Temporary Suspension of Preferential Tariff Treatment. 1. Where a Party has found: a) systematic fraud regarding claims of preferential tariff treatment under this Agreement in respect of the goods exported or produced by a person of the other Party; or b) that the other Party systematically and unjustifiably refuses to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement, such Party may in exceptional circumstances temporarily suspend preferential tariff treatment under this Agreement. 2. Temporary suspension of preferential tariff treatment referred to in paragraph 1 of this Article may be applied to the goods concerned: a) of a person where the importing Party has concluded that such person of the exporting Party has committed systematic fraud regarding claims of preferential tariff treatment under this Agreement; b) of the person who is subject to verification request or verification visit request referred to in subparagraph b) of paragraph 1 of this Article. 3. Where the importing Party has concluded that the already suspended preferential tariff treatment in accordance with subparagraph a) of paragraph 2 of this Article had not resulted in cessation of systematic fraud regarding claims of preferential tariff treatment under this Agreement, it may temporarily suspend preferential tariff treatment with regard to identical goods classified in the same tariff lines at 8-10 digit level of the respective domestic nomenclatures of the Parties. 4. For the purposes of this Article: a) a finding of systematic fraud can be made where a Party has concluded that a person of the other Party has systematically provided false or incorrect information in order to obtain preferential tariff treatment under this Agreement as a result of an investigation based on objective, compelling and verifiable information; b) systematic and unjustifiable refusal to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement means a systematic refusal to verify the originating status of the goods concerned and/or to carry out verification visits as requested by a Party or absence of response to verification and verification visit requests; c) identical goods means the goods which are the same in all respects including physical characteristics, quality and reputation. 5. A Party that has made a finding pursuant to paragraph 1 or 3 of this Article, shall: a) notify the other Party and provide the information and evidence upon which the finding was based; b) engage in consultations with the other Party with a view to achieving a mutually acceptable solution. 6. If the Parties have not achieved a mutually acceptable solution within 30 days of the engagement into consultations pursuant to subparagraph b) of paragraph 5 of this Article, the Party that has made the finding shall refer the issue to the Joint Committee. 7. If the Joint Committee has not resolved the issue within 60 days of the referral of such issue to the Joint Committee, the Party which has made the finding may temporarily suspend preferential tariff treatment under this Agreement pursuant to paragraphs 2 and 3 of this Article. The Party that has made a decision on temporary suspension shall immediately notify the other Party and the Joint Committee. Temporary suspension shall not apply to the goods which have already been exported on the day that the temporary suspension comes into effect. The day of such exportation shall be the date of a transport document issued by a carrier. 8. Temporary suspension of preferential tariff treatment under this Article may be applied until the exporting Party provides convincing evidence of the ability to comply with the requirements of this Chapter and ensure the fulfilment of all the requirements of this Chapter by producers or exporters of the goods but shall not exceed a period of four months, which may be renewed for no longer than three months. 9. Any suspension under this Article and any renewed suspension shall be subject to periodic consultations of the Parties with a view to resolving the issue.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Temporary Suspension of Preferential Tariff Treatment. 1. Where a A Party has found:
a) systematic fraud regarding claims of may temporarily suspend, in accordance with paragraphs 2 through 5, the preferential tariff treatment under this Agreement in with respect of the goods to a good exported or produced by a person of the other Party if the Party; or
b) that the other Party systematically and unjustifiably refuses to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement, such Party may in exceptional circumstances temporarily suspend preferential tariff treatment under this Agreement.
2. Temporary suspension of preferential tariff treatment referred to in paragraph 1 of this Article may be applied to the goods concerned:
(a) of a person where the importing Party has concluded that such person of the exporting Party has committed systematic fraud regarding claims of preferential tariff treatment under this Agreement;
b) of the person who is subject to verification request or verification visit request referred to in subparagraph b) of paragraph 1 of this Article.
3. Where the importing Party has concluded that the already suspended preferential tariff treatment in accordance with subparagraph a) of paragraph 2 of this Article had not resulted in cessation of systematic fraud regarding claims of preferential tariff treatment under this Agreement, it may temporarily suspend preferential tariff treatment with regard to identical goods classified in the same tariff lines at 8-10 digit level of the respective domestic nomenclatures of the Parties.
4. For the purposes of this Article:
a) a finding of systematic fraud can be made where a Party has concluded that a person of the other Party has systematically provided false or incorrect information in order to obtain preferential tariff treatment under this Agreement as a result of an investigation based on objective, compelling and verifiable information;, makes a finding that the person of the other Party has committed systematic breaches of customs legislation in order to obtain preferential tariff treatment under this Agreement; or
(b) systematic makes a finding that the other Party systematically and unjustifiable refusal unjustifiably refuses to fulfil obligations cooperate with respect to the investigation of breaches of customs legislation under Articles 4.30 and/or 4.31 of this Agreement means a systematic refusal Article 6.13.4 (Cooperation), and the Party requesting cooperation, based on objective, compelling and verifiable information, has reasonable grounds to verify conclude that the originating status person of the goods concerned and/or other Party has committed systematic breaches of customs legislation in order to carry out verification visits as requested by a Party or absence of response to verification and verification visit requests;
c) identical goods means the goods which are the same in all respects including physical characteristics, quality and reputationobtain preferential tariff treatment under this Agreement.
52. A Party that has made a finding pursuant referred to in paragraph 1 or 3 of this Article, shall:
(a) notify the customs authority of the other Party and provide the information and evidence upon which the finding was based;
(b) engage in consultations with the authorities of the other Party with a view to achieving a mutually acceptable solutionresolution that addresses the concerns that resulted in the finding; and
(c) provide written notice to that person of the other Party that includes the information that is the basis of the finding.
63. If the Parties authorities have not achieved a mutually acceptable solution within resolution after 30 days of the engagement into consultations pursuant to subparagraph b) of paragraph 5 of this Articledays, the Party that has made the finding shall refer the issue to the Joint Customs Cooperation Committee.
74. If the Joint Customs Cooperation Committee has not resolved the issue within after 60 days of the referral of such issue to the Joint Committeedays, the Party which that has made the finding may temporarily suspend the preferential tariff treatment under this Agreement pursuant with respect to paragraphs 2 and 3 that good of this Articlethat person of the other Party. The Party that has made a decision on temporary suspension shall immediately notify the other Party and the Joint Committee. Temporary suspension shall does not apply to a good that is already in transit between the goods which have already been exported Parties on the day that the temporary suspension comes into effect.
5. The day Party applying the temporary suspension under paragraph 1 shall only apply it for a period commensurate with the impact on the financial interests of such exportation shall be that Party resulting from the date situation responsible for the finding made pursuant to paragraph 1, to a maximum of a transport document issued by a carrier.
890 days. Temporary If the Party has reasonable grounds based on objective, compelling and verifiable information that the conditions that gave rise to the initial suspension of preferential tariff treatment under this Article may be applied until have not changed after the exporting Party provides convincing evidence expiry of the ability to comply with 90 day period, that Party may renew the requirements of this Chapter and ensure the fulfilment of all the requirements of this Chapter by producers or exporters of the goods but shall not exceed suspension for a further period of four months, which may be renewed for no longer than three months.
990 days. Any The original suspension under this Article and any renewed suspension shall be suspensions are subject to periodic consultations of within the Parties with a view to resolving the issueJoint Customs Cooperation Committee.
Appears in 2 contracts
Samples: Comprehensive Economic and Trade Agreement (Ceta), Comprehensive Economic and Trade Agreement (Ceta)
Temporary Suspension of Preferential Tariff Treatment. 1. Where a Party has found:
a) : systematic fraud regarding claims of preferential tariff treatment under this Agreement in respect of the goods exported or produced by a person of the other Party; or
b) or that the other Party systematically and unjustifiably refuses to fulfil obligations under Articles 4.30 and/or 4.31 of 4.31of this Agreement, such Party may in exceptional circumstances temporarily suspend preferential tariff treatment under this Agreement.
2. Temporary suspension of preferential tariff treatment referred to in paragraph 1 of this Article may be applied to the goods concerned:
a) : of a person where the importing Party has concluded that such person of the exporting Party has committed systematic fraud regarding claims of preferential tariff treatment under this Agreement;
b) ; of the person who is subject to verification request or verification visit request referred to in subparagraph b) of paragraph 1 of this Article.
3. Where the importing Party has concluded that the already suspended preferential tariff treatment in accordance with subparagraph a) of paragraph 2 of this Article had not resulted in cessation of systematic fraud regarding claims of preferential tariff treatment under this Agreement, it may temporarily suspend preferential tariff treatment with regard to identical goods classified in the same tariff lines at 8-10 digit level of the respective domestic nomenclatures of the Parties.
4. For the purposes of this Article:
a) : a finding of systematic fraud can be made where a Party has concluded that a person of the other Party has systematically provided false or incorrect information in order to obtain preferential tariff treatment under this Agreement as a result of an investigation based on objective, compelling and verifiable information;
b) ; systematic and unjustifiable refusal to fulfil obligations under Articles 4.30 and/or 4.31 of 4.31of this Agreement means a systematic refusal to verify the originating status of the goods concerned and/or to carry out verification visits as requested by a Party or absence of response to verification and verification visit requests;
c) ; identical goods means the goods which are the same in all respects including physical characteristics, quality and reputation.
5. A Party that has made a finding pursuant to paragraph 1 or 3 of this Article, shall:
a) : notify the other Party and provide the information and evidence upon which the finding was based;
b) ; engage in consultations with the other Party with a view to achieving a mutually acceptable solution.
6. If the Parties have not achieved a mutually acceptable solution within 30 days of the engagement into consultations pursuant to subparagraph b) of paragraph 5 of this Article, the Party that has made the finding shall refer the issue to the Joint Committee.
7. If the Joint Committee has not resolved the issue within 60 days of the referral of such issue to the Joint Committee, the Party which has made the finding may temporarily suspend preferential tariff treatment under this Agreement pursuant to paragraphs 2 and 3 of this Article. The Party that has made a decision on temporary suspension shall immediately notify the other Party and the Joint Committee. Temporary suspension shall not apply to the goods which have already been exported on the day that the temporary suspension comes into effect. The day of such exportation shall be the date of a transport document issued by a carrier.
8. Temporary suspension of preferential tariff treatment under this Article may be applied until the exporting Party provides convincing evidence of the ability to comply with the requirements of this Chapter and ensure the fulfilment of all the requirements of this Chapter by producers or exporters of the goods but shall not exceed a period of four months, which may be renewed for no longer than three months.
9. Any suspension under this Article and any renewed suspension shall be subject to periodic consultations of the Parties with a view to resolving the issue.
SECTION IV. ADMINISTRATIVE COOPERATION
Appears in 1 contract
Samples: Free Trade Agreement
Temporary Suspension of Preferential Tariff Treatment. 1. Where a Party has found:
a) : systematic fraud regarding claims of preferential tariff treatment under this Agreement in respect of the goods exported or produced by a person of the other Party; or
b) or that the other Party systematically and unjustifiably refuses to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement, such Party may in exceptional circumstances temporarily suspend preferential tariff treatment under this Agreement.
2. Temporary suspension of preferential tariff treatment referred to in paragraph 1 of this Article may be applied to the goods concerned:
a) : of a person where the importing Party has concluded that such person of the exporting Party has committed systematic fraud regarding claims of preferential tariff treatment under this Agreement;
b) ; of the person who is subject to verification request or verification visit request referred to in subparagraph b) of paragraph 1 of this Article.
3. Where the importing Party has concluded that the already suspended preferential tariff treatment in accordance with subparagraph a) of paragraph 2 of this Article had not resulted in cessation of systematic fraud regarding claims of preferential tariff treatment under this Agreement, it may temporarily suspend preferential tariff treatment with regard to identical goods classified in the same tariff lines at 8-10 digit level of the respective domestic nomenclatures of the Parties.
