting Party may issue the above mentioned written statement both in English and in the language required by its law. This statement shall indicate clearly whether the documents are authentic and whether the goods concerned can be considered an originating good and fulfill the other requirements of this Chapter. If the good can be considered an originating good, the statement shall include a detailed explanation of how the good obtained the originating status; and (c) in the cases where the customs authority of the exporting Party does not provide the written statement within 150 days of the date of request or where the written statement does not contain sufficient information, the importing Party may deny the preferential tariff treatment to the relevant good. 4. For purposes of paragraph 1(d): (a) prior to conducting a verification visit, the importing Party shall, through its customs authority: (i) deliver a written notification of its intention to conduct the visit to the exporter or producer whose premises are to be visited and the customs authority of the other Party; and (ii) obtain the written consent of the exporter or producer whose premises are to be visited; (b) where an exporter or producer has not given its written consent to a proposed verification visit within 30 days of the receipt of notification pursuant to subparagraph (a), the notifying Party may deny preferential tariff treatment to the relevant good; (c) upon receipt of notification pursuant to subparagraph (a), such an exporter or producer may, within 15 days of receiving the notification, have one opportunity to request to the Party conducting the verification for a postponement of the proposed verification visit, for a period not exceeding 60 days. This extension shall be notified to the customs authority of the importing and exporting Parties; and (d) after the conclusion of a verification visit, the Party conducting the verification, shall provide the exporter or producer whose good was verified, with a written determination of whether the good is eligible for preferential tariff treatment, based on the relevant law and findings of fact. 5. For purposes of paragraphs 1(b) and 1(c), all the information requested by the customs authority of the importing Party and responded by the customs authority of the exporting Party shall be communicated in English. Nonetheless, the customs authority of each Party may issue the above mentioned information both in English and in the language required by its law.

Origin Verification. 1. For the purpose purposes of determining whether a good imported into one Party from the other Party qualifies as an originating goodauthenticity and the veracity of the information given in the certification of origin to verify the eligibility of goods for preferential tariff treatment, the customs authority of the importing Party may may, through its competent authority, conduct a verification process by means of: : (a) written requests for additional information from the importer; ; (b) written requests request for additional information assistance from the exporter or producer; (c) requests to the customs competent authority of the exporting Party as provided for assistance in verifying paragraph 2 below; (c) written questionnaires to an exporter or a producer in the origin territory of the good; other Party through the competent authority; (d) verification visits to the premises of an exporter or a producer in the territory of the other Party, along with subject to the customs authority consent of the exporting Party to observe exporter or the facilities and producer, in accordance with any procedures that the production processes of the good and to review the records referring to origin, including accounting files. Officials of the customs authority of the exporting Party should come along as observers Parties jointly adopt pertaining to the verification visit when requested by the importing Partyverification; or or (e) any such other procedures to which as the Parties may agree. 2. For purposes the purpose of paragraph 1(a) and 1(b), (a) the written request for additional information made by the importing Party will indicate that the time period the importer, exporter, or producer has to provide the information and documentation 3. For purposes of paragraph 1(c): (a) the customs competent authority of the importing Party shall provide Party: (a) may request the customs competent authority of the exporting Party to assist it in: (i) verifying the authenticity of a certification of origin; and / or (ii) verifying the accuracy of any information contained in the certification of origin; and / or (iii) conducting in its territory some related investigations or inquiries, and to issue the corresponding reports. (b) shall provide the competent authority of the other Party with: : (i) the reasons why such assistance for verification is requested; sought; (ii) the certificate certification of origin of the goodorigin, or a copy thereof; and and (iii) any information and documents as may be necessary for the purpose of providing such request; (b) assistance. 3. To the customs authority of extent allowed by its domestic law and practices, the exporting Party shall provide the customs authority of the importing Party with a written statement co-operate in English, including findings and facts, and any supporting documents made available by the exporter or producer. Nonetheless, the exporting Party may issue the above mentioned written statement both in English and in the language required by its law. This statement shall indicate clearly whether the documents are authentic and whether the goods concerned can be considered an originating good and fulfill the other requirements of this Chapter. If the good can be considered an originating good, the statement shall include a detailed explanation of how the good obtained the originating status; and (c) in the cases where the customs authority of the exporting Party does not provide the written statement within 150 days of the date of request or where the written statement does not contain sufficient information, the importing Party may deny the preferential tariff treatment action to the relevant good. verify eligibility. 4. For purposes of paragraph 1(d): (a) prior to conducting a verification visit, the importing Party shall, through its customs authority: (i) deliver a written notification of its intention to conduct the visit to the exporter or producer whose premises are to be visited and the customs authority of the other Party; and (ii) obtain the written consent of the exporter or producer whose premises are to be visited; (b) where an exporter or producer has not given its written consent to a proposed verification visit within 30 days of the receipt of notification pursuant to subparagraph (a), the notifying A Party may deny preferential tariff treatment to an imported good where: (a) the relevant goodexporter, producer or importer fails to respond to written requests for information or questionnaires within a reasonable period of time; or (cb) upon after receipt of a written notification pursuant to subparagraph (a), such an exporter or producer may, within 15 days of receiving the notification, have one opportunity to request to the Party conducting the verification for a postponement of the proposed verification visit, for a period not exceeding 60 days. This extension shall be notified to the customs authority of visit agreed upon by the importing and exporting Parties; and (d) after , the conclusion exporter or producer does not provide its written consent within a reasonable period of time. 5. The Party conducting a verification visitshall, the Party conducting the verificationthrough its competent authority, shall provide the exporter or producer whose good was verified, is the subject of the verification with a written determination of whether the good is eligible for preferential tariff treatmentqualifies as an originating good, based on the relevant law and including findings of factfact and the legal basis for the determination. 5. For purposes of paragraphs 1(b) and 1(c), all the information requested by the customs authority of the importing Party and responded by the customs authority of the exporting Party shall be communicated in English. Nonetheless, the customs authority of each Party may issue the above mentioned information both in English and in the language required by its law.

