Article 3.25. Confidentiality
1. Any information which is by its nature confidential or which is provided on a confidential basis for the purposes of this Chapter shall be treated as strictly confidential by the relevant authorities, who shall not disclose it without the express permission of the person or institution which provided the information, subject to the exceptions set out in paragraph 2.
2. Subject to the laws of each Party, confidential information obtained under this Chapter may be disclosed only to judicial authorities and to authorities responsible for customs or tax matters, as appropriate.
Article 3.26. Consultations and Modifications
1. The Parties shall consult regularly to ensure that this Chapter is administered effectively, uniformly and in accordance with the spirit of this Agreement and shall cooperate in the administration of this Chapter.
2. A Party that considers that one or more of the provisions of this Chapter requires amendment may submit a proposal for consideration by the other Party.
Article 3.27. Committee on Rules of Origin and Trade Facilitation
Without prejudice to Article 21.4 (Committee on Rules of Origin and Trade Facilitation) the Committee shall:
(a) consider proposals for modification of the rules of origin, which are due to changes in production processes, amendments to the Harmonized System, other matters related to the determination of the origin of a good, or other matters related to this Chapter;
(b) meet to consider the proposals within sixty (60) days from the date of receipt of the communication or such other date as the Committee may decide, and
(c) provide a report to the Commission, setting out its findings and recommendations. Upon receipt of the report, the Commission may take appropriate action in accordance with Article 21.2 (Powers).
Chapter 4. TRADE FACILITATION
Article 4.1. General Provisions
The Parties reiterate their commitment to implement the World Trade Organization's Trade Facilitation Agreement by ensuring that their import, export and transit operations of goods are applied in a predictable, uniform and transparent manner.
Article 4.2. Objectives
In order to facilitate the realization of the benefits of this Agreement, the Parties undertake to develop and administer trade facilitation measures based, inter alia, on the following general principles:
(a) transparency, efficiency, simplification, harmonization and consistency of import, export and transit procedures and operations;
(b) impartial and predictable administration of laws, regulations and administrative decisions related to import, export and transit procedures and operations;
(c) promotion of relevant international standards;
(d) harmonization with relevant multilateral instruments;
(e) efficient use of information technologies;
(f) implementation of government controls based on risk management, and
(g) cooperation and coordination, within each Party, between the competent authorities operating at the borders and between the competent authorities and commercial operators and other interested parties.
Article 4.3. Procedures Related to Import, Export and Transit
Each Party shall ensure that its procedures relating to the import, export and transit of goods are applied in a predictable, uniform and transparent manner, and shall employ information technology, to the extent possible, to make its controls more efficient and facilitate legitimate trade.
Article 4.4. Transparency
1. Each Party shall publish, in a non-discriminatory and easily accessible manner, and, to the extent possible, by electronic means, its general legislation and procedures relating to the import, export and transit of goods and trade facilitation, as well as changes to such legislation and procedures, in a manner consistent with the legal system of the Parties. This includes information on:
(a) import, export and transit procedures, including procedures at ports, airports and other points of entry, the working hours of the competent entities, and tequired forms and documents;
(b) the rates of duty and taxes of any kind levied on or in connection with importation or exportation;
(c) duties and charges levied by or on behalf of government agencies on or in connection with importation, exportation or transit;
(d) the rules for the classification or valuation of goods for customs purposes;
(e) laws, regulations and administrative provisions of general application relating to rules of origin;
(f) import, export or transit restrictions or prohibitions;
(g) the provisions on penalties for infringement of import, export or transit formalities;
(h) appeal or review proceedings;
(i) agreements or parts of agreements with any non-Party relating to import, export or transit;
(j) procedures relating to the administration of tariff quotas;
(k) contact points for information enquiries, and
(l) other relevant information of an administrative nature related to the preceding subparagraphs.
2. Each Party shall make available and update, to the extent possible through the Internet, the following:
(a) a description of its import, export and transit procedures, including appeal or review procedures, including the practical arrangements for import, export and transit;
(b) the forms and documents required for import, export and transit, and
(c) the contact details of your information service(s).
