Common use of Verification Visit Clause in Contracts

Verification Visit. 1. If the customs authority of the importing Party is notsatisfied with the outcome of the request for checkingpursuant to Article 43, it may request the exporting Party: (a) to collect and provide information relating tothe origin of the good and check, for thatpurpose, the facilities used in the production ofthe good, through a visit by the competentgovernmental authority of the exporting Partyalong with the customs authority of the importingParty, which may be accompanied by othergovernment officials with necessary expertise ofthe importing Party, to the premises of theexporter to whom the certificate of origin hasbeen issued, or the producer of the good in theexporting Party referred to in subparagraph 7(b)of Article 41; and (b) during or after the visit, to provide informationrelating to the origin of the good in thepossession of the competent governmentalauthority of the exporting Party or itsdesignees. 2. When requesting the exporting Party to conduct a visitpursuant to paragraph 1 or 6, the customs authority of theimporting Party shall deliver a written communication withsuch request to the exporting Party at least 40 days inadvance of the proposed date of the visit, the receipt ofwhich is to be confirmed by the exporting Party. The competent governmental authority of the exporting Partyshall request the written consent of the exporter, or theproducer of the good in the exporting Party, whose premisesare to be visited. 3. The communication referred to in paragraph 2 shallinclude: (a) the identity of the customs authority of theimporting Party issuing the communication; (b) the name of the exporter, or the producer of thegood in the exporting Party, whose premises arerequested to be visited; (c) the proposed date and place of the visit; (d) the objective and scope of the proposed visit,including specific reference to the good subjectof the verification referred to in the certificate of origin; and (e) the names and titles of the officials of the customs authority and other government officialswith necessary expertise of the importing Partyto be present during the visit. 4. The exporting Party shall respond in writing to theimporting Party, within 30 days of the receipt of thecommunication referred to in paragraph 2, if it accepts orrefuses to conduct the visit requested pursuant toparagraph 1 or 6. 5. The competent governmental authority of the exportingParty shall, in accordance with the laws and regulations ofthe Party, provide within 45 days or any other mutuallyagreed period from the last day of the visit, to thecustoms authority of the importing Party the informationobtained pursuant to paragraph 1 or 6. 6. (a) In cases where the customs authority of the importing Party considers as exceptional, thatcustoms authority may, before or during therequest for checking referred to in Article 43,put forward the exporting Party a requestreferred to in paragraph 1. (b) Where the request referred to in subparagraph (a)is made, Article 43 shall not be applied.

Verification Visit. 1. If the customs authorities of the importing Party are not satisfied with the outcome of the verification referred to in Article 4.33 (Verification of Origin), they may, under exceptional circumstances, request verification visits to the exporting Party to review the records referred to in Article 4.26 (Record-Keeping Requirements) or observe the facilities used in the production of the goods. 2. Prior to conducting a verification visit pursuant to paragraph 1, the customs authorities of the importing Party shall provide a written notification of their intention to conduct the verification visit to the verification authority of the Party in the territory of which the verification visit is to occur. A copy of the verification visit request shall also be transmitted electronically from the customs authority of the importing Party is notsatisfied with to the outcome of the request for checkingpursuant to Article 43, it may request the exporting Party: (a) to collect and provide information relating tothe origin of the good and check, for thatpurpose, the facilities used in the production ofthe good, through a visit by the competentgovernmental verification authority of the exporting Partyalong with Party. 3. The written notification referred to in paragraph 2 shall be as comprehensive as possible and shall include, inter alia: (a) the name of the customs authority of the importingParty, which may be accompanied by othergovernment officials with necessary expertise ofthe importing Party, to the premises of theexporter to whom the certificate of origin hasbeen issued, or the producer of the good in theexporting Party referred to in subparagraph 7(b)of Article 41; and (b) during or after the visit, to provide informationrelating to the origin of the good in thepossession of the competent governmentalauthority of the exporting Party or itsdesignees. 