Verification of Origin. 1. For the purposes of determining the authenticity or accuracy of the Certificate of Origin, the originating status of the products concerned, or the fulfillment of the other requirements of this Chapter, the customs authority of the importing Party may conduct origin verification based on risk analysis and at random or whenever the customs authority of the importing Party has reasonable doubts, by means of:
(a) requests for additional information from the importer;
(b) requests to the customs authority of the exporting Party to verify the origin of a product;
(c) such other procedures as the customs authorities of the Parties may jointly decide; or
(d) conducting verification visit to the exporting Party, when necessary, in a manner to be jointly determined by the customs authorities of the Parties.
2. The customs authority of the importing Party requesting verification to the exporting Party shall specify the reasons, and provide any document and information justifying the verification.
3. The importer or the exporting Party referred to in paragraph 1 receiving a request for verification, shall respond to the request promptly and reply within 3 months, from the date of raising the verification request. Upon request of the exporting Party, the above-mentioned period can be extended to another 3 months.
4. If the customs authority of the importing Party decides to suspend the granting of preferential treatment to the goods concerned while awaiting the results of the verification, the goods shall be released upon submission of guarantee, unless otherwise provided in the domestic legislations of the importing party.
5. If no reply is received within 6 months, or if the reply does not contain sufficient information to determine the authenticity of the documents or the originating status of the products in question, the requesting customs authority may deny preferential tariff treatment.
6. The exporter, producer or manufacturer, who applied for the Certificate of Origin or made the Declaration of Origin related to the concerned goods, shall not deny any request for a verification visit agreed by the Parties. Any failure to consent to a verification visit shall be liable for a denial of preferential benefits claimed in accordance with this Agreement.
Verification of Origin. 1. For the purposes of determining whether goods imported into the territory of a Party from the territory of the other Party qualify as originating goods, the importing customs administration may verify any claims for tariff preference by means of:
(a) written requests for additional information from the importer;
(b) written requests for additional information from the exporter or producer in the territory of the exporting Party;
(c) requests that the competent authorities of the exporting Party verify the origin of a good; or
(d) such other procedures as the customs administrations of the Parties may jointly decide.
2. A verification process under paragraph 1 shall only be initiated when there are reasonable grounds to doubt the accuracy or authenticity of origin documents, the origin status of the goods concerned or the fulfilment of any other requirements under this Section, and when customs duty is sufficiently material to warrant the request.
3. A verification request to the competent authority of the exporting Party shall specify the reasons, and any documents and information obtained justifying the verification activities shall be forwarded to the competent authority of the requested Party.
4. The Parties shall develop an electronic verification system to ensure the effective and efficient implementation of this Section in a manner and within a timeframe to be jointly determined by the Parties.
Verification of Origin. 1. Where the customs authorities of the importing Party have a reasonable doubt about the authenticity of a Certificate of Origin and/or the compliance of the goods, covered by the Certificate of Origin, with the origin criteria, pursuant to Article 4.3 of this Agreement, and in the case of a random check, they may send a request to the verification authority or authorised body of the exporting Party to confirm the authenticity of the Certificate of Origin and/or the compliance of the goods with the origin criteria and/or to provide, if requested, documentary evidence from the producer and/or exporter of the goods.
2. All verification requests shall be accompanied by sufficient information to identify the concerned goods. A request to the verification authority of the exporting Party shall be accompanied by a copy of the Certificate of Origin and shall specify the circumstances and reasons for the request.
3. The recipient of a request under paragraph 1 of this Article shall respond to the requesting customs authorities of the importing Party within six months after the date of such verification request.
4. In response to a request under paragraph 1 of this Article verification authority of the exporting Party shall clearly indicate whether the Certificate of Origin is authentic and/or whether the goods can be considered as originating in such Party including by providing requested documentary evidence received from the producer and/or exporter of the goods. Before the response to the verification request, paragraph 3 of Article 4.23 of this Agreement may be applied. The customs duties paid shall be refunded if the received results of the verification process confirm and clearly indicate that the goods qualify as originating and all other requirements of this Chapter are met.
Verification of Origin. 1. For the purposes of determining whether goods imported into the territory of a Party from the territory of another Party qualify as originating goods, the importing Party may, through its customs administration, verify any claims made for tariff preference by means of:
(a) written requests for information addressed to the importer;
(b) written questions and requests for information addressed to the exporter or producer in the territory of the exporting Party through the customs administrations of the exporting Party;
(c) requests to the customs administration of the exporting Party to verify the origin of the good; or
(d) such other procedures as the customs administrations of the Parties may agree.