3. Each Party shall, to the extent possible, provide opportunities and adequate time for interested persons involved in foreign trade to comment on proposals for the introduction or modification of rulings of general application, relating to import, export and transit procedures, prior to the entry into force of such rulings. In no case shall such comments be binding.
4. Each Party shall ensure, to the extent practicable and consistent with its legal system, that new or modified legislation, procedures, duties or fees relating to import, export and transit are published or otherwise made publicly available as soon as practicable prior to their entry into force.
5. Excluded from paragraphs 2 and 3 are changes in the rates of duty or tariff rates, measures having the effect of relief, measures the effectiveness of which would be impaired as a result of compliance with paragraphs 2 and 3, measures applied in urgent circumstances or minor changes to their legal system.
6. Each Party shall establish or maintain enquiry points to respond to requests for information on customs and other matters related to trade in goods, which may be contacted through the Internet. The Parties shall not require any payment for responding to requests for information.
7. Each Party shall establish a mechanism with trade operators and other interested parties on the development and implementation of trade facilitation measures, paying particular attention to the needs of micro, small and medium-sized enterprises (1).
Article 4.5. Advance Rulings
1. Each Party shall, prior to the importation of goods into its territory, issue an advance ruling upon the written request of an importer in its territory, or an exporter or producer in the territory of the other Party. The request shall contain all necessary information, including, if the importing Party so requires, a sample of the good for which the requester is seeking an advance ruling.
2. In the case of an exporter or producer in the territory of the other Party, the exporter or producer shall request advance ruling in accordance with the domestic administrative rules and procedures of the territory of the Party to whom the request is addressed.
3. Advance rulings shall be issued in respect of:
(a) the tariff classification of the goods;
(b) the application of customs valuation criteria for a particular case, in accordance with the provisions contained in the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994;
(c) the originating status of a good, and
(d) such other matters as the Parties may agree.
4. Each Party shall issue an advance ruling, within a reasonable and specified period of time, in accordance with its legal system. In making an advance ruling, the Party shall take into account the facts and circumstances presented by the applicant.
5. Advance rulings shall enter into force on the date of their issuance, or on another date specified in the ruling, and their validity may be limited to a period determined by the legal system of the issuing Party.
6. The Party that issues the advance ruling may modify or revoke it, either ex officio or at the request of the applicant, as appropriate, and shall notify the applicant of the new measure adopted, in the following cases:
(a) where the advance ruling was based on an error;
(b) where the advance ruling was issued on the basis of incorrect, false or misleading information;
(c) when the circumstances or facts on which it is based change, or
(d) to comply with an administrative or judicial decision, or to conform to a change in the legal system of the Party that issued the decision.
7. The modification or revocation of an advance ruling may not be applied retroactively unless the person who requested it has submitted incorrect, false or misleading information.
8. A Party may decline to issue an advance ruling:
(a) whether the facts and circumstances that form the basis for the advance ruling are subject to review in administrative or judicial proceedings;
(b) when the customs destination that covers the merchandise has been previously presented or the reimbursement of the taxes has been requested, as appropriate;
(c) when the company or merchandise is subject to any investigation or verification related to the matter for which the advance ruling is requested, or
(d) when the information provided is incorrect, false or misleading.
In such cases, the Party shall notify the applicant in writing, stating the legal and factual reasons on which the decision is based.
9. If the requester provides false information or omits relevant facts or circumstances, related to the advance ruling, or fails to act in accordance with the terms and conditions of the advance ruling, the Party issuing the advance ruling may apply appropriate measures, including civil, criminal or administrative actions.
10. Each Party shall make publicly available, including on the Internet, the advance tulings it issues, subject to the confidentiality requirements of its legal system.
Article 4.6. Appeal or Review Procedures
Each Party shall ensure in respect of its administrative acts in customs matters that any person subject to such acts in its territory has access to:
(a) an administrative review before an administrative authority independent of or superior to the official or office that issued such administrative act; and
(b) a challenge or judicial review of administrative acts.
