Legal basis for the verification visit.
Article 4.41. Amendments to the Content of the Notice
Any modification of the information referred to in article 4.40, shall be notified in writing to the competent authority of the exporting party who in turn shall notify the producer or exporter, at least ten (10) days in advance of the visit.
Article 4.42. Scope of Verification
The competent authority of the importing Party may request the producer or exporter in the verification visit was made available to the accounting records and other documents attesting to compliance with the rules of origin. It may also request the inspection of the materials, products, processes and facilities used in the production of the good.
Article 4.43. Request for Extension
During the period established in paragraph 3 of article 4.39, the exporter or producer may request in writing to the competent authority of the importing Party, an extension of which shall be no more than ten (10) days.
Article 4.44. Lack of Consent to the Visit
If the exporter or producer does not or not expressly consents in writing, for conducting the verification visit within the time period established in article 4.43, the competent authority of the importing Party shall deny, through resolution, the origin of the goods covered in the respective certificate and it must in this case within five (5) days, notify the importer and the competent authority of the exporting Party, who shall notify the exporter or producer where appropriate.
Within the same period it shall also communicate officially the resolution to the appropriate institution for the cancellation of taxes.
Article 4.45. Designation of Witnesses
The competent authority of the exporting Party shall request the exporter or producer the appointment of three (3) witnesses who will be present during the visit provided that they intervene solely with such quality. If there is no designation of witnesses, that omission shall not result in the postponement of the visit, or for the nullity of the proceedings.
Article 4.46. Record of the Visit
From the verification visit, the competent authority of the importing Party shall record containing the relevant facts established by the present, who signed at the end of the visit.
The record shall constitute evidence that must be incorporated in the relevant file and be valued at its opportunity within the procedure.
Article 4.47. Final Resolution
After exhausting all procedures for verification of origin, within a period of twenty (20) days, the competent authority of the importing Party shall issue its final resolution, determining if the goods are subject to investigation or not qualify as originating. In the resolution shall include the fact finding fact and the legal basis for the determination.
If within the time period established in article 4.37, for the provision of evidence, the competent authority of the importing party sufficient information to the rule on the matter under investigation, may issue the final resolution after acceptance of the investigated for the period may be reduced.
The deadline for decision shall be discontinued when the competent authority of the importing Party considers that the evidence or some of the facts are insufficient to render the Resolution shall resume that period at the end of the relevant administrative proceedings.
The notice to interested parties of the final decision shall be made within five (5) days of its issuance.
If the origin of the goods, the competent authority that issued the final resolution shall send within five (5) days after the formal communication to the institution, for the cancellation of taxes. Otherwise, the security shall be released.
Article 4.48. Resources for Review and Appeal
Article 4.49. Committee on Rules of Origin
The Committee on Rules of Origin, which will be determined by the Council and shall have a representative of each party, and advisers as it deems appropriate.
The Committee shall be established within two (2) months from the entry into force of this Treaty and shall normally meet at least two (2) times a year and extraordinarily at the express request of one of the Parties.
The Committee shall include the following functions:
a) Propose to the Council any amendments to this chapter;
b) To ensure the effective enforcement, implementation and administration of this chapter; and
c) Other functions assigned to it by the Council.
Chapter V. Customs Procedures
Article 5.01. Customs Procedures
The provisions of this chapter are the general framework of principles applicable to the Customs Administration of the Parties.
The specific procedures relating to the various schemes and customs operations shall be governed by the provisions of the domestic legislation of the Parties.
The Parties shall establish minimum requirements for the release of the goods of the other party into its territory. For this purpose, as far as possible, it shall be used automated controls selective and random, without prejudice to the exercise of the type of physical and documentary checks empowered to each party, in accordance with its customs legislation.
Article 5.02. Customs Cooperation and Mutual Assistance
The parties, through its Customs Authorities shall:
Strengthen their cooperation and mutual assistance in the settlement of disputes that arise in the administration of this chapter;
Encourage, as far as possible, the practices of coordination among themselves, defining the fields of activity, procedures, terms and scope of assistance and strengthen relations between them with the aim of exchanging experiences to improve and harmonize systems and procedures applicable customs based on the principle of reciprocity; and
Strengthen trade between them through mechanisms that facilitate the movement of goods and the customs clearance, without prejudice to the application of controls aimed at preventing illegal trade, unfair trade practices and other practices which cause distortions to international trade.
