Rule 23
In the case of a dispute concerning origin determination, classification of products or other matters, the Government authorities of the Parties concerned shall consult each other with a view to resolving the dispute. Rule 24 Both Parties endeavour to develop an Electronic Origin Data Exchange System before the implementation of this Agreement to ensure the effective and efficient implementation of this Chapter in a manner jointly determined by the Parties.
Chapter 4. CUSTOMS PROCEDURES AND TRADE FACILITATION
Article 4.1. Definitions
For purposes of this Chapter:
Customs administration means:
(a) for China, the General Administration of Customs of the People's Republic of China; and
(b) for Cambodia, The General Department of Customs and Excise of Cambodia.
Customs law means the statutory and regulatory provisions relating to the importation, exportation, movement or storage of goods, the administration and enforcement of which are specifically charged to the Customs, and any regulations made by the Customs under their statutory powers;
Customs Procedures mean the treatment applied by the customs administration to goods and means of transport that are subject to that Party's customs law;
Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (GATT) 1994, contained in Annex 1A to the WTO Agreement; and
Means of Transport means various types of vessels, vehicles and aircrafts and pack-animals which enter or leave the territory carrying persons and/or goods under each Partyâs domestic laws and regulations.
Article 4.2. Scope and Objectives
1. This Chapter shall apply, in accordance with the Parties respective international obligations and their laws and regulations, to customs procedures applied to goods traded and to the movement of means of transport between the Parties.
2. The objectives of this Chapter are to:
(a) simplify customs procedures of the Parties and harmonise them to the extent possible with relevant international standards;
(b) ensure predictability, consistency and transparency in the application of customs law of the Parties;
(c) promote the efficient administration of customs procedures and expeditious clearance of goods;
(d) facilitate trade between the Parties including through a strengthened environment for global and regional supply chain; and
(e) promote cooperation between the customs administrations, within the scope of this Chapter.
Article 4.3. Facilitation
The customs administrations shall use efficient customs procedures, as appropriate, based on international standards, aiming to reduce costs and unnecessary delays in trade between them, in particular the standards and recommended practices of the World Customs Organisation International Convention on the Simplification and Harmonization of Customs Procedures (as amended), known as the Revised Kyoto Convention.
Article 4.4. Transparency
1. Each customs administration shall promptly publish, including on the Internet, its laws, regulations, and where applicable, administrative rules or procedures, of general application, relevant to trade in goods between the Parties.
2. Each customs administration shall designate one or more enquiry points to address enquiries from interested persons on customs matters, and shall make available on the Internet information concerning procedures for making such enquiries.
Article 4.5. Customs Valuation
The customs administrations shall determine the customs value of goods traded between them in accordance with the provisions of the Customs Valuation Agreement.
Article 4.6. Tariff Classification
The customs administrations shall apply the International Convention on the Harmonized Commodity Description and Coding System to goods traded between them.
Article 4.7. Customs Cooperation
Permitted by their laws and regulations, the customs administrations of both Parties shall assist each other, in relation to:
(a) the implementation and operation of this Chapter and the Memorandum of Understanding Between the General Administration of Customs of the People's Republic of China and the General Department of Customs and Excise of the Kingdom of Cambodia on Cooperation and Mutual Assistance in Customs Matters; and
(b) such other issues as the Parties may mutually agree.
Article 4.8. Use of Automated Systems
1. The customs administration of each Party, where applicable, shall have its own system that supports electronic customs operations.
2. In implementing initiatives, the customs administration of each Party, taking into consideration the available infrastructure and capabilities of each Party, shall take into account the relevant standards and best practices recommended by the World Customs Organisation.
Article 4.9. Advance Rulings
1. The customs administration of each Party shall issue an advance ruling, prior to the importation of a good into its territory, at the written request containing all necessary information, on an application of the exporter, importer or any person with a justifiable cause or a representative thereof (9), with respect to:
(a) Origin of a good;
(b) Tariff classification of a good;
(c) The appropriate method or criteria, and the application thereof, to be used for determining the customs value under a particular set of facts, in accordance with the provisions of the Customs Valuation Agreement; and
(d) such other matters as the Parties may decide.