Origin Verification. 1. For the purpose purposes of determining whether a good imported into one a Party from the other Party qualifies as an originating good, the customs authority administration of the importing Party may conduct a verification process action by means of: : (a) written requests for additional information from the importer; ; (b) where the Certificate of Origin was issued by an authorised body, requests to that authorised body to verify the validity of the Certificate of Origin; (c) written requests for additional information from the exporter or producer; producer of the exporting Party; (cd) requests to that the customs authority administration of the exporting Party for assistance assist in verifying the origin of the good; or (de) verification visits to the premises of an the exporter or a the producer in the territory of the other Party, along with the customs authority of the exporting Party to observe the facilities and the production processes of the good and to review the records referring to origin, including accounting files. Officials of the customs authority of the exporting Party should come along as observers to the verification visit when requested by the importing Party; or (e) any other procedures to which the Parties may agreerecords. 2. For the purposes of paragraph paragraphs 1(a), 1(b) and 1(b1(c), (a) the customs administration shall allow the importer, exporter, producer or authorised body a period of 30 days from the date of the written request for additional information made by the importing Party will indicate that the time to respond. During this period the importer, exporter, producer or producer has to provide the information and documentationauthorised body may request, in writing, an extension not exceeding 30 days. 3. For the purposes of paragraph 1(c): (a) the customs authority of the importing Party shall provide the customs authority of the exporting Party with: (i) the reasons why such assistance for verification is requested; (ii) the certificate of origin of the good, or a copy thereof; this Article and (iii) any information and documents as may be necessary for the purpose of such request; (b) the customs authority of the exporting Party shall provide the customs authority of the importing Party with a written statement in English, including findings and facts, and any supporting documents made available by the exporter or producer. Nonetheless, the exporting Party may issue the above mentioned written statement both in English and in the language required by its law. This statement shall indicate clearly whether the documents are authentic and whether the goods concerned can be considered an originating good and fulfill the other requirements of this Chapter. If the good can be considered an originating good, the statement shall include a detailed explanation of how the good obtained the originating status; and (c) in the cases where the customs authority of the exporting Party does not provide the written statement within 150 days of the date of request or where the written statement does not contain sufficient information, the importing Party may deny the preferential tariff treatment to the relevant good. 4. For purposes of paragraph 1(d): (a) prior to conducting a verification visit, the importing Party shall, through its customs authority: (i) deliver a written notification of its intention to conduct the visit to the exporter or producer whose premises are to be visited and the customs authority of the other Party; and (ii) obtain the written consent of the exporter or producer whose premises are to be visited; (b) where an exporter or producer has not given its written consent to a proposed verification visit within 30 days of the receipt of notification pursuant to subparagraph (a), the notifying Party may deny preferential tariff treatment to the relevant good; (c) upon receipt of notification pursuant to subparagraph (a), such an exporter or producer may, within 15 days of receiving the notification, have one opportunity to request to the Party conducting the verification for a postponement of the proposed verification visit, for a period not exceeding 60 days. This extension shall be notified to the customs authority of the importing and exporting Parties; and (d) after the conclusion of a verification visit, the Party conducting the verification, shall provide the exporter or producer whose good was verified, with a written determination of whether the good is eligible for preferential tariff treatment, based on the relevant law and findings of fact. 5. For purposes of paragraphs 1(b) and 1(c)Article 3.24, all the information requested by the customs authority of the importing Party and responded to by the customs authority of the exporting Party shall be communicated in English. 4. NonethelessThe customs administration of the importing Party shall complete any action under paragraph 1 to verify eligibility for preferential tariff treatment within the period specified in the laws, regulations or administrative procedures of the importing Party. Upon the completion of the verification action, the customs authority administration shall provide written advice to the importer, exporter or producer of each Party may issue its decision as well as the above mentioned information both in English legal basis and in findings of fact on which the language required by its lawdecision was made. Where a verification visit was undertaken, the customs administration shall also provide advice of the decision to the exporting Party.