In particular, the Parties shall facilitate the clearance of goods originating and maintain the level of conformity of customs facilitation measures agreed by them, relating to this chapter after the Entry into Force of this Treaty.
Under subparagraph (a) of paragraph 1 of this article, the Parties shall give priority to those areas of harmonization of customs procedures, information and training.
The Parties shall endeavour to jointly organizing training programmes in customs matters that include:
Training for officials who participate directly in customs procedures; and
Training for users.
Article 5.03. International Transit of Goods
The Parties shall simplify as possible and shall make known to users, international transit of goods, the documentation required, the conditions required for the transport units, the hours of operation of information on customs, ports and airports and authorized access and infrastructure of the customs administrations of the Parties.
Article 5.04. Release of Goods
Each Party through its customs authority shall make the clearance of goods of the other party into its territory. for this purpose, as far as possible, use of automated checks length of stay and selectivity or random revision, weighing, physical verification of goods and direct clearance in companies.
The Parties shall endeavour to simplify the internal transit documents to allow importers and request the change of customs procedure in accordance with the legislation of the importing Party.
Each Party shall inform the other party procedures to facilitate and expedite the release of goods, including requirements for its entry into the territory of the Party to the receipt, loading and storage according to the laws of the Import and Export of Goods, in accordance with the legislation of each party.
Article 5.05. Samples or Samples
Each Party shall grant facilities for entry into its territory of samples or samples and develop an instructive thereof which shall include the procedure and the commercial bank or customs documentation required to identify the samples or samples of importation.
Article 5.06. Use of Electronic Information Systems
Each party, taking into account its means shall implement systems of electronic transmission of information to the customs administration.
Each Party shall establish rules for the operation of electronic transmission of information systems that include:
Use of codes of key users and access;
Evidentiary value of data and records;
Confidentiality of information;
Liability of officers operating system and users; and
The system of storage of information.
Article 5.07. Exchange of Information
The Parties shall exchange, within its capabilities and through their Customs authorities, information and experience on:
Tariff classification and customs valuation;
Rules of origin;
Documents and requirements for the import and export of goods;
Statistics on import and export; whether general or specific in terms of the legislation of each party;
Goods subject to non-tariff measures;
The laws and customs procedures;
New techniques to combat customs fraud, where it has been proven efficiency; and
New trends concerning customs offences, means and methods used to commit.
Mechanisms for the exchange of information shall be defined by the Committee on Customs procedures established in article 5.09.
Article 5.08. Procedure for Facilitating Trade
Without prejudice to other chapters, from the entry into force of this Treaty, the parties agree that any new customs regulations to establish in trade between the parties shall be communicated in advance within thirty (30) days in advance of the proposed date of effect. These rules shall be published in accordance with national legislation and within ten (10) days of the publication, the authority of the importing Party shall notify the authority of the exporting Party such regulations.
Article 5.09. Committee on Customs Procedures
The parties establish a committee on customs procedures comprising representatives of each party who shall meet at least once a year and at the request of either party.
The Committee shall, in addition to the functions assigned to it by the Council:
Customs propose policies supportive of trade between the parties;
Endeavour to agree on:
The interpretation, implementation and administration of this chapter;
Matters of tariff classification and customs valuation;
Any other matter referred to it by a party;
Proposing uniform guidelines for the improvement of customs procedures;
Inform the Council of any customs procedure that is incompatible with the provisions of this chapter;
Report annually to the Council on its activities; and
Considering proposals for administrative or operational modifications relating to this chapter in customs matters that may affect the flow of trade between the parties.
