Common use of Verification of Origin Clause in Contracts

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 action to verify the origin as established under subparagraph 1(b) and paragraph 3 above. In the absence of such cooperation, the importing Party shall determine the accuracy of the information contained in the Declaration of Origin with the best information available at that moment. 5. For the purpose of subparagraph 1(d), the competent government authority of the importing Party shall: (a) deliver, at least thirty (30) days prior to conducting a verification visit, a written notification of its intention to conduct the visit to the exporter or producer and to the competent government authority of the exporting Party; and (b) obtain the written consent of the exporter or producer.

Verification of Origin. 1. For the purposes purpose of determining whether a good imported into its territory one Party from the territory of the other Party qualifies as an originating good, the customs authority of the importing Party may conduct a verification process in sequence by means of: : (a) request requests for information relating to the origin of imported good from the importer; ; (b) written questionnaires or request for information requests 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 customs authority of the exporting Party as provided to verify the origin of the goods; (c) requests to the customs authority of the exporting Party for a verification visit to exporter or producer in paragraph 3 belowthe exporting Party; or or (d) verification visits to such other procedures as agreed upon by the premises of an exporter or a producer in the territory customs authorities 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 filesParties. 2. For the purpose purposes of subparagraphs 1(a) and subparagraph 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 customs 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), shall provide to 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 verification is sought; requested; (ii) the Declaration Certificate of OriginOrigin of the goods, or a copy thereof; and and (iii) any other information and or documents as may be necessary for such request; (b) the purpose of providing such assistance. 4. To the extent allowed by its domestic law and practices, the competent government customs authority of the exporting Party shall fully cooperate in any action provide the customs authority of the importing Party with verification results, to verify the origin as established under subparagraph 1(bextent possible including facts and findings, and relevant supporting documents made available by the exporter or producer, within six months from the date of the receipt of the request; and (c) and paragraph 3 above. In the absence customs authority of such cooperation, the importing Party shall determine notify the accuracy results of the information contained determination as to whether the good in question is originating or not to the Declaration customs authority of Origin with the best information available at that moment. 5exporting Party within three months from the date of the receipt of the results of the verification from the customs authority of the exporting Party. 3. For the purpose purposes of subparagraph 1(d1(c), if the competent government customs authority of the importing Party is not satisfied with the verification results provided by the customs authority of the exporting Party, the customs authority of the importing Party may, at the consent of the customs authority of the exporting Party, conduct verification visits to the premises of the exporter or producer in the exporting Party, under the escort of the customs authority of the exporting Party. (a) Before conducting a verification visit, the customs authority of the importing Party shall: (a) deliver, at least thirty (30) 30 days prior to conducting a the date of verification visit, deliver a written notification request to the customs authority of the exporting Party of its intention to conduct such verification visit. The customs authority of the exporting Party should decide whether to accept such request and reply to the customs authority of the importing Party within 30 days from the date of receipt of the request. (b) When the customs authority of the exporting Party agrees to the request of verification visit but needs to postpone the proposed verification visit, the customs authority of the importing Party shall be notified together with the approval of the verification visit. Such postponement shall not exceed 60 days from the proposed date of the verification visit. (c) In case the customs authority of the exporting Party agrees to such request, the customs authority of the importing Party can conduct verification visit to the exporter or producer and producer, in the company of customs officials of the exporting Party. (d) Prior to initiating the competent government verification visit, matters concerning the verification shall be mutually discussed between customs authorities of both Parties. In the course of verification visit, any request from the customs authority of the importing Party shall be made through the customs authority of the exporting Party; . (e) The customs authority of the importing Party shall notify the customs authority of the exporting Party of the determination