Origin Verification. 1. For the purpose purposes of determining whether a good imported into one Party from the other Party qualifies as an originating goodauthenticity and the veracity of the information given in the certification of origin to verify the eligibility of goods for preferential tariff treatment, the customs authority of the importing Party may may, through its competent authority, conduct a verification process by means of: : (a) written requests for additional information from the importer; ; (b) written requests request for additional information assistance from the exporter or producer; (c) requests to the customs competent authority of the exporting Party as provided for assistance in verifying paragraph 2 below; (c) written questionnaires to an exporter or a producer in the origin territory of the good; other Party through the competent authority; (d) verification visits to the premises of an exporter or a producer in the territory of the other Party, along with subject to the customs authority consent of the exporting Party to observe exporter or the facilities and producer, in accordance with any procedures that the production processes of the good and to review the records referring to origin, including accounting files. Officials of the customs authority of the exporting Party should come along as observers Parties jointly adopt pertaining to the verification visit when requested by the importing Partyverification; or or (e) any such other procedures to which as the Parties may agree. 2. For purposes the purpose of paragraph 1(a) and 1(b), (a) the written request for additional information made by the importing Party will indicate that the time period the importer, exporter, or producer has to provide the information and documentation 3. For purposes of paragraph 1(c): (a) the customs competent authority of the importing Party shall provide Party: (a) may request the customs competent authority of the exporting Party to assist it in: (i) verifying the authenticity of a certification of origin; and / or (i ) verifying the accuracy of any information contained in the certification of origin; and / or (i i) conducting in its territory some related investigations or inquiries, and to issue the corresponding reports. (b) shal provide the competent authority of the other Party with: : (i) the reasons why such assistance for verification is requested; sought; (iii ) the certificate certification of origin of the goodorigin, or a copy thereof; and and (iiii i) any information and documents as may be necessary for the purpose of providing such request; (b) assistance. 3. To the customs authority of the exporting Party shall provide the customs authority of the importing Party with a written statement in English, including findings extent al owed by its domestic law and facts, and any supporting documents made available by the exporter or producer. Nonethelesspractices, the exporting Party may issue the above mentioned written statement both shal co-operate in English and in the language required by its law. This statement shall indicate clearly whether the documents are authentic and whether the goods concerned can be considered an originating good and fulfill the other requirements of this Chapter. If the good can be considered an originating good, the statement shall include a detailed explanation of how the good obtained the originating status; and (c) in the cases where the customs authority of the exporting Party does not provide the written statement within 150 days of the date of request or where the written statement does not contain sufficient information, the importing Party may deny the preferential tariff treatment any action to the relevant good. verify eligibility. 4. For purposes of paragraph 1(d): (a) prior to conducting a verification visit, the importing Party shall, through its customs authority: (i) deliver a written notification of its intention to conduct the visit to the exporter or producer whose premises are to be visited and the customs authority of the other Party; and (ii) obtain the written consent of the exporter or producer whose premises are to be visited; (b) where an exporter or producer has not given its written consent to a proposed verification visit within 30 days of the receipt of notification pursuant to subparagraph (a), the notifying A Party may deny preferential tariff treatment to an imported good where: (a) the relevant goodexporter, producer or importer fails to respond to written requests for information or questionnaires within a reasonable period of time; or (cb) upon after receipt of a written notification pursuant to subparagraph (a), such an exporter or producer may, within 15 days of receiving the notification, have one opportunity to request to the Party conducting the verification for a postponement of the proposed verification visit, for a period not exceeding 60 days. This extension shall be notified to the customs authority of visit agreed upon by the importing and exporting Parties; and (d) after , the conclusion exporter or producer does not provide its written consent within a reasonable period of time. 5. The Party conducting a verification visitshal , the Party conducting the verificationthrough its competent authority, shall provide the exporter or producer whose good was verified, is the subject of the verification with a written determination of whether the good is eligible for preferential tariff treatmentqualifies as an originating good, based on the relevant law and including findings of factfact and the legal basis for the determination. 5. For purposes of paragraphs 1(b) and 1(c), all the information requested by the customs authority of the importing Party and responded by the customs authority of the exporting Party shall be communicated in English. Nonetheless, the customs authority of each Party may issue the above mentioned information both in English and in the language required by its law.