Chapter VI. Sanitary and Phytosanitary Measures
Article 6.01. Definitions
For the purposes of this chapter:
Food Additive: any substance that itself is not normally consumed as food, nor is used as a key ingredient in foodstuffs, whether or not, and their nutritional value added to food at the stage of production, manufacture, processing, preparation, treatment, packaging, storage or transport, packaging, it can reasonably be expected to (or) is directly or indirectly by itself or its by-products, a component of the food or affect its characteristics. This definition does not include "polluting" substances or added to food to maintain or improve the nutritional qualities;
Food: any substance processed, semi-processed or gross, which are intended for human or animal consumption, including chicle beverages, and any other substances that are used in the preparation or manufacture or processing of food, but does not include the cosmetic or tobacco substances or used only as medicines;
Animal or invertebrada are: any kind, including aquatic and wild fauna;
Good: food, animals, plants, products and their byproducts;
Harmonization: establishment, recognition and implementation of sanitary and phytosanitary measures by the parties;
Pollutant: any substance or organism not intentionally added to food, be present in the food production as a result of operations (including in agriculture, animal husbandry and veterinary medicine), manufacture, processing, preparation, treatment, packaging, packaging, transport or storage of such food or as a result of environmental pollution. The term includes physical contaminants;
Risk assessment:
The likelihood of entry, establishment and propagation of a disease or pest and possible biological and economic consequences agronomic; and the likely adverse effects to life or health, animal or plant from the presence of pollutants, additives, toxins or agencies responsible for diseases in a good;
Food safety: ensures that food quality that presented no risk to human and animal health;
Scientific information: data or information derived from the use of scientific principles and methods;
Sanitary or phytosanitary measure means that a party adopts a measure or maintains or applies to:
Protect human life, human and animal health as well as plant health in its territory from risks arising from the introduction, establishment or a spread of disease or pest;
Protect human life and health, animal and plant in its territory from risks arising from the presence of an additive pollutant toxin, or an agency pathogen on a good;
Protect human life and health in its territory from risks arising from a person of a disease or pest transported by an animal or plant or a derived therefrom;
To prevent or limit other damage in its territory from the introduction, establishment and dissemination of a disease or pest; and
Sanitary and phytosanitary measures include all laws, regulations, requirements and procedures, including an approach to the final product or process; a production method directly related to
The testing or good; inspection and certification or approval procedure; a relevant statistical method; sampling method; an assessment of risk; a requirement of packaging and labelling directly related to food safety; and a system of quarantine as a relevant prerequisite associated with the transport of animals or plants, or with the necessary material for their survival during transport;
Appropriate level of sanitary or phytosanitary protection: level of protection to the life, health, human and animal and plant health, that a Party considers appropriate;
International standards, guidelines or recommendations: any of these, established:
With regard to the harmlessness in food, the Codex Alimentarius Commission, including those regarding decomposition of products produced by the Committee on fish and fishery products of the Codex Alimentarius, food additives and contaminants, hygiene practices and methods of sampling and analysis;
In relation to animal health and zoonoses, developed under the auspices of the International Office of Epizootics (OIE);
With regard to health, plant developed under the auspices of the secretariat of the International Plant Protection Convention; and
Those established by other international organizations agreed by the parties;
Disease: designates the infection, clinical or not caused by one or several aetiological agents of the diseases listed in the International Animal Health Code of the OIE;
Though: animal feed balanced for use;
Pest: any strain, species or biotype of plant or animal pathogen harmful or potentially harmful to plants and animals and their products;
Approval procedure: any registration procedure, certification, notification or any other binding administrative procedure for approving the use of an additive or establishment of a tolerance for purposes of a pollutant defined or under conditions agreed in a food, drink or feedingstuff, prior to allow its use marketing or when they contain the additive or contaminant;
Control or inspection procedure: any procedure used, directly or indirectly, to determine whether there is a sanitary or phytosanitary measure, including sampling, testing, inspection, verification, monitoring, auditing of accreditation, conformity assessment, or other procedures involving the physical examination of a good, packaging, or equipment or installations directly connected with the production, marketing or use of a good, but not means an approval procedure;
Mobilization: means of transport, packaging and mode of transport, established in a sanitary or phytosanitary measure;
Pesticide: any substance intended to destroy, attract, prevent, combat any use or plague species, including the undesirable plants or animals, during the production, storage, transport, distribution and processing of food, agricultural products, or feedingstuffs or may be administered to animals to combat ectoparasitics. The term includes substances intended to be used as Plant Growth Regulators, defoliants, desecantes agents, to reduce density fruit or inhibit the germination and substances applied to crops before or after the harvest to protect the product against the deterioration during storage and transport. The term does not normally include fertilizers, animal or vegetable nutrients food additives or medicines for animals;
Pesticide residues: any substance specified in this agricultural products or foodstuffs feedingstuffs, as a result of the use of pesticide. The term includes any derivative products, as a pesticide metabolites, conversion and reaction products and impurities deemed important toxicological;
Plant: live plants and parts thereof, including seeds and germplasm;
An area of low disease or pest prevalence: area designated by the competent authorities, which may include the entirety of a country as part of a country or all or parts of several countries in which a specific disease or pest that there is limited and that is subject to effective monitoring, control or eradication pest or disease;
A free zone of pests or diseases: area designated by the competent authorities, which may include the entirety of a country as part of a country or all or parts of several countries in which there is a specific disease or pest. A free zone of pests or diseases may be surrounded by encircle, or be a zone adjacent to, whether within a country or in a geographical region which may include all or parts of several countries - in which it is known that there is a specific disease or pest but that is subject to a regional control measures such as the establishment of protection, surveillance and buffer zones that distilled or eradicate the disease or pest in question.
Article 6.02. Rights and Obligations
Each Party may, in accordance with the agreement on the Application of Sanitary and Phytosanitary Measures (ASPM) of the WTO agreement; establish, adopt, maintain or apply any sanitary and phytosanitary measures necessary for the protection of human life and health (food safety) and animal or plant in its territory, even those which are stricter than a measure, international standards, guidelines or recommendations.
Each Party shall ensure that any sanitary or phytosanitary measure that it adopts or maintains or apply:
It is based on scientific principles taking into account, where appropriate, the relevant factors such as the different regional conditions;
It is maintained only where there is a scientific basis that is provided;
Based on a risk evaluation to the appropriate circumstances;
Not restrict trade more than necessary to protect human life or health, animal or to protect plants;
They do not have the purpose or effect of creating a disguised restriction and between the parties;
Actions shall be based on international standards, guidelines or recommendations or their relevant parts or imminent, except where such measures do not constitute an effective or appropriate means to protect human life or health or animal or plant in its territory.
Notwithstanding any other provision of this chapter each party, to protect human life or health or animal or plant in its territory, may fix its appropriate levels of protection, taking into account the associated risk from the point of view of the consequences of the introduction or spread of a disease or pest. For this purpose, they shall take into account the methods of analysis and assessment of risk of international agencies (Codex Alimentarius, International Plant Protection Convention and the International Office of Epizootics), as well as the specialized agencies to which the parties are members to the areas of food safety, animal health and plant health.
The analysis and assessment of risk to develop the importing Party shall not exceed a period of three months to establish the respective sanitary or phytosanitary measure since it is requested by the competent authority.
The Parties shall, before the Committee on Sanitary and Phytosanitary Measures, the competent authority of notification and information centres used as a channel to notify the other party.
The Parties shall notify the sanitary or phytosanitary measure by the relevant channels. In case of emergency measures, the Parties shall notify in writing the measure the information centre at least three (3) days before the Entry into Force, or failing that, three (3) days after that have an effect on trade of the other party.
The Parties shall make their respective equivalent sanitary and phytosanitary measures through bilateral protocols for the mutual recognition of their sanitary and phytosanitary systems of each party.
The Parties shall observe the procedures of control, inspection and approval of the sanitary and phytosanitary measures listed in the annex to this article.
Article 6.03. Administration
The parties establish a Committee on Sanitary and Phytosanitary Measures, which shall be composed of officials in the areas of food safety, health, animal and plant health trade of each party.
The Committee shall meet at least once a year, or when so requires and may convene ad hoc technical working groups to address specific issues, which will bring the recommendations to the Committee for decision-making.
The parties agree to the organisational structure, functions and general procedures of the Committee on Sanitary and Phytosanitary Measures based on the provisions in the annex to this article.
The Committee shall establish an annual work programme to strengthen and promote the implementation of amsf of the WTO Agreement, in particular, the process of harmonization and equivalence of sanitary or phytosanitary measures and promote technical cooperation between the parties.
The Committee will produce an annual report to the Council on the implementation of this chapter.
Article 6.04. Settlement of Disputes
The Parties shall waive twisting application of sanitary and phytosanitary measures in the framework of their reciprocal trade. It shall be presumed twisting measures on the basis of reciprocity.
The parties, through its competent authorities may request in writing consultations to clarify or to resolve any difference on the provisions of this chapter and the requested Party shall respond within a period of fifteen (15) days of any request in this regard.
The difference is not resolved through the technical consultations referred to in paragraph 2, either party may request a dispute settlement procedure under chapter XVI (dispute settlement), in which case the arbitral tribunal shall require the advice of specialists recognized in the subject-matter of the dispute, provided that it is a matter under discussion of technical and scientific on the Application of Sanitary and Phytosanitary Measures.
To this end, the Committee will constitute a register of qualified specialists in the areas of food safety, animal health and plant health outside government management.