2. The customs administration of the importing Party shall issue an advance ruling within ninety (90) days on receipt of all necessary information.
3. The customs administration of each Party shall establish a validity period for an advance ruling of three (3) years from the date of its issuance.
4. The customs administration of the importing Party may modify or revoke an advance ruling:
(a) if the advance ruling was based on an error of fact;
(b) if there is a change in the material facts or circumstances on which the advance ruling was based;
(c) to conform with a change in its domestic laws, a judicial decision or a modification of this Chapter; or
(d) if incorrect information was provided or relevant information was withheld.
Article 4.10. Release of Goods
1. The customs administration of each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties. This paragraph shall not require a Party to release a good if its requirements for release have not been met.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that allow the goods to be cleared from customs within a period no longer than that required to ensure compliance with its customs law.
3. For goods selected for further examination, such an examination shall be limited to what is reasonable and necessary, and undertaken and completed without undue delay.
Article 4.11. Risk Management
1. The customs administrations shall adopt a risk management approach in determining the tisk profile of goods to facilitate the clearance of low-risk consignments, while focusing its control measures on high-risk goods.
2. The customs administration of each Party shall, determine which persons, goods or means of transport are to be examined and the extent of such examination, based on risk management.
3. The customs administrations shall exchange best practices on risk management techniques.
Article 4.12. Post Clearance Audit
With a view to enhancing customs control, each customs administration shall adopt or maintain post clearance audit to ensure compliance with its customs law.
Article 4.13. Authorised Economic Operators
1. The customs administration of each Party shall endeavour to implement the program of Authorised Economic Operators (hereinafter as "AEO") to promote informed compliance and efficiency of customs control.
2. The customs administrations of the Parties shall endeavour to work towards mutual recognition of AEO.
3. The customs administrations are encouraged to cooperate, where appropriate, and consider ways to designate customs officers as coordinators for authorised economic operators to resolve customs issues, as to enhance the benefits of such schemes.
Article 4.14. Consultation and Contact Point
1. The customs administration of each Party may at any time request consultations with the customs administration of the other Party, on any matter arising from the implementation or operation of this Chapter, in cases where there are reasonable grounds or truth provided by the requesting Party.
2. In the event that such consultations fail to resolve any such matter, the requesting Party may refer the matter to the Committee on Customs Procedures and Trade Facilitation referred to in Article 4.15 (Committee on Customs Procedures and Trade Facilitation) for further consideration.
3. Each customs administration shall designate one or more contact points for the purposes of this Chapter. Information on the contact points shall be provided to the other Party and any amendment of the said information shall be notified promptly.
Article 4.15. Committee on Customs Procedures and Trade Facilitation
1. With the view to the effective implementation and operation of this Chapter, a Committee on Customs Procedures and Trade Facilitation (hereinafter as "CPTF") is hereby established, under the Joint Commission of China-Cambodia FTA.
2. The function of the Committee on CPTF shall be as follows:
(a) ensure the proper function of this Chapter and resolve all issues arising from its application;
(b) review the interpretation and implementation of this Chapter;
(c) identify areas related to this Chapter to be improved for facilitating trade between the Parties; and
(d) make recommendations and report to the Joint Commission.
3. The Committee on CPTF shall consist of representatives from customs administrations of both Parties, and shall meet at such venues and times as agreed by the Parties. One or more contact points shall be designated for this purpose.
Chapter 5. TECHNICAL BARRIERS TO TRADE
Article 5.1. Objectives
The objectives of this Chapter are to:
(a) facilitate and promote trade in goods between the Parties by ensuring that standards, technical regulations, and conformity assessment procedures do not create unnecessary technical barriers to trade;
(b) strengthen cooperation, including information exchange in relation to the preparation, adoption and application of standards, technical regulations, and conformity assessment procedures;
(c) promote mutual understanding of each Party's standards, technical regulations, and conformity assessment procedures; and
(d) facilitate implementation of the principles of the Agreement on Technical Barriers to Trade (hereinafter referred to as "the TBT Agreement") in Annex 1A of the WTO Agreement.
