The competent authorities of both Parties shall provide each other upon the Agreement entering into force with the following:
(a) a specimen impression of the official stamps and signatures used in their offices for the issue of Certificate of Origin;
(b) the name and address of the competent authorities responsible for verifying the proof of origin; and
(c) a secured web address for the QR codes and electronic certificates authentications.
Section D. Consultation and Modifications
Article 3.36. Consultation and Modifications
The Parties shall consult and cooperate as appropriate through the Joint Committee to:
(a) ensure that this Chapter is applied in an effective and uniform manner; and
(b) discuss necessary amendments to this Chapter, taking into account developments in technology, production processes, and other related matters.
Chapter 4. CUSTOMS PROCEDURES AND TRADE FACILITATION
Article 4.1. Definitions
For the purposes of this Chapter:
Authorised Economic Operator(s) (AEO) means the programme which recognises an operator involved in the international movement of goods in whatever function that has been approved by the national Customs Administration as complying with the World Customs Organization (WCO) or equivalent supply chain security standards;
Customs Mutual Assistance Agreements (CMAA) means an agreement that provides the legal framework for customs cooperation and the exchange of information between customs authorities of the Parties, with a view to the correct application of customs legislation, in securing and facilitating lawful trade, as well as to prevent, detect, investigate, and repress customs offenses;
customs procedure means the measures applied by the customs authority of a Party to goods and to the means of transport that are subject to its customs laws and regulations; and
Mutual Recognition Arrangement (MRA) means the arrangement between the Parties that mutually recognise AEO authorisations that has been properly granted by one of the Customs Administrations.
Article 4.2. Scope
This Chapter shall apply in accordance with the Parties'respective national laws, rules, and regulations, to customs procedures required for clearance of goods traded between the Parties.
Article 4.3. General Provisions
1. Parties agree that their customs law and procedures shall be transparent, non-discriminatory, consistent, with predictable procedures, and to avoid unnecessary procedural obstacles to trade.
2. Customs procedures of the Parties shall conform, where possible, to the standards and recommended practices of the WCO.
3. The Customs Administration of each Party shall periodically review its customs procedures with a view to their further simplification and development to facilitate bilateral trade.
Article 4.4. Publication and Availability of Information
1. Each Party shall ensure that its laws, regulations, guidelines, procedures, and administrative rulings governing customs matters are promptly published, either on the internet or in print form.
2. Each Party shall designate, establish, and maintain one or more inquiry points to address inquiries from interested persons pertaining to customs matters, and shall endeavour to make available publically through electronic means, information concerning procedures for making such inquiries.
3. Nothing in this Article or in any part of this Agreement shall require any Party to publish law enforcement procedures and internal operational guidelines including those related to conducting risk analysis and targeting methodologies.
4. Each Party shall, to the extent practicable, and in a manner consistent with its domestic law and legal system, ensure that new or amended laws and regulations of general application related to the movement, release, and clearance of goods, including goods in transit, are published or information on them made otherwise publicly available, as early as possible before their entry into force, so that interested parties have the opportunity to become acquainted with the new or amended laws and regulations.
5. To the extent possible, each Party shall make the information referred to in paragraphs 1 and 4 available in English.
Article 4.5. Risk Management
1. The Parties shall adopt a risk management approach in their customs activities, based on its identified risk of goods, that enables their Customs Administration to facilitate the clearance of low-risk consignments, while focusing its inspection activities on high-risk goods.
2. When applying risk management, each Party shall, for the purpose of facilitating trade, use non-intrusive inspection instruments, as appropriate, in order to reduce when possible the physical examination of goods entering its territory.
Article 4.6. Paperless Communications
1. For the purposes of facilitating bilateral exchange of international trade data and expediting procedures for the release of goods trade facilitation, the Parties shall endeavour to provide an electronic environment that supports business transactions between their respective Customs Administration and their economic operators.
2. The Parties shall exchange views and information on realising and promoting paperless communications between their respective Customs Administration and their trading entities.
3. The respective Customs Administration of the Parties, in implementing initiatives which provide for the use of paperless communications, shall take into account the methodologies agreed at the WCO.
4. Each Party shall endeavour to use information technology that facilitates the release of goods. In doing so, each Party may:
(a) adopt or maintain procedures allowing for a customs declaration and related documentation to be submitted in electronic format;
(b) adopt or maintain procedures to allow for the electronic payment of duties, taxes, fees, and charges;
(c) endeavour to apply international standards;
(d) make electronic systems accessible to traders;
(e) employ electronic or automated systems for risk analysis and targeting; and
(f) work towards developing a set of common data elements and processes in accordance with the WCO Customs Data Model and related WCO recommendations and guidelines or, where appropriate, other relevant international approaches.