2. When requesting the exporting Party to conduct a visitpursuant to paragraph 1 or 6, the customs authority of theimporting Party shall deliver a written communication withsuch request to the exporting Party at least 40 days inadvance of the proposed date of the visit, the receipt ofwhich is to be confirmed by the exporting Party. The competent governmental authority of the exporting Partyshall request the written consent of the exporter, or theproducer of the good in the exporting Party, whose premisesare to be visited. 3. The communication referred to in paragraph 2 shallinclude: (a) the identity of the customs authority of theimporting Party issuing the communication; notification; (b) the name names of the exporter, producer or exporter of the producer of thegood in the exporting Party, goods whose premises arerequested are to be visited; ; (c) the proposed date and place of the verification visit; ; (d) the objective and scope coverage of the proposed verification visit,, including specific reference to the good subjectof goods subject to the verification referred and to in the certificate of doubts regarding their origin; and and (e) the names and titles designation of the officials performing the verification visit. 4. The verification authority of the exporting Party shall send the verification request to the producer or exporter of the goods whose premises are to be visited and transfer its written consent to the customs authority and other government officialswith necessary expertise authorities of the importing Partyto be present during Party within sixty (60) days from the visitdate of dispatch of the notification pursuant to paragraph 2. 5. 4. The Where a written consent from the verification authority of the exporting Party is not obtained within sixty (60) days from the date of dispatch of the notification pursuant to paragraph 2 or the customs authorities of the importing Party receive a refusal to conduct the verification visit, the customs authorities of the importing Party shall respond deny preferential tariff treatment to the goods referred to in writing the Certificate(s) of Origin that would have been subject to theimporting Party, the verification visit. 6. Any verification visit shall be launched within 30 sixty (60) days from the date of the receipt of thecommunication referred to in paragraph 2, if it accepts orrefuses to conduct the visit requested pursuant toparagraph 1 or 6. 5written consent and finished within a reasonable period of time. 7. The competent governmental customs authority conducting the verification visit shall, within a maximum period of ninety (90) days from the first day the verification visit was conducted, provide the producer or exporter of the goods, whose goods and premises are subject to such verification, and the verification authority of the exportingParty shall, in accordance exporting Party with the laws and regulations ofthe Party, provide within 45 days or any other mutuallyagreed period from the last day a written determination of the outcomes of the verification visit. 8. The verification visit, including the visit itself, and the determination of whether the goods concerned are either originating or not, shall be carried out and its results shall be sent to thecustoms the verification authority of the importing exporting Party within a maximum of two hundred and ten (210) days. Before the informationobtained pursuant to results of the verification visit are available, paragraph 1 or 6. 63 of Article 4.27 (Granting Preferential Tariff Treatment) may be applied. (a) In cases where 9. Any suspended or denied preferential tariff treatment shall be reinstated upon the written determination that the goods qualify as originating and the origin criteria under this Agreement are fulfilled. 10. The verification team must be formed by the central customs authority of the importing Party considers as exceptional, thatcustoms in accordance with the importing Party’s laws and regulations. 11. The verification authority may, before or during therequest for checking referred to in Article 43,put forward the authorised body of the exporting Party a requestreferred shall facilitate the verification visit conducted by the customs authorities of the importing Party. 12. The producer or exporter of the goods who has given consent for the verification visit shall assist in its implementation and provide access to the premises, financial (accounting) and production documents related to the subject of the verification visit and shall provide any additional information or documents, if so requested. 13. If there are obstacles by the authorities or entities of the exporting Party during the verification visit, which result in paragraph 1the absence of possibility to conduct the verification visit, the importing Party has the right to deny preferential tariff treatment to the goods concerned. 14. (b) Where All costs relating to the request referred to in subparagraph (a)is made, Article 43 conduct of the verification visit shall not be appliedborne by the importing Party.