Article 4.7. Sanctions
1. Each Party shall adopt or maintain measures that permit the imposition of civil or administrative penalties and, where appropriate, criminal penalties for violations of its laws and regulations governing the entry, exit or transit of goods, including, inter alia, those governing tariff classification, customs valuation, rules of origin and claims for preferential tariff treatment.
2. Each Party shall ensure that sanctions established pursuant to paragraph 1 for violations of its customs laws and regulations are imposed only on the person or persons responsible for the violation, in accordance with the facts and circumstances of each case, and in a manner commensurate with the degree and gravity of the violation committed.
Article 4.8. Authorized Economic Operator
1. The customs administrations of the Parties shall promote the implementation and strengthening of Authorized Economic Operator (hereinafter referred to as "AEO") programs in accordance with the Framework of Standards to Secure and Facilitate Global Trade of the World Customs Organization (hereinafter referred to as "WCO").
2. The customs administrations of the Parties shall, in accordance with their respective legal systems, encourage and work towards the conclusion of agreements on mutual recognition of the Parties' AEO programmes.
Article 4.9. Use and Exchange of Documents In Electronic Format
1. The Parties shall endeavour to:
(a) use documents in electronic format for exports and imports;
(b) adopting relevant international standards, where they exist, for the types, issuance and receipt of documents in electronic form, and
(c) promote mutual recognition of documents in electronic format required for imports or exports issued by the authorities of the other Party.
2. The Parties undertake to implement digital certification of origin under the terms of the provisions of Resolution No. 386 of 2011 of ALADI, or under the terms agreed by the Parties, and to promote the replacement of paper certificates of origin by certificates of origin in electronic format.
Article 4.10. Dispatch of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the efficient clearance of goods in order to facilitate legitimate trade between the Parties.
2. To this end, each Party shall adopt or maintain procedures that:
(a) provide for advance electronic submission and processing of information prior to the physical arrival of the goods in order to expedite their clearance, and
(b) provide for the possibility of electronic payment of duties, taxes, fees and charges collected by customs.
3. In accordance with paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the clearance of goods within a period no longer than that required to ensure compliance with its legal system and, to the extent possible, for the goods to be cleared within forty-eight (48) hours of arrival;
(b) allow, to the extent permitted by their legal system and provided that all regulatory requirements have been complied with, goods to be cleared at the point of arrival, without temporary transfer to warehouses or other premises; and
(c) allow importers, in accordance with their legal system, to remove the goods from their customs offices, prior to and without prejudice to the final determination by their customs authority of the applicable (2) customs duties, taxes and charges.
4. Each Party shall ensure, to the extent possible, that its competent authorities in the control of export and import of goods coordinate, inter alia, the requirements for information and documents, establishing a single place and time for physical verification, without prejudice to the controls that may apply in the case of post-clearance audits.
Article 4.11. Risk Management
1. Each Party shall adopt or maintain risk management or administration systems, in accordance with its respective legal systems, that allow its customs authority to focus its inspection activities on higher risk operations and that simplify the clearance and movement of low risk goods, while respecting the confidentiality of information obtained through such activities.
2. The customs administrations of each Party shall apply selective control for the release of goods, based on risk analysis criteria, using, inter alia, non-intrusive means of inspection and tools incorporating modern technologies, with the aim of reducing the physical inspection of all goods entering its territory.
3. The Parties shall adopt cooperative programs to strengthen the risk management system based on best practices established between their customs authorities. Article
Article 4.12. Acceptance of Copies
1. Each Party shall endeavour, where appropriate, to accept copies of supporting documents required for import, export or transit formalities.
2. Where a government agency of a Party already holds the original of a supporting document, any other agency of that Party shall, where appropriate, accept in lieu of the original document a copy provided by the agency holding the original.