2. If the mechanism established in Paragraph 1 fails to determine the origin of a good, the importing Party may request, through the customs administration of the exporting Party, to visit the premises of the exporter or producer in the territory of the exporting Party:
(a) to review records referring to origin; and
(b) to observe the facilities used in production of the goods.
3. The requesting Party shall, through its customs administration:
(a) ensure that any request made to the customs administration of the exporting Party is sufficiently material to warrant the request and is accompanied by sufficient information to identify the particular goods and the exporter or producer of those goods; and
(b) specify a period of 60 days from the date the written questions or request was sent to the exporter or producer to fully respond to the questions or request.
4. The Parties agree to facilitate requests for assistance through their customs administrations under this Article within 10 days of receipt of the request.
Verification of Origin. 1. For the purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, the importing Party may conduct verification by means of: (a) request for information from the importer; (b) written questionnaires or request for information to the exporter or producer of the good(s) in the territory of the other Party through the competent government authority of the exporting Party; (c) request for assistance from the competent government authority of the exporting Party as provided for in paragraph 3 below; or (d) verification visits to the premises of an exporter or a producer in the territory of the other Party, to observe the facilities and the production processes of the good and to review the records referring to origin including accounting files.
2. For the purpose of subparagraphs 1(a) and 1(b), the importer, exporter or producer: (a) shall answer and return the request within a period of thirty (30) days from the date on which it was received; (b) may have one opportunity, during the period established in subparagraph (a), to make a written request to the competent government authority of the importing Party for an extension of the answering period, for a period not exceeding thirty (30) days. For the exporter or producer, this written request will be made through the competent government authority of the exporting Party. In the case where the importer, exporter, or producer does not return the written request for the information made by the competent government authority of the importing Party within the given period or its extension, the importing Party may deny the preferential tariff treatment.
3. For the purpose of subparagraph 1(c), the customs administration of the importing Party: (a) may request the competent government authority of the exporting Party to assist it in verifying: (i) whether the goods declared in the Declaration of Origin qualify as originating goods; and/or (ii) the accuracy of any information contained in the Declaration of Origin; (b) shall provide the competent government authority of the other Party with: (i) the reasons why such assistance is sought; (ii) the Declaration of Origin, or a copy thereof; and (iii) any information and documents as may be necessary for the purpose of providing such assistance. 4. To the extent allowed by its domestic law and practices, the competent government authority of the exporting Party shall fully cooperate in any ...
Verification of Origin. 1. For the purposes of determining whether a good imported into a Party from the other Party qualifies as an originating good, the customs administration of the importing Party may conduct a verification action by means of:
(a) written requests for information from the importer;
(b) written requests for information from the exporter or producer of the exporting Party;
(c) requests that the customs administration of the exporting Party assist in verifying the origin of the good; or
(d) verification visits to the premises of the exporter or the producer in the territory of the other Party to observe the facilities and the production processes of the good and to review the records referring to origin, including accounting records.
2. For the purposes of paragraph 1(a) and paragraph 1(b), the customs administration shall allow the importer, exporter, or producer a period of 30 days from the date of the written request to respond. During this period the importer, exporter, or producer may request, in writing, an extension not exceeding 30 days.
3. For the purposes of this Article and Article 26 (Verification Visit), all the information requested by the importing Party and responded to by the exporting Party shall be communicated in English.
4. The 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 completion of the verification action, the customs administration shall provide written advice to the importer, exporter or producer of its decision as well as the legal basis and findings of fact on which the decision was made within 90 days.
5. Where a verification visit was undertaken, the customs administration shall also provide advice of the decision to the exporting Party.
Verification of Origin. 1. When there is a reasonable doubt as to the origin of a good, the Customs Administration of an importing Party may verify the eligibility of a good for preferential tariff treatment under this Agreement by means of:
(a) written requests for information to the importer;
(b) written requests for information to the exporter or producer or an authorised representative of the exporter or producer;
(c) a verification visit to the premises of the exporter or producer in the territory of another Party (under Article 20); or
(d) any other procedures as mutually agreed by the relevant Parties.
2. A written request referred to in paragraph 1 shall include:
(a) the identity of the Customs Administration making the request;
(b) the reason for the request, including the specific issue the importing Party seeks to resolve with the verification;
(c) sufficient information to identify the good that is being verified; and
(d) a copy of relevant information submitted with the good, including the Declaration of Origin.