Verification Visit. 1. If the customs authority of the importing Party is notsatisfied not satisfied with the outcome outcomes of the request for checkingpursuant to Article 43, it may request the exporting Party: (a) to collect and provide information relating tothe origin of the good and check, for thatpurpose, the facilities used in the production ofthe good, through a visit by the competentgovernmental authority of the exporting Partyalong with the customs authority of the importingParty, which may be accompanied by othergovernment officials with necessary expertise ofthe importing Party, to the premises of theexporter to whom the certificate of origin hasbeen issued, or the producer of the good in theexporting Party referred to in subparagraph 7(b)of Article 41; and (b) during or after the visit, to provide informationrelating to the origin of the good in thepossession of the competent governmentalauthority of the exporting Party or itsdesignees. 2. When requesting the exporting Party to conduct a visitpursuant to paragraph 1 or 6, the customs authority of theimporting Party shall deliver a written communication withsuch request to the exporting Party at least 40 days inadvance of the proposed date of the visit, the receipt ofwhich is to be confirmed by the exporting Party. The competent governmental authority of the exporting Partyshall request the written consent of the exporter, or theproducer of the good in the exporting Party, whose premisesare to be visited. 3. The communication referred to in paragraph 2 shallinclude: (a) the identity of the customs authority of theimporting Party issuing the communication; (b) the name of the exporter, or the producer of thegood in the exporting Party, whose premises arerequested to be visited; (c) the proposed date and place of the visit; (d) the objective and scope of the proposed visit,including specific reference to the good subjectof the verification referred to in Article 15 of these Rules, it may, under exceptional circumstances, request verification visit to the certificate exporting Party to review the records of origin; the verified person referred to in Articles 12 and 13 of these Rules and (eor) observe premises (territories) used in the names and titles manufacture of the officials goods. 2. Verification visit shall be carried out by the Verification Team consisting of the customs authority and other government officialswith necessary expertise representatives of the competent authorities of the importing Partyto be present during and the exporting Parties on the territory of the exporting Party in order to check whether the goods of the verified person and (or) conditions of their manufacture comply with the requirements of these Rules, by inspecting the location of the verified person and (or) premises (territories) used in the manufacture of the goods. For the purposes of this Article the verified person means an exporter and (or) producer of the goods of the exporting Party whose goods are subject of the verification visit. 4. The exporting Party shall respond in writing to theimporting Party, within 30 days For the purposes of this Article the subject of the receipt verification visit means the goods in respect of thecommunication referred to in paragraph 2, if it accepts orrefuses to conduct which the verification visit has been requested pursuant toparagraph 1 or 6and documentary proofs of origin have been issued. 5. The competent governmental authority of the exportingParty shall, Verification visit shall be conducted in accordance with the respective laws and regulations ofthe Party, provide within 45 days or any other mutuallyagreed period from the last day of the visit, to thecustoms authority of the importing Party the informationobtained pursuant to paragraph 1 or 6. 6exporting Party. (a) 3. In cases where order to conduct a verification visit the customs authority of the importing Party considers shall send a written request with its intention to conduct the verification visit (hereinafter referred to as exceptional“the request for verification visit”) to the verification authority of the exporting Party. 4. The request for verification visit shall be reasonable, thatcustoms as comprehensive as possible and shall include, inter alia: (a) name of the customs authority mayof the importing Party issuing the request; (b) name of the verified person; (c) subject of the proposed verification visit, before including reference to the goods and to the reasonable doubts regarding their origin; (d) preliminary information regarding the representatives of the competent authorities who will take part in the verification visit; (e) other additional information indicating the reasonable grounds to conduct the verification visit. 5. Verification authority of the exporting Party shall send written consent or during therequest refusal to conduct the verification visit within sixty (60) days from the date of dispatch of the request for checking verification visit. The exporting Party shall, within this deadline, obtain consent or refusal to conduct the verification visit from the verified person. The verified person shall be informed on the fact that the denial to conduct verification visit shall be considered as a due ground for the denial of the free trade regime by the customs authority of the importing Party to the goods in question. 6. Where a response referred to in paragraph 5 of this Article 43,put forward is not obtained within sixty (60) days from the date of dispatch of the request for verification visit pursuant to paragraph 3 of this Article or a refusal to conduct such verification visit is received, the importing Party issuing the request shall deny the free trade regime to the previously imported goods in respect of which the verification visit has been requested. 7. Any verification visit shall be launched within sixty (60) days from the date of the receipt of written consent and finished within a reasonable period of time, but no later than one hundred and fifty (150) days from the date of receipt of the written consent. 