Article 4.13. Foreign Trade Single Window
1, The Parties shall promote the development of their respective Single Windows for Foreign Trade (hereinafter referred to as "SWs") for the expediting and facilitating final payment of customs duties, taxes and charges related to the importation of the goods.
The system is designed to enable trade authorities and traders involved in foreign trade to use documentation or information for the import, export and transit of goods through a single point of entry, and through which applicants will be notified of the results in a timely manner.
2. The Parties shall promote interoperability between the SWs in order to exchange information that expedites trade and allows the Parties, inter alia, to verify information on foreign trade operations carried out.
3. The Parties shall promote the exchange of experiences and cooperation for the implementation and improvement of their systems, making use of international cooperation networks in this field.
Article 4.14. Temporary Admission
1. Each Party shall permit the temporary admission of certain goods in accordance with its respective legal systems.
2. For the purposes of this Article, "temporary admission" means the customs procedures under which certain goods may be brought into a customs territory conditionally exempted from payment of customs duties.
Article 4.15. Automation
1. Each Party shall endeavor to use information technology that expedites procedures for the import, export and transit of goods. To this end, the Parties shall:
(a) strive to use international standards;
(b) strive to make electronic systems accessible to users;
(c) provide for the electronic transmission and processing of information and data prior to the arrival of the consignment to enable the release of goods upon arrival, once all regulatory requirements have been met;
(d) adopt procedures allowing the option of electronic payment of duties, taxes, fees and charges determined by the customs administration to be due at the time of import and export;
(e) employ, to the extent possible, electronic or automated systems for risk analysis and targeting; and
(f) will use their best efforts to develop a set of common data elements and processes in accordance with the WCO Customs Data Model and related WCO recommendations and guidelines to facilitate the electronic exchange of data between Customs authorities.
Article 4.17. Perishable Goods
1. For the purposes of this Article, "perishable goods" means goods which decompose rapidly due to their natural characteristics, in particular in the absence of appropriate storage conditions.
2. In order to prevent avoidable deterioration or loss of perishable goods, and provided that all regulatory requirements have been met, each Party shall:
(a) provide for the release of perishable goods in the shortest possible time under normal circumstances;
(b) provide for the release of perishable goods outside the working hours of the customs authority and other competent authorities in exceptional circumstances where this is appropriate, in accordance with each Party's legal system;
(c) in the event of a significant delay in the release of perishable goods and upon written request, the importing Party shall, to the extent possible, provide a statement of the reasons for the delay; and
(d) allow an importer to have adequate facilities for the storage of perishable products pending their release. Each Party may require that any storage facilities provided by the importer have been approved or designated by the relevant authorities.
3. Each Party shall give appropriate priority to perishable goods when scheduling required examinations.
Article 4.18. Cooperation
1. The Parties recognize the importance of cooperation and technical assistance in the area of customs and trade facilitation in implementing the measures set out in this Chapter.
2. The Parties shall provide cooperation and technical assistance in order to facilitate customs operations, strengthen risk management, strengthen the supply chain through AEO programs, and improve customs control, mutual understanding and communication.
3. Cooperation and technical assistance under this Chapter shall be provided by the Parties, in accordance with their respective legal systems and available resources.
4. The Parties may cooperate in areas of mutual interest, which may include, but are not limited to, the following:
(a) simplification and modernisation of customs and administrative procedures;
(b) international instruments and standards applicable in the customs field;
(c) facilitation of transit and transhipment movements;
(d) relationships with business operators and other stakeholders;
(e) supply chain security, AEO programme and risk management;
(f) use of information technology, data and documentation requirements and single window systems, including work towards their future interoperability;
(g) tariff classification, origin and customs valuation, and
(h) other topics defined by mutual agreement.
5. For purposes of cooperation on the matters in this Chapter, the Parties shall encourage direct dialogue between their respective competent authorities and, where appropriate, between their National Trade Facilitation Committees.
6. The Parties agree on mutual assistance which, among other activities, may include the following activities:
(a) the exchange of customs officials;
(b) the exchange of information and best practices;
(c) education and training for customs officials;
(d) internships, and