Common use of Origin Verification Clause in Contracts

Origin Verification. 1. For the purpose of ensuring the proper application of this Protocol, the Parties shall assist each other, through their customs authorities, in verifying whether products are originating and ensuring the accuracy of claims for preferential tariff treatment. 2. A Party's request for an origin verification concerning whether a product is originating or whether all other requirements of this Protocol are fulfilled shall be: (a) based on risk assessment methods applied by the customs authority of the Party of import, which may include random selection; or (b) made when the Party of import has reasonable doubts about whether the product is originating or whether all other requirements of this Protocol have been fulfilled. 3. The customs authority of the Party of import may verify whether a product is originating by requesting, in writing, that the customs authority of the Party of export conduct a verification concerning whether a product is originating. When requesting a verification, the customs authority of the Party of import shall provide the customs authority of the Party of export with: (a) the identity of the customs authority issuing the request; (b) the name of the exporter or producer to be verified; (c) the subject and scope of the verification; and (d) a copy of the origin declaration and, where applicable, any other relevant documentation. 4. When appropriate, the customs authority of the Party of import may request, pursuant to paragraph 3, specific documentation and information from the customs authority of the Party of export. 5. A request made by the customs authority of the Party of import pursuant to paragraph 3 shall be provided to the customs authority of the Party of export by certified or registered mail or any other method that produces a confirmation of receipt by that customs authority. 6. The customs authority of the Party of export shall proceed to the origin verification. For this purpose, the customs authority may, in accordance with its laws, request documentation, call for any evidence, or visit the premises of an exporter or a producer to review the records referred to in Article 25 and observe the facilities used in the production of the product. 7. If an exporter has based an origin declaration on a written statement from the producer or supplier, the exporter may arrange for the producer or supplier to provide documentation or information directly to the customs authority of the Party of export upon that Party's request. 8. As soon as possible and in any event within 12 months after receiving the request referred to in paragraph 4, the customs authority of the Party of export shall complete a verification of whether the product is originating and fulfils the other requirements of this Protocol, and shall: (a) provide to the customs authority of the Party of import, by certified or registered mail or any other method that produces a confirmation of receipt by that customs authority, a written report in order for it to determine whether the product is originating or not, and that contains: (i) the results of the verification; (ii) the description of the product subject to verification and the tariff classification relevant to the application of the rule of origin; (iii) a description and explanation of the production sufficient to support the rationale concerning the originating status of the product; (iv) information on the manner in which the verification was conducted; and (v) where appropriate, supporting documentation; and (b) subject to its laws, notify the exporter of its decision concerning whether the product is originating. 9. The period of time referred to in paragraph 8 may be extended by mutual consent of the customs authorities concerned. 10. Pending the results of an origin verification conducted pursuant to paragraph 8, or consultations under paragraph 13, the customs authority of the Party of import, subject to any precautionary measures it deems necessary, shall offer to release the product to the importer. 11. If the result of an origin verification has not been provided in accordance with paragraph 8, the customs authority of the importing Party may deny preferential tariff treatment to a product if it has reasonable doubt or when it is unable to determine whether the product is originating. 12. If there are differences in relation to the verification procedures of this Article or in the interpretation of the rules of origin in determining whether a product qualifies as originating, and these differences cannot be resolved through consultations between the customs authority requesting the verification and the customs authority responsible for performing the verification, and if the customs authority of the importing Party intends to make a determination of origin that is inconsistent with the written report provided under paragraph 8(a) by the customs authority of the exporting Party, the importing Party shall notify the exporting Party within 60 days of receiving the written report. 13. At the request of either Party, the Parties shall hold and conclude consultations within 90 days from the date of the notification referred to in paragraph 12 to resolve those differences. The period of time for concluding consultations may be extended on a case by case basis by mutual written consent between the Parties. The customs authority of the importing Party may make its determination of origin after the conclusion of these consultations. The Parties may also seek to resolve those differences within the Joint Customs Cooperation Committee referred to in Article 34. 14. In all cases, the settlement of differences between the importer and the customs authority of the Party of import shall be under the law of the Party of import. 15. This Protocol does not prevent a customs authority of a Party from issuing a determination of origin or an advance ruling relating to any matter under consideration by the Joint Customs Cooperation Committee or the Committee on Trade in Goods established under Article 26.2(a) (Specialised Committees) or from taking any other action that it considers necessary, pending a resolution of the matter under this Agreement.