4. For the purposes of this Article:
a) : a finding of systematic fraud can be made where a Party has concluded that a person of the other Party has systematically provided false or incorrect information in order to obtain preferential tariff treatment under this Agreement as a result of an investigation based on objective, compelling and verifiable information;
b) ; systematic and unjustifiable refusal to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement means a systematic refusal to verify the originating status of the goods concerned and/or to carry out verification visits as requested by a Party or absence of response to verification and verification visit requests;
c) ; identical goods means the goods which are the same in all respects including physical characteristics, quality and reputation.
5. A Party that has made a finding pursuant to paragraph 1 or 3 of this Article, shall:
a) : notify the other Party and provide the information and evidence upon which the finding was based;
b) ; engage in consultations with the other Party with a view to achieving a mutually acceptable solution.
6. If the Parties have not achieved a mutually acceptable solution within 30 days of the engagement into consultations pursuant to subparagraph b) of paragraph 5 of this Article, the Party that has made the finding shall refer the issue to the Joint Committee.
7. If the Joint Committee has not resolved the issue within 60 days of the referral of such issue to the Joint Committee, the Party which has made the finding may temporarily suspend preferential tariff treatment under this Agreement pursuant to paragraphs 2 and 3 of this Article. The Party that has made a decision on temporary suspension shall immediately notify the other Party and the Joint Committee. Temporary suspension shall not apply to the goods which have already been exported on the day that the temporary suspension comes into effect. The day of such exportation shall be the date of a transport document issued by a carrier.
8. Temporary suspension of preferential tariff treatment under this Article may be applied until the exporting Party provides convincing evidence of the ability to comply with the requirements of this Chapter and ensure the fulfilment of all the requirements of this Chapter by producers or exporters of the goods but shall not exceed a period of four months, which may be renewed for no longer than three months.
9. Any suspension under this Article and any renewed suspension shall be subject to periodic consultations of the Parties with a view to resolving the issue.
Appears in 1 contract
Samples: Free Trade Agreement
Temporary Suspension of Preferential Tariff Treatment. 1. Where a Party has found:
a) systematic fraud regarding claims of preferential tariff treatment under this Agreement in respect of the goods exported or produced by a person of the other Party; or
b) that the other Party systematically and unjustifiably refuses to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement, such Party may in exceptional circumstances temporarily suspend preferential tariff treatment under this Agreement.
2. Temporary suspension of preferential tariff treatment referred to in paragraph 1 of this Article may be applied to the goods concerned:
a) of a person where the importing Party has concluded that such person of the exporting Party has committed systematic fraud regarding claims of preferential tariff treatment under this Agreement;
b) of the person who is subject to verification request or verification visit request referred to in subparagraph b) of paragraph 1 of this Article.
3. Where the importing Party has concluded that the already suspended preferential tariff treatment in accordance with subparagraph a) of paragraph 2 of this Article had not resulted in cessation of systematic fraud regarding claims of preferential tariff treatment under this Agreement, it may temporarily suspend preferential tariff treatment with regard to identical goods classified in the same tariff lines at 8-10 digit level of the respective domestic nomenclatures of the Parties.
4. For the purposes of this Article:
a) a finding of systematic fraud can be made where a Party has concluded that a person of the other Party has systematically provided false or incorrect information in order to obtain preferential tariff treatment under this Agreement as a result of an investigation based on objective, compelling and verifiable information;
b) systematic and unjustifiable refusal to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement means a systematic refusal to verify the originating status of the goods concerned and/or to carry out verification visits as requested by a Party or absence of response to verification and verification visit requests;
c) identical goods means the goods which are the same in all respects including physical characteristics, quality and reputation.
5. A Party that has made a finding pursuant to paragraph 1 or 3 of this Article, shall:
a) notify the other Party and provide the information and evidence upon which the finding was based;
b) engage in consultations with the other Party with a view to achieving a mutually acceptable solution.
6. If the Parties have not achieved a mutually acceptable solution within 30 days of the engagement into consultations pursuant to subparagraph b) of paragraph 5 of this Article, the Party that has made the finding shall refer the issue to the Joint Committee.