8. Competent authorities of the exporting and the importing Parties and the verified person shall provide an efficient cooperation required for the verification visit conducted by the Verification Team. If there are obstacles made by the verified person or other person of the inspected Party during the verification visit, which result in the absence of possibility to conduct the verification visit, the importing Party has the right to deny the free trade regime to the goods which are subject of the verification visit. This information shall be indicated in the report on the results of the verification visit. 9. During the verification visit the Verification Team has the right to request from the verified person any documents and information, including accounting data, related to the subject of the verification visit. 10. The results of the verification visit shall be documented in the English language in the form of a requestreferred report on the results of the verification request. Report on the results of the verification request shall contain at least the following information: − names of the competent authorities conducting the verification visit, including the names and positions of the Verification Team members; − name of the verified person; − information about goods which are subject of the verification visit; − dates of the verification visit; − grounds for the verification visit, including description of the initial doubts about the origin of the goods being verified, the requisites of the written consent to in paragraph 1conduct verification visit; − information about premises and (or) territories where the verification takes place; − where applicable, description of the actual production process of the verified goods; − outcomes (finding) of the verification visit that clearly indicate the compliance or non-compliance of the verified goods with the requirements of these Rules. 11. The Verification Team conducting the verification visit shall send to the verified person the report on the results of such verification not later than two hundred (b200) Where days from the date of the receipt of written consent. 12. The importing Party may temporary suspend the free trade regime to the goods similar to those which are subject of the verification visit from the date of dispatch of the request referred for verification visit till the obtaining of results of the verification visit (approval of report on the results of verification request). In case of such suspension the goods can be released without granting the free trade regime in accordance with the requirements of the importing Party’s respective laws and regulations. The free trade regime shall be granted in accordance with respective laws and regulations of the importing Party based on the results of verification visit, indicating that goods which are subject of verification visit meet the requirements of these Rules. For the purposes of this paragraph the similar goods are goods classified by the same code of Harmonized System and having the same description as those goods which are the subject of verification visit, manufactured by the same producer or sold by the same exporter as those goods which are the subject of the verification visit. 13. All costs of the Verification Team related to the participation of representatives of the importing Party in subparagraph (a)is made, Article 43 the verification visit shall not be appliedborne by the importing Party.

Verification Visit. 1. If the customs authority of the importing Party is notsatisfied not satisfied with the outcome outcomes of the request for checkingpursuant to Article 43, it may request the exporting Party: (a) to collect and provide information relating tothe origin of the good and check, for thatpurpose, the facilities used in the production ofthe good, through a visit by the competentgovernmental authority of the exporting Partyalong with the customs authority of the importingParty, which may be accompanied by othergovernment officials with necessary expertise ofthe importing Party, to the premises of theexporter to whom the certificate of origin hasbeen issued, or the producer of the good in theexporting Party referred to in subparagraph 7(b)of Article 41; and (b) during or after the visit, to provide informationrelating to the origin of the good in thepossession of the competent governmentalauthority of the exporting Party or itsdesignees. 2. When requesting the exporting Party to conduct a visitpursuant to paragraph 1 or 6, the customs authority of theimporting Party shall deliver a written communication withsuch request to the exporting Party at least 40 days inadvance of the proposed date of the visit, the receipt ofwhich is to be confirmed by the exporting Party. The competent governmental authority of the exporting Partyshall request the written consent of the exporter, or theproducer of the good in the exporting Party, whose premisesare to be visited. 3. The communication referred to in paragraph 2 shallinclude: (a) the identity of the customs authority of theimporting Party issuing the communication; (b) the name of the exporter, or the producer of thegood in the exporting Party, whose premises arerequested to be visited; (c) the proposed date and place of the visit; (d) the objective and scope of the proposed visit,including specific reference to the good subjectof the verification referred to in Article 15 of these Rules, it may, under exceptional circumstances, request verification visit to the certificate exporting Party to review the records of origin; the verified person referred to in Articles 12 and 13 of these Rules and (eor) observe premises (territories) used in the names and titles manufacture of the officials goods. 2. Verification visit shall be carried out by the Verification Team consisting of the customs authority and other government officialswith necessary expertise representatives of the competent authorities of the importing Partyto be present during and the exporting Parties on the territory of the exporting Party in order to check whether the goods of the verified person and (or) conditions of their manufacture comply with the requirements of these Rules, by inspecting the location of the verified person and (or) premises (territories) used in the manufacture of the goods. For the purposes of this Article the verified person means an exporter and (or) producer of the goods of the exporting Party whose goods are subject of the verification visit. 