Page 51 - Regional Comprehensive Economic Partnership (RCEP)
P. 51

Article 3.24: Verification          exporting Party and state the proposed date and location
 6
                                     for the visit and its specific purpose.
 1.   For the purposes of determining whether a good imported into one
 Party from another Party qualifies as an originating good under   3.   On  request  of  the  importing  Party,  a  verification  visit  to  the
 this Chapter, the competent authority of the importing Party may   premises of the exporter or producer may be conducted with the
 conduct a verification process by means of:   consent and assistance of the exporting Party, according to the
                              procedures  agreed  between  the  importing  Party  and  exporting
 (a)   a  written  request  for  additional  information  from  the   Party.
 importer;
                       4.     For  a  verification  under  subparagraphs  1(a)  through  (d),  the
 (b)   a  written  request  for  additional  information  from  the   importing Party shall:
 exporter or producer;
                              (a)    allow the importer, exporter, producer, or the issuing body
 (c)   a written request for additional information to the issuing   or competent authority of the exporting Party between 30
 body or competent authority of the exporting Party;   and 90 days from the date of receipt of the written request
                                     for  information  under  subparagraphs  1(a)  through  (c)  to
 (d)   a  verification  visit  to  the  premises  of  the  exporter  or   respond;
 producer in the exporting Party to observe the facilities and
 the  production  processes  of  the  good  and  to  review  the   (b)   allow the exporter, producer, or the competent authority to
 records referring to origin, including accounting files;  or   consent or refuse the request within 30 days of the date of
 7
                                     its receipt of the written request for a verification visit under
 (e)   any other procedures to which the concerned Parties may   subparagraph 1(d); and
 agree.
                              (c)    endeavour to make a determination following a verification
 2.   The importing Party shall:     within  90  and  180  days  of  the  date  of  its  receipt  of  the
                                     information necessary to make the determination.
 (a)   for  the  purposes  of  subparagraph  1(b),  send  a  written
 request with a copy of the Proof of Origin and the reasons   5.   For the purposes of paragraph 1, the importing Party shall provide
 for the request to the exporter or producer of the good, and   a written notification of the result of verification with the reasons
 the competent authority of the exporting Party;   for that result to the importer, exporter, or producer of the good,
                              or the issuing body or competent authority of the exporting Party
 (b)   for  the  purposes  of  subparagraph  1(c),  send  a  written   that received the verification request.
 request with a copy of the Proof of Origin and the reasons
 for the request to the issuing body or competent authority   6.   The customs authority of the importing Party may suspend the
 of the exporting Party; and   application  of  preferential  tariff  treatment  while  waiting  for  the
                              result of verification.  The importing Party shall permit the release
 (c)   for the purposes of subparagraph 1(d), request the written   of  the  good,  but  may  require  that  such  release  be  subject  to
 consent of the exporter or producer whose premises are   lodgment of a security in accordance with its laws and regulations.
 going  to  be  visited,  and  the  competent  authority  of  the

                       Article 3.25: Denial of Preferential Tariff Treatment
 6   For  the  purposes  of  this  Article,  a  Party  may  designate  one  of  its  contact  points
 designated pursuant to Article 3.33 (Contact Points) as a single contact point for the   1.   The  customs  authority  of  the  importing  Party  may  deny
 verification of its exported goods with a view to facilitating the verification.   preferential tariff treatment where:

 7  A verification visit under this subparagraph shall only be undertaken after a verification
 process in accordance with subparagraph (c) has been conducted.   (a)   the good does not meet the requirements of this Chapter;




 3-22                                                      3-23
   46   47   48   49   50   51   52   53   54   55   56