7. If the Joint Committee has not resolved the issue within 60 days of the referral of such issue to the Joint Committee, the Party which has made the finding may temporarily suspend preferential tariff treatment under this Agreement pursuant to paragraphs 2 and 3 of this Article. The Party that has made a decision on temporary suspension shall immediately notify the other Party and the Joint Committee. Temporary suspension shall not apply to the goods which have already been exported on the day that the temporary suspension comes into effect. The day of such exportation shall be the date of a transport document issued by a carrier.
8. Temporary suspension of preferential tariff treatment under this Article may be applied until the exporting Party provides convincing evidence of the ability to comply with the requirements of this Chapter and ensure the fulfilment of all the requirements of this Chapter by producers or exporters of the goods but shall not exceed a period of four months, which may be renewed for no longer than three months.
9. Any suspension under this Article and any renewed suspension shall be subject to periodic consultations of the Parties with a view to resolving the issue.
SECTION IV. ADMINISTRATIVE COOPERATION ARTICLE
Appears in 1 contract
Samples: Free Trade Agreement
Temporary Suspension of Preferential Tariff Treatment. 1. Where a Party has found:
a) systematic fraud regarding claims of preferential tariff treatment under this Agreement in respect of the goods exported or produced by a person of the other Party; or
b) that the other Party systematically and unjustifiably refuses to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement, such Party may in exceptional circumstances temporarily suspend preferential tariff treatment under this Agreement.
2. Temporary suspension of preferential tariff treatment referred to in paragraph 1 of this Article may be applied to the goods concerned:
a) of a person where the importing Party has concluded that such person of the exporting Party has committed systematic fraud regarding claims of preferential tariff treatment under this Agreement;
b) of the person who is subject to verification request or verification visit request referred to in subparagraph b) of paragraph 1 of this Article.
3. Where the importing Party has concluded that the already suspended preferential tariff treatment in accordance with subparagraph a) of paragraph 2 of this Article had not resulted in cessation of systematic fraud regarding claims of preferential tariff treatment under this Agreement, it may temporarily suspend preferential tariff treatment with regard to identical goods classified in the same tariff lines at 8-10 digit level of the respective domestic nomenclatures of the Parties.
4. For the purposes of this Article:
a) a finding of systematic fraud can be made where a Party has concluded that a person of the other Party has systematically provided false or incorrect information in order to obtain preferential tariff treatment under this Agreement as a result of an investigation based on objective, compelling and verifiable information;
b) systematic and unjustifiable refusal to fulfil obligations under Articles 4.30 and/or 4.31 of this Agreement means a systematic refusal to verify the originating status of the goods concerned and/or to carry out verification visits as requested by a Party or absence of response to verification and verification visit requests;
c) identical goods means the goods which are the same in all respects including physical characteristics, quality and reputation.
5. A Party that has made a finding pursuant to paragraph 1 or 3 of this Article, shall:
a) notify the other Party and provide the information and evidence upon which the finding was based;
b) engage in consultations with the other Party with a view to achieving a mutually acceptable solution.
6. If the Parties have not achieved a mutually acceptable solution within 30 days of the engagement into consultations pursuant to subparagraph b) of paragraph 5 of this Article, the Party that has made the finding shall refer the issue to the Joint Committee.
7. If the Joint Committee has not resolved the issue within 60 days of the referral of such issue to the Joint Committee, the Party which has made the finding may temporarily suspend preferential tariff treatment under this Agreement pursuant to paragraphs 2 and 3 of this Article. The Party that has made a decision on temporary suspension shall immediately notify the other Party and the Joint Committee. Temporary suspension shall not apply to the goods which have already been exported on the day that the temporary suspension comes into effect. The day of such exportation shall be the date of a transport document issued by a carrier.
8. Temporary suspension of preferential tariff treatment under this Article may be applied until the exporting Party provides convincing evidence of the ability to comply with the requirements of this Chapter and ensure the fulfilment of all the requirements of this Chapter by producers or exporters of the goods but shall not exceed a period of four months, which may be renewed for no longer than three months.
9. Any suspension under this Article and any renewed suspension shall be subject to periodic consultations of the Parties with a view to resolving the issue.and/or
Appears in 1 contract
Samples: Free Trade Agreement