on whether or not the good is originating and the result of verification visit, to the extent possible including legal basis and findings of fact in a written form. (f) The exporter or producer may submit comments or documents regarding eligibility of the good for preferential tariff treatment to the customs authority of the exporting Party in a written form. (g) The customs authority of the importing Party shall notify the final determination on whether or not the good is originating to the customs authority of the exporting Party and the importer in a written form within 30 days from the receipt of the comments or information provided from the customs authority of the exporting Party under subparagraph 3(f). (h) The verification visit process, from the actual visit to the final determination under subparagraph 3(g), shall be carried out within a maximum period of six months. (i) Details for the verification visit may be decided jointly by the customs authorities of both Parties in advance. 4. The customs authority of the importing Party may suspend provision of preferential tariff treatment while awaiting the results of the verification. However, it may release the good to the importer subject to any administrative measures deemed necessary, provided that they are not held to be subject to import prohibition or restriction and there is no suspicion of fraud. 5. The customs authority of the importing Party may deny preferential tariff treatment, in case where: (a) the importer fails to respond to the customs authority of the importing Party within one month from the date of receipt of the request under subparagraph 1(a); (b) obtain the written consent customs authority of the exporter exporting Party fails to provide verification results to the customs authority of the importing Party within six months under subparagraph 2(b); (c) the verification results provided to the customs authority of the importing Party or producerthe results of verification visit do not contain information necessary to confirm the authenticity of the origin status of the good in question; (d) the customs authority of the exporting Party denies the request of verification visit from the customs authority of the importing Party; or (e) the customs authority of the exporting Party fails to respond to the request of verification visit from the customs authority of the importing Party within 30 days under subparagraph 3(a). 6. Communications under this Article shall be in the English language.

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 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 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 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 action to verify the origin as established under subparagraph 1(b) and paragraph 3 above. In the absence of such cooperation, the importing Party shall determine the accuracy of the information contained in the Declaration of Origin with the best information available at that moment. . 5. For the purpose of subparagraph 1(d), the competent government authority of the importing Party shall: : (a) deliver, at least thirty (30) days prior to conducting a verification visit, a written notification of its intention to conduct the visit to the exporter or producer and to the competent government authority of the exporting Party; and and (b) obtain the written consent of the exporter or producer. 6. Pursuant to paragraph 5, the exporter or producer may within fifteen (15) days of receiving the notification, request to the competent government authority of the importing Party for a postponement of the proposed verification visit, for a period not exceeding sixty

Verification of Origin. 1. For the purposes purpose of determining whether a good imported into its territory one Party from the territory of the other Party qualifies as an originating good, the customs authority of the importing Party may conduct a verification process in sequence by means of: : (a) request requests for information relating to the origin of imported good from the importer; ; (b) written questionnaires or request for information requests 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 customs authority of the exporting Party as provided to verify the origin of the goods; (c) requests to the customs authority of the exporting Party for a verification visit to exporter or producer in paragraph 3 belowthe exporting Party; or or (d) verification visits to such other procedures as agreed upon by the premises of an exporter or a producer in the territory customs authorities 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 filesParties. 2. For the purpose purposes of subparagraphs 1(a) and subparagraph 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 customs 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), shall provide to 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 verification is sought; requested; (ii) the Declaration Certificate of OriginOrigin of the goods, or a copy thereof; and and (iii) any other information and or documents as may be necessary for such request; (b) the purpose of providing such assistance. 4. To the extent allowed by its domestic law and practices, the competent government customs authority of the exporting Party shall fully cooperate in any action provide the customs authority of the importing Party with verification results, to verify the origin as established under subparagraph 1(bextent possible including facts and findings, and relevant supporting documents made available by the exporter or producer, within six months from the date of the receipt of the request; and (c) and paragraph 3 above. In the absence customs authority of such cooperation, the importing Party shall determine notify the accuracy results of the information contained determination as to whether the good in question is originating or not to the Declaration customs authority of Origin with the best information available at that moment. 5exporting Party within three months from the date of the receipt of the results of the verification from the customs authority of the exporting Party. 3. For the purpose purposes of subparagraph 1(d1(c), if the competent government customs authority of the importing Party is not satisfied with the verification results provided by the customs authority of the exporting Party, the customs authority of the importing Party may, at the consent of the customs authority of the exporting Party, conduct verification visits to the premises of the exporter or producer in the exporting Party, under the escort of the customs authority of the exporting Party. (a) Before conducting a verification visit, the customs authority of the importing Party shall: (a) deliver, at least thirty (30) 30 days prior to conducting a the date of verification visit, deliver a written notification request to the customs authority of the exporting Party of its intention to conduct such verification visit. The customs authority of the exporting Party should decide whether to accept such request and reply to the customs authority of the importing Party within 30 days from the date of receipt of the request. (b) When the customs authority of the exporting Party agrees to the request of verification visit but needs to postpone the proposed verification visit, the customs authority of the importing Party shall be notified together with the approval of the verification visit. Such postponement shall not exceed 60 days from the proposed date of the verification visit. (c) In case the customs authority of the exporting Party agrees to such request, the customs authority of the importing Party can conduct verification visit to the exporter or producer and producer, in the company of customs officials of the exporting Party. (d) Prior to initiating the competent government verification visit, matters concerning the verification shall be mutually discussed between customs authorities of both Parties. In the course of verification visit, any request from the customs authority of the importing Party shall be made through the customs authority of the exporting Party; . (e) The customs authority of the importing Party shall notify the customs authority of the exporting Party of the determination on whether or not the good is originating and the result of verification visit, to the extent possible including legal basis and findings of fact in a written form. (f) The exporter or producer may submit comments or documents regarding eligibility of the good for preferential tariff treatment to the customs authority of the exporting Party in a written form. (g) The customs authority of the importing Party shall notify the final determination on whether or not the good is originating to the customs authority of the exporting Party and the importer in a written form within 30 days from the receipt of the comments or information provided from the customs authority of the exporting Party under subparagraph 3(f). (h) The verification visit process, from the actual visit to the final determination under subparagraph 3(g), shall be carried out within a maximum period of six months. (i) Details for the verification visit may be decided jointly by the customs authorities of both Parties in advance. 4. The customs authority of the importing Party may suspend provision of preferential tariff treatment while awaiting the results of the verification. However, it may release the good to the importer subject to any administrative measures deemed necessary, provided that they are not held to be subject to import prohibition or restriction and there is no suspicion of fraud. 5. The customs authority of the importing Party may deny preferential tariff treatment, in case where: (a) the importer fails to respond to the customs authority of the importing Party within one month from the date of receipt of the request under subparagraph 1(a); (b) obtain the written consent customs authority of the exporter exporting Party fails to provide verification results to the customs authority of the importing Party within six months under subparagraph 2(b); (c) the verification results provided to the customs authority of the importing Party or producerthe results of verification visit do not contain information necessary to confirm the authenticity of the origin status of the good in question; (d) the customs authority of the exporting Party denies the request of verification visit from the customs authority of the importing Party; or (e) the customs authority of the exporting Party fails to respond to the request of verification visit from the customs authority of the importing Party within 30 days under subparagraph 3(a). 6. Communications under this Article shall be in the English language.

