Origin Procedures Clause Samples

Origin Procedures. 1. For the purposes of this chapter, the following shall be considered as evidence of origin to certify that the goods qualify as originating in accordance with the provisions of this chapter: (a) A certificate of origin as referred to in article 3.16; or (b) A declaration of origin as referred to in article 3.17. 2. Proofs of origin referred to in paragraph 1 shall be valid for one (1) year from the date of its issuance. 1. To qualify for preferential tariff treatment goods originating at the time of importation, the importer must be in possession of a valid certificate of origin issued on the basis of the format as set out in annex 3.16 and provide a copy to the customs authority of the importing Party if it so requires. 2. The exporter of the goods shall complete and submit a certificate of origin to the authorized entity, which shall be responsible for its issuance before or at the time of the date of shipment of the goods, as well as in the cases referred to in paragraph 6. 3. The certificate of origin shall cover one or more goods of a single shipment. 4. The exporter of goods that the requests a certificate of origin shall submit all appropriate documents proving the originating status of the goods in question, as may be required by the Entity Authorized. furthermore, the exporter must commit to meet the other requirements applicable in this chapter. 5. In the event of the theft, loss or destruction of a certificate of origin, the exporter may apply in writing to the authorized body which issued a certified copy of the original certificate of origin, which shall be based on the export invoice or any other evidence that had served as the basis for the original certificate of origin, in possession of the exporter. The duplicate issued in accordance with this paragraph shall take the comments the phrase "certified true copy of the original certificate of origin number..... dated " so that The period of validity is counted from the date indicated. 6. Notwithstanding paragraph 2, a certificate of origin may exceptionally be issued after the date of the goods, provided that: (a) Was not issued before or at the time of shipment involuntary due to errors or omissions or other circumstances that may be deemed justified, provided that no more than one (1) year since the exportation and exporter re-delivered commercial all necessary documents, as well as the export declaration endorsed by the customs authority of the exporting Party; or (b) It is demonstrated ...

Origin Procedures o The certificate of origin may be issued by the exporter, producer or importer. o The format of the certificate is eliminated, and certification is allowed on the invoice or on any commercial document, provided that minimum information is declared. o In the event that importers fail to comply with the stipulations regarding the origin of the goods, each country will determine whether to apply a civil, criminal or administrative sanction. Intellectual Property: o Strengthen the system of protection of geographical indications. o Disciplines are foreseen for well-known trademarks. o The authorities may detain goods suspected of being counterfeited at any entry or exit to the country. o Implementation of measures against counterfeit goods and piracy on a commercial scale. Trade Remedies: o Safeguards: an exclusion for partners subject to certain conditions (not being in the first 5 exporters) from the overall safeguard measures is maintained. o Anti-dumping and subsidies: WTO rights are recognized in these areas. Additional rules were agreed to promote transparency. o Combating circumvention: a cooperation mechanism is established to prevent the evasion of countervailing, anti-dumping and safeguard duties. o Binational Panels: the mechanism of Chapter XIX of NAFTA is maintained. Source:

Origin Procedures. ● The current certificate of origin format has been eliminated, and a self-certification mechanism is provided through either an invoice declaration, or any other commercial document, provided that it includes the minimal data required. ● The Parties shall allow a certification of origin to be submitted in an electronic manner and shall accept the certification of origin with an electronic or digital signature. ● Besides the exporter, the producer and importer may certify the origin of the goods; however, the importer shall comply with specific requirements that would be regulated by each Party. In the case of Mexico, a transition period is foreseen for importers to implement it. ● The customs authorities of the importing country may choose either to conduct the origin verifications directly to the importer in its own country, or to whomever certified the origin of the goods in another Country, in terms of the Agreement. ● Each country shall provide, through its local regulations, the application of civil, criminal or administrative penalties, to the local importer who violates a regulation on origin procedures provided in the Agreement.

Origin Procedures. Section B of the Chapter sets out certain procedures which each Party must apply. These are summarised below. Each Party must allow an importer to make a claim for preferential tariff treatment based on a ‘certification of origin’ which may be completed by the exporter, producer or importer (Article 3.20). There are rules that set out the information on which certification may be based, which depend on whether the certification is completed by the exporter, producer or importer (Article 3.21). Also, Annex B sets out certain elements that must be included in a certification of origin.

Origin Procedures o The certificate of origin may be issued by the exporter, producer, or importer. o The format of the certificate is eliminated, and certification is permitted on the invoice or any commercial document, provided that minimum information is declared. o If importers fail to comply with the stipulations regarding the origin of the goods, each country will determine whether to apply a civil, criminal, or administrative sanction. Intellectual Property: o Strengthen the system of protection of geographical indications. o Disciplines are foreseen for well-known trademarks. o The authorities may detain goods suspected of being counterfeited at any entry or exit to the country. o Implementation of measures against counterfeit goods and piracy on a commercial scale. o For biotechnology companies, the Protocol of Amendment establishes: ▪ The provision requiring Parties to provide at least 10 years of exclusivity for biologicals was deleted. ▪ The provision requiring parties to confirm that patents would be available for new uses of known products was deleted. ▪ The provision requiring three additional years of exclusivity for clinical information was deleted. Commercial Remedies: o Safeguards: an exclusion for partners subject to certain conditions (not being in the first 5 exporters) from the overall safeguard measures is maintained. o Anti-dumping and subsidies: WTO rights are recognized in these areas. Additional rules were agreed to promote transparency. o Combating circumvention: a cooperation mechanism is established to prevent the evasion of countervailing, anti-dumping and safeguard duties. o Binational Panels: the mechanism of Chapter XIX of NAFTA is maintained. Sources:

Origin Procedures