Origin Verification. 1. For the purpose of ensuring the proper application of this ProtocolChapter, the Parties shall assist each other, through their customs authorities, in verifying whether products are a product is originating and ensuring the accuracy of claims a claim for preferential tariff treatment. 2. A Party's The Parties shall ensure that a request for an origin verification concerning whether a product is originating or whether all other requirements of this Protocol Chapter are fulfilled shall beis: (a) based on risk assessment methods applied by the customs authority of the Party of import, which may include random selection; or (b) made when the Party of import has reasonable doubts about whether the product is originating or whether all other requirements of this Protocol have been fulfilleddoubts. 3. The customs authority of the Party of import may verify whether a product is originating by requesting, in writing, that the customs authority of the Party of export conduct a verification concerning whether a product is originating. When requesting a verification, the customs authority of the Party of import shall provide the customs authority of the Party of export with: (a) the identity of the customs authority issuing the request; (b) the name of the exporter or producer to be verified; (c) the subject and scope of the verification; and (d) a copy of the origin declaration and, where applicable, applicable any other relevant documentation. 4. When If appropriate, the customs authority of the Party of import may request, pursuant to paragraph 3, specific documentation and information from the customs authority of the Party of export. 5. A request made by the customs authority of the Party of import pursuant to paragraph 3 shall be provided to the customs authority of the Party of export by certified or registered mail or any other method that produces a confirmation of receipt by that customs authority. 6. The origin verification shall be carried out by the customs authority of the Party of export shall proceed to the origin verificationexport. For this purpose, the customs authority may, in accordance with its lawslegislation, request documentation, call for any evidence, or visit the premises of an exporter or a producer to review the records referred to in Article 25 3.22 and observe the facilities used in the production of the product. 7. If an exporter has based an origin declaration on a written statement from the producer or supplier, the exporter may arrange for the producer or supplier to provide documentation or information directly to the customs authority of the Party of export upon that Party's request. 8. As soon as possible and in any event within 12 months after receiving the request referred to in paragraph 43, the customs authority of the Party of export shall complete a verification of whether the product is originating originating, and fulfils the other requirements of this ProtocolChapter, and shall: (a) provide to the customs authority of the Party of import, by certified or registered mail or any other method that produces a confirmation of receipt by that customs authority, a written report in order for it to determine whether the product is originating or not, and not that contains: (i) the results result of the verification;, (ii) the description of the product subject to verification and the tariff classification relevant to the application of the rule of origin;, (iii) a description and explanation of the production sufficient to support the rationale concerning the originating status of the product;, (iv) information on the manner in which the verification was conducted; , and (v) where if appropriate, supporting documentation; and (b) subject to its lawslegislation, notify the exporter of its decision concerning whether the product is originating. 9. The period of time referred to in paragraph 8 may be extended by mutual consent of the customs authorities concerned. 10. Pending the results of an origin verification conducted pursuant to paragraph 8, or consultations under paragraph 13, the customs authority of the Party of import, subject to any precautionary measures it deems necessary, shall offer to release the product to the importer. 11. If the result of an origin verification Where a written report has not been provided in accordance with paragraph 8sub‑paragraph 8(a), or where the customs authority of the importing Party of import is unable to arrive at a conclusion as to whether a product is originating, that customs authority may deny preferential tariff treatment to a product if it has reasonable doubt or when it is unable to determine whether the product is originatingproduct. 12. If there are differences in relation to the verification procedures procedure of this Article or in the interpretation of the rules of origin in determining whether a product qualifies as originating, and these differences cannot be resolved through consultations between the customs authority requesting the verification and the customs authority responsible for performing the verification, and if the customs authority of the importing Party intends to make a determination of origin that is inconsistent with the written report provided under paragraph 8(a) by the customs authority of the exporting Party, the importing Party shall notify the exporting Party within 60 days of receiving the written report. 13. At the request of either Party, the Parties shall hold and conclude consultations within 90 days from the date of the notification referred to in paragraph 12 to resolve those differences. The period of time for concluding consultations may be extended on a case by case basis by mutual written consent between the Parties. The customs authority of the importing Party may make its determination of origin after the conclusion of these consultations. The Parties may also seek are encouraged to resolve those differences within the Joint Customs Cooperation Committee referred to in Article 34Subcommittee on Origin Procedures. 14. In all cases, the settlement of differences between the importer and the customs authority of the Party of import shall be under the law of the Party of import. 1513. This Protocol Chapter does not prevent a customs authority of a Party from issuing a determination of origin or an advance ruling relating to any matter under consideration by the Joint Customs Cooperation Committee Subcommittee on Origin Procedures, or the Committee on Trade in Goods established under Article 26.2(a) (Specialised Committees) and Rules of Origin or from taking any other action that it considers necessary, pending a resolution of the matter under this Agreement.