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 requests for information from the importer; ; (b) written questionnaires or request requests for information to the exporter or producer of the good(s) in the territory of the other Party Party, through the competent government authority of the exporting Party; , who shall notify the exporter or producer within 5 days upon receipt of such requests; (c) request requests for assistance from the competent government authority of the exporting Party as provided for in paragraph 3 below; or 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 purposes 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) 30 days from the date on which it was received; ; (b) may have one opportunity, during before the expiration of 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) 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 preferential treatment to the preferential tariff treatmentgood that is subject to verification. 3. For the purpose purposes of subparagraph 1(c), the customs administration authority of the importing Party: : (a) may request the assistance of the competent government authority of the exporting Party to assist it in verifying: (i) : i. whether the goods declared in the Declaration Certification of Origin qualify as originating goods; and/or (and/or ii) . the accuracy of any information contained in the Declaration Certification of Origin; ; (b) shall provide the competent government authority of the other Party with: (i) : i. the reasons why such assistance is sought; (; ii) . the Declaration Certification of Origin, or a copy thereof; and (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 action to verify the origin as established under subparagraph 1(b) and paragraph 3 above. In the absence of such cooperation, the importing Party shall determine the accuracy of the information contained in the Declaration Certification of Origin with the best information available at that moment. . 5. For the purpose purposes of subparagraph 1(d), the competent government authority of the importing Party shall: : (a) deliver, at least thirty (30) 30 days prior to conducting a verification visit, a written notification of its intention to conduct the visit to the exporter or producer and to the competent government authority of the exporting Party; and and (b) obtain the written consent of the exporter or producer. 6. Pursuant to paragraph 5, the exporter or producer may within 15 days of receiving the notification, request to the competent government authority of the importing Party for a postponement of the proposed verification visit, for a period not exceeding 60 days. This extension shall be notified to the competent authorities of the importing and exporting Parties. 7. A Party shall not deny preferential tariff treatment to a good solely because a verification visit was postponed pursuant to paragraph 6. 8. In the case where an exporter or producer does not give its written consent to a proposed verification visit within 30 days from the receipt of notification, the importing Party may deny preferential treatment to the good that is subject to verification. 9. After concluding the actions related to subparagraphs 1(a), (b), (c) or (d), and no later than 15 days after the outcome of the actions taken, the competent government authority of the importing Party shall provide a written determination of whether the good is originating and therefore eligible for preferential tariff treatment based on the relevant law and findings of fact. In respect of subparagraphs 1(a), (b), (c) or (d), the maximum time to be taken from the start of the verification to its conclusion should preferably not exceed 150 days. 10. When the customs authority, at time of importation of the goods in the customs territory of one of the Parties, is certain or has a reasonable doubt that the goods do not comply with the provisions under Chapter 3 (Rules of Origin) or the requirements under Annex 4.1 (Data Elements to be Included in the Certification of Origin), it can deny the preferential tariff treatment for such goods, upon notification to the importer by the established means. In such case, the importer can apply the actions and time frames provided by the domestic laws, including customs clearance upon security. Once the customs authority is satisfied that the goods comply with the provisions under Chapter 3 (Rules of Origin) or the requirements under Annex 4.1 (Data Elements to be Included in the Certification of Origin), the security or duties paid shall be refunded. 11. The importing Party may deny preferential treatment to an importer on any subsequent import of a good when its competent government authority had already determined that an identical good was not eligible for that treatment, provided that such good is exported by the same exporter or produced by the same producer subject to verification, until the importing Party determines that the importer, exporter, or producer is in compliance with this Chapter.

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 requests for information from the importer; (b) written questionnaires or request requests for information to the exporter or producer of the good(s) in the territory of the other Party Party, through the competent government authority of the exporting Party, who shall notify the exporter or producer within 5 days upon receipt of such requests; (c) request requests 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 purposes 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) 30 days from the date on which it was received; (b) may have one opportunity, during before the expiration of 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) 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 preferential treatment to the preferential tariff treatment. good that is subject to verification. 3. For the purpose purposes of subparagraph 1(c), the customs administration authority of the importing Party: (a) may request the assistance of the competent government authority of the exporting Party to assist it in verifying: (i) i. whether the goods declared in the Declaration Certification of Origin qualify as originating goods; and/or (ii) . the accuracy of any information contained in the Declaration Certification of Origin; (b) shall provide the competent government authority of the other Party with: (i) i. the reasons why such assistance is sought; (ii) . the Declaration Certification 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 action to verify the origin as established under subparagraph 1(b) and paragraph 3 above. In the absence of such cooperation, the importing Party shall determine the accuracy of the information contained in the Declaration Certification of Origin with the best information available at that moment. 5. For the purpose purposes of subparagraph 1(d), the competent government authority of the importing Party shall: (a) deliver, at least thirty (30) 30 days prior to conducting a verification visit, a written notification of its intention to conduct the visit to the exporter or producer and to the competent government authority of the exporting Party; and (b) obtain the written consent of the exporter or producer.