4. The exporting Party shall respond in writing to theimporting Party, within 30 days For the purposes of this Article the subject of the receipt verification visit means the goods in respect of thecommunication referred to in paragraph 2, if it accepts orrefuses to conduct which the verification visit has been requested pursuant toparagraph 1 or 6and documentary proofs of origin have been issued. 5. The competent governmental authority of the exportingParty shall, Verification visit shall be conducted in accordance with the respective laws and regulations ofthe Party, provide within 45 days or any other mutuallyagreed period from the last day of the visit, to thecustoms authority of the importing Party the informationobtained pursuant to paragraph 1 or 6. 6exporting Party. (a) 3. In cases where order to conduct a verification visit the customs authority of the importing Party considers shall send a written request with its intention to conduct the verification visit (hereinafter referred to as exceptional"the request for verification visit") to the verification authority of the exporting Party. 4. The request for verification visit shall be reasonable, thatcustoms as comprehensive as possible and shall include, inter alia: (a) name of the customs authority mayof the importing Party issuing the request; (b) name of the verified person; (c) subject of the proposed verification visit, before including reference to the goods and to the reasonable doubts regarding their origin; (d) preliminary information regarding the representatives of the competent authorities who will take part in the verification visit; (e) other additional information indicating the reasonable grounds to conduct the verification visit. 5. Verification authority of the exporting Party shall send written consent or during therequest refusal to conduct the verification visit within sixty (60) days from the date of dispatch of the request for checking verification visit. The exporting Party shall, within this deadline, obtain consent or refusal to conduct the verification visit from the verified person. The verified person shall be informed on the fact that the denial to conduct verification visit shall be considered as a due ground for the denial of the free trade regime by the customs authority of the importing Party to the goods in question. 6. Where a response referred to in paragraph 5 of this Article 43,put forward is not obtained within sixty (60) days from the date of dispatch of the request for verification visit pursuant to paragraph 3 of this Article or a refusal to conduct such verification visit is received, the importing Party issuing the request shall deny the free trade regime to the previously imported goods in respect of which the verification visit has been requested. 7. Any verification visit shall be launched within sixty (60) days from the date of the receipt of written consent and finished within a reasonable period of time, but no later than one hundred and fifty (150) days from the date of receipt of the written consent. 8. Competent authorities of the exporting and the importing Parties and the verified person shall provide an efficient cooperation required for the verification visit conducted by the Verification Team. If there are obstacles made by the verified person or other person of the inspected Party during the verification visit, which result in the absence of possibility to conduct the verification visit, the importing Party has the right to deny the free trade regime to the goods which are subject of the verification visit. This information shall be indicated in the report on the results of the verification visit. 9. During the verification visit the Verification Team has the right to request from the verified person any documents and information, including accounting data, related to the subject of the verification visit. 10. The results of the verification visit shall be documented in the English language in the form of a requestreferred report on the results of the verification request. Report on the results of the verification request shall contain at least the following information: - names of the competent authorities conducting the verification visit, including the names and positions of the Verification Team members; - name of the verified person; - information about goods which are subject of the verification visit; - dates of the verification visit; - grounds for the verification visit, including description of the initial doubts about the origin of the goods being verified, the requisites of the written consent to in paragraph 1conduct verification visit; - information about premises and (or) territories where the verification takes place; - where applicable, description of the actual production process of the verified goods; - outcomes (finding) of the verification visit that clearly indicate the compliance or non- compliance of the verified goods with the requirements of these Rules. 11. The Verification Team conducting the verification visit shall send to the verified person the report on the results of such verification not later than two hundred (b200) Where days from the date of the receipt of written consent. 12. The importing Party may temporary suspend the free trade regime to the goods similar to those which are subject of the verification visit from the date of dispatch of the request referred for verification visit till the obtaining of results of the verification visit (approval of report on the results of verification request). In case of such suspension the goods can be released without granting the free trade regime in accordance with the requirements of the importing Party's respective laws and regulations. The free trade regime shall be granted in accordance with respective laws and regulations of the importing Party based on the results of verification visit, indicating that goods which are subject of verification visit meet the requirements of these Rules. For the purposes of this paragraph the similar goods are goods classified by the same code of Harmonized System and having the same description as those goods which are the subject of verification visit, manufactured by the same producer or sold by the same exporter as those goods which are the subject of the verification visit. 13. All costs of the Verification Team related to the participation of representatives of the importing Party in subparagraph (a)is made, Article 43 the verification visit shall not be appliedborne by the importing Party.