Article 5.2. Scope
This Chapter shall apply to all standards, technical regulations, and conformity assessment procedures of each Party that may, directly or indirectly, affect trade in goods between the Parties. It shall exclude:
(a) the SPS measures which are covered in Chapter 6 (Sanitary and Phytosanitary Measures); and
(b) purchasing specifications prepared by governmental bodies for production or consumption requirements are not subject to the provisions of this Agreement but are addressed in the Agreement on Government Procurement, according to its coverage.
Article 5.3. Definitions
For the purposes of this Chapter, the definitions set out In Annex 1 to the TBT Agreement ahall apply.
Article 5.4. General Provision
Except as otherwise provided for in this Chapter, the TBT Agreement shall apply between the Parties and is hereby incorporated into and made part of this Agreement, mutatis mutandis.
Article 5.5. International Standards
For the purpose of this Chapter, validated standards issued, in particular, by the International Organisation for Standardization (ISO), the International Electrotechnical Commission (IEC), the International Telecommunication Union (ITU) and Codex Alimentarius Commission (CAC) shall be considered as relevant international standards in the sense of Article 2.4 of the TBT Agreement.
Article 5.6. Conformity Assessment Procedures
1. The Parties, with a view to increasing efficiency and ensuring cost effectiveness of conformity assessment, shall enhance cooperation in information exchange of each other's conformity assessment system through bilateral visits, technical training and seminars etc..
2. When cooperating in the area of conformity assessment, the Parties shall take into consideration their participation in relevant international organisations.
Article 5.7. Measures at the Border
Where a Party detains, at a port of entry, goods exported from the other Party due to a perceived failure to comply with a technical regulation or a conformity assessment procedure, the reasons for the detention shall be promptly notified to the importer or his or her representative. Official measures taken in relation to such goods shall be proportionate to the risk associated with such goods.
Article 5.8. Transparency and Information Exchange
1. Each Party affirms its commitment to ensuring that information regarding proposed new or amended technical regulations or conformity assessment procedures is made available in accordance with the Article 2.9 and Article 5.6 of the TBT Agreement.
2. Each Party shall make available the full text of its notified technical regulations and conformity assessment procedures to the requesting Party within 15 working days of receiving the written request. English version shall prevail if available.
3. Each Party shall allow at least 60 days following the notification of its proposed technical regulations and conformity assessment procedures to WTO for the other Party to present comments except where risks to health, safety, and the environment arising or threatening to arise warrant urgent actions.
4. Each Party may request information from the other Party on a matter arising under this Chapter. The requested Party shall endeavour to provide available information to the requesting Party within a reasonable period of time.
Article 5.9. Technical Consultations
1. Where a Party considers that a relevant technical regulation or conformity assessment procedure of the other Party has constituted unnecessary obstacles to its exports, it may request technical consultations. The requested Party shall respond as early as possible to such a request.
2. The requested Party shall enter into technical consultations within a period mutually agreed, with a view to reaching a solution. Technical consultations may be conducted via any means mutually agreed by the Parties.
Article 5.10. Cooperation
With a view to increasing mutual understanding of their respective systems and facilitating bilateral trade, the Parties shall strengthen their technical cooperation in the following areas:
(a) communication between competent authorities of the Parties;
(b) exchange of information in respect of standards, technical regulations, conformity assessment procedures, and good regulatory practices;
(c) encouraging, where possible, cooperation between standardization and conformity assessment bodies of the Parties including training programmes, workshops and related activities;
(d) cooperation in areas of mutual interest in the work of relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures;
(e) related activities in General Vocabulary defined in ISO/IEC Guide 2; and
(f) other areas mutually agreed by the Parties.
Article 5.11. Contact Point
1. Each Party shall designate contact points which shall, for that Party, have the responsibility for coordinating the implementation of this Chapter. The contact points will be:
(a) for China, the State Administration for Market Regulation; and
(b) for Cambodia, the Institute of Standards of Cambodia. 2. Each Party shall provide the other Party with the contact details of the relevant officials in their respective contact points, including telephone, facsimile, email, and any other relevant details.
3. Each Party shall notify the other Party promptly of any change in its contact points or any amendment to the details of the relevant officials acting as or on behalf of its contact point.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 6.1. Objectives
The objectives of this Chapter are to:
(a) facilitate trade between the Parties while protecting human, animal or plant life or health in their territories;
(b) enhance transparency in and mutual understanding of the development and the application of each Party's Sanitary and Phytosanitary measures ("SPS measures"); and
(c) strengthen cooperation, communication and consultation between the Parties in the field of SPS measures.
Article 6.2. Definitions and Scope
For the purpose of this Chapter:
1. The definitions set out in Annex A to the Agreement on the Application of Sanitary and Phytosanitary Measures of WTO (hereinafter referred to as the SPS Agreement) shall apply.
2. Relevant definitions developed by Codex Alimentarius Commission ("Codex"), the World Organisation for Animal Health ("OIE"), and the International Plant Protection Convention ("IPPC") shall be taken into account.
3. This Chapter shall apply to all SPS measures of the Parties, which may, directly or indirectly, affect trade between the Parties.
Article 6.3. General Provisions
1. The Parties affirm their rights and obligations with respect to each other under the SPS Agreement.
2. The Parties commit to apply the principles of the SPS Agreement in the development and application of any SPS measure.
Article 6.4. Harmonisation
To harmonise SPS measures as broadly as possible, the Parties shall make best endeavour to base their SPS measures on international standards, guidelines or recommendations established by the Codex, OIE and IPPC.
Article 6.5. Equivalence
1. The Parties shall strengthen cooperation on equivalence in accordance with the SPS Agreement while taking into account relevant decisions of the WTO SPS Committee and international standards, guidelines and recommendations.
2. The Parties shall, upon request, make endeavour to enter into consultations with the aim of achieving recognition arrangements of the equivalence of specified SPS measures.
Article 6.6. Regionalization
The Parties agree to follow the principle of regionalization as provided for in Article 6 of the WTO SPS Agreement in the establishment and implementation of their SPS measures, taking into account the Guidelines to Further the Practical Implementation of Article 6 of the Agreement on the Application of Sanitary and Phytosanitary Measures adopted by the WTO SPS Committee and relevant international standards and guidelines.
Article 6.7. Transparency and Information Exchange
1. The Parties recognise the importance of transparency as set out in Annex B of the WTO SPS Agreement.
2. Each Party shall notify proposed measures or changes to existing SPS measures that may have a significant effect on the trade of the other Party through WTO/SPS Enquiry Points or Contact Points established under Article 6.10 (Competent authorities and Contact Points) in this Chapter. Each Party shall allow at least 60 days for the other Party to present comments on any notifications except where urgent problems of health protection arise or threaten to arise.
3. Each Party shall provide the full text of its notified SPS measures to the other Party within 5 working days after receiving the written request.
4. The Parties shall opportunely exchange information related to the sanitary and phytosanitary condition in their territories and shall provide the necessary information to develop risk assessment and equivalence processes.
5. The Parties shall communicate the significant, sustained or recurring non-compliance with Sanitary and Phytosanitary requirements of imported consignments on a timely manner.
Article 6.8. Measures at the Border
Where a Party detains, at a port of entry, goods exported from the other Party due to non-compliance with sanitary or phytosanitary requirements, the reasons for the detention shall be promptly notified to the importer or his or her representative.
Article 6.9. Cooperation
The Parties agree to explore further cooperation opportunities on sanitary and phytosanitary issues with a view to enhancing mutual understanding of the regulatory systems of the Parties and facilitating bilateral trade.