Page 53 - Regional Comprehensive Economic Partnership (RCEP)

or (b) its importers retain, for at least a period of three years from
the date of importation of the good, or a longer period in
(b) the importer, exporter, or producer of the good fails or has accordance with its relevant laws and regulations, all
failed to comply with any of the relevant requirements of records necessary to prove that the good for which
this Chapter for obtaining preferential tariff treatment. preferential tariff treatment was claimed was originating.

2. If the customs authority of the importing Party denies a claim for 2. The records referred to in paragraph 1 may be maintained in any
preferential tariff treatment, it shall provide the decision in writing medium that allows for prompt retrieval, including in digital,
to the importer that includes the reasons for the decision. electronic, optical, magnetic, or written form, in accordance with
the Party’s laws and regulations.
3. The customs authority of the importing Party may determine that
a good does not qualify as an originating good and may deny
preferential tariff treatment where: Article 3.28: Consultations

(a) the customs authority of the importing Party has not The Parties shall consult when necessary to ensure that this Chapter is
received sufficient information to determine that the good administered effectively, uniformly, and consistently in order to achieve
is originating; the spirit and objectives of this Agreement.

(b) the exporter, producer, or the competent authority of the
exporting Party fails to respond to a written request for Article 3.29: Electronic System for Origin Information Exchange
information in accordance with Article 3.24 (Verification); or
The Parties may develop an electronic system for origin information
(c) the request for a verification visit in accordance with Article exchange to ensure the effective and efficient implementation of this
3.24 (Verification) is refused. Chapter in a manner jointly determined by the relevant Parties.

Article 3.26: Minor Discrepancies or Errors Article 3.30: Transitional Provisions for Goods in Transit

The customs authority of an importing Party shall disregard minor A Party shall grant preferential tariff treatment to an originating good that,
discrepancies or errors, such as slight discrepancies between on the date of entry into force of this Agreement for that Party:
documents, omissions of information, typing errors, or protrusions from
the designated field, provided that these minor discrepancies or errors (a) was being transported to that Party in accordance with
do not create doubt as to the originating status of the good. Article 3.15 (Direct Consignment); or

(b) had not been imported into that Party,
Article 3.27: Record-Keeping Requirement
if a valid claim under Article 3.22 (Claim for Preferential Tariff Treatment)
1. Each Party shall require that: for preferential tariff treatment is made within 180 days of the date of
entry into force of this Agreement for that Party.
(a) its exporters, producers, issuing bodies, or competent
authorities retain, for at least a period of three years from
the date of issuance of the Proof of Origin, or a longer Article 3.31: Penalties
period in accordance with its relevant laws and regulations,
all records necessary to prove that the good for which the Each Party shall adopt or maintain appropriate penalties or other
Proof of Origin was issued was originating; and measures against violations of its laws and regulations relating to this
Chapter.

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