3. Subject to the availability of resources and to the extent allowed by its laws, regulations and policies, the exporting Party shall whenever possible cooperate in any action to verify eligibility and require that producers and exporters cooperate in any action to verify eligibility.
Verification of Origin. 1. Verification of origin shall be carried out whenever the customs authorities of the importing Party have doubts as to the authenticity of Certificate of Origin, the originating status of the products concerned or the fulfillment of the other requirements of this Chapter.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing Party shall return a photo-copy of Certificate of Origin, to the competent governmental authorities of the exporting Party, indicating the reasons for the enquiry. Any documents and information obtained establishing that the information given on the Certificate of Origin is incorrect shall be forwarded in support of the request for verification.
3. The verification shall be carried out by the competent governmental authorities of the exporting Party. For this purpose, they shall have the rights to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.
4. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic, whether the products concerned can be considered as products originating and fulfill the other requirements of this Chapter, including the findings of facts and the legal basis for the determination.
5. If no reply within six months of the date of the verification request was received or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall deny preferential tariff treatment.
6. Where the customs authorities of the importing Party determines that it has been certified more than once falsely or without substantiation that a good qualifies as originating, the customs authorities of the importing Party may suspend preferential tariff treatment to identical goods imported by the same importer, until it demonstrates that it has complied with the provisions under this Agreement.
7. All the information requested, supporting documents, and all other related information exchange between the customs authorities of the importing Party and the competent governmental authorities regarding this Article may be communicated electronically.
Verification of Origin. 1. For the purposes of determining whether a good imported from the exporting Party under preferential tariff treatment qualifies as an originating good of the exporting Party, the customs authority of the importing Party may request the competent authority of the exporting Party, information relating to the origin of the good, where it has reasonable doubt as to the authenticity of the Certificate of Origin or the accuracy of the information included in the Certificate of Origin.
2. Where the customs authority of the importing Party requests the information under paragraph 1, it shall provide the competent authority of the exporting Party with:
(a) the reasons why such verification is requested;
(b) the Certificate of Origin of the good or a copy thereof; and
(c) any information and documents as may be necessary for purposes of such request;
3. For the purposes of paragraph 1, the competent authority of the exporting Party shall provide the information requested within a period of six (6) months from the date of receipt of the request. If the customs authority of the importing Party considers necessary, it may require additional information relating to the origin of the good. If additional information is requested by the customs authority of the importing Party, the competent authority of the exporting Party shall, in accordance with the laws and regulations of the exporting Party, provide the information requested within a period of three (3) months from the date of receipt of the request.
4. The request of information in accordance with paragraph 1 shall not preclude the use of the verification method provided for in Article 4.26.
5. The competent authority of the exporting Party shall promptly transmit the information requested to the customs authority of the importing Party which shall then determine whether or not the goods concerned is originating. The entire process from the date of receipt of the request of the information until the notification of the result shall be completed within one hundred and eighty (180) days.
Verification of Origin. 1. For the purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, the importing Party may, through its customs administration, conduct a verification of eligibility for preferential tariff treatment by means of:
(a) requests for information addressed to the importer;
(b) written questions and requests for information addressed to an exporter or producer in the territory of the other Party;
(c) visits to the premises of an exporter or producer in the territory of the other Party to review the records referred to in Article 4.6 and to observe the facilities used in the production of the good;
(d) requests to the exporting Party to verify the origin of the good; or
(e) such other procedures as the Parties may agree.
2. Where a request is made by the importing Party to the exporting Party to verify the origin of the good:
(a) such request shall only be made if the customs value for duty is sufficiently material to warrant the request;
(b) the request shall be accompanied by sufficient information to identify the good about which the request was made;
(c) the exporting Party shall, within 90 days of receiving the request, advise the importing Party as to the origin of the good about which the request was made; and
(d) any costs incurred by the exporting Party in meeting the request to verify the origin of the good shall be mutually determined by the Parties.
3. Prior to conducting a verification visit pursuant to Sub-paragraph 1(c) of this Article the importing Party shall:
(a) deliver a written notification of its intention to conduct the visit to:
(i) the exporter or producer whose premises are to be visited; and
(ii) the customs administration of the exporting Party; and
(b) obtain the written consent of the exporter or producer whose premises are to be visited.