Article 4.7. Advance Rulings
1. In accordance with its commitments under the WTO Trade Facilitation Agreement (TFA), each Party shall provide for the issuance of an advance ruling, prior to the importation of a good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in the territory of another Party.
2. For the purposes of paragraph 1, each Party shall issue rulings as to whether the good qualifies as an originating good or to assess the good?s tariff classification. In addition, each Party may issue rulings that cover additional trade matters as specified in the TFA.
3. Each Party shall issue an advance ruling as expeditiously as possible and in accordance to its domestic laws and procedures after it has received all necessary information from the applicant. In issuing an advance ruling, the Party shall take into account the facts and circumstances that the applicant has provided.
4. The importing Party shall apply an advance ruling issued by it under paragraph 1, on the date that the ruling is issued or on a later date specified in the ruling, and remain in effect for a reasonable period of time and in accordance with the national procedures on advanced ruling, unless the advance ruling is modified or revoked.
5. The advance ruling issued by the Party shall be binding to the person to whom the ruling is issued only.
6. A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of a post clearance audit or an administrative, judicial, or quasi-judicial review or appeal. A Party that declines to issue an advance ruling shall promptly notify, in writing, the person requesting the ruling, setting out the relevant facts and circumstances and the basis for its decision.
7. The importing Party may modify or revoke an advance ruling:
(a) if the ruling was based on an error of fact;
(b) if there is a change in the material facts or circumstances on which the ruling was based;
(c) to conform with a modification of this Chapter; or
(d) to conform with a judicial decision or a change in its domestic law.
8. Each Party shall provide written notice to the applicant explaining the Party?s decision to revoke or modify the advance ruling issued to the applicant.
9. Each Party shall provide that any modification or revocation of an advance ruling shall be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall not be applied to importations of a good that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditions.
10. Notwithstanding paragraph 5, the issuing Party may postpone the effective date of the modification or revocation of an advance ruling for a reasonable period of time and in accordance with the each Party's national procedures on advance rulings, where the person to whom the advance ruling was issued, demonstrates sufficient rationale for its request for the postponement.
Article 4.8. Penalties
1. Each Party shall maintain measures imposing criminal, civil, or administrative penalties, whether solely or in combination, for violations of the Party?s customs laws, regulations, or procedural requirements.
2. Each Party shall ensure that penalties issued for a breach of customs law, regulations, or procedural requirements are imposed only on the person(s) responsible for the breach under its laws.
3. Each Party shall ensure that the penalty imposed by its Customs Administration is dependent on the facts and circumstances of the case and is commensurate with the degree and severity of the breach.
4. Each Party shall ensure that it maintains measures to avoid conflicts of interest in the assessment and collection of penalties and duties.
No portion of the remuneration of a government official shall be calculated as a fixed portion or percentage of any penalties or duties assessed or collected.
5. Each Party shall ensure that if a penalty is imposed by its Customs Administration for a breach of a customs law, regulation, or procedural requirement, an explanation in writing is provided to the person(s) upon whom the penalty is imposed, specifying the nature of the breach and the law, regulation or procedure used for determining the penalty amount.
Article 4.9. Release of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods within a period no greater than that required to ensure compliance with its customs law;
(b) provide for the electronic submission and processing of documentation and data, including manifests, prior to the arrival of the goods in order to expedite the release of goods from customs control upon arrival;
(c) allow goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities;
(d) require that the importer be informed if a Party does not promptly release goods, including, to the extent permitted by its law, the reasons why the goods are not released and which border agency, if not the Customs Administration has withheld release of the goods; and
(e) allow the release of goods prior to the final detetmination of the applicable customs duties, taxes, and fees, by its customs authority, according to the domestic legislation of each Party. Before releasing the goods, a Party may, according to its own domestic legislation, require an importer to provide sufficient guarantee covering the ultimate payment of customs duties, taxes, or fees in connection with the importation of the goods.
3. Nothing in this Article requires a Party to release a good if its requirements for release have not been met nor prevents a Party from liquidating a security deposit in accordance with its law.
4. Each Party may allow, to the extent practicable and in accordance with its customs laws, goods intended for import to be moved within its territory under customs control from the point of entry into the Party's territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.
Article 4.10. Record Keeping
Each Party shall provide a finite period with respect to record keeping obligations in its laws or regulations.
Article 4.11. Use of Customs Brokers
1. Without prejudice to the important policy concerns of the Parties that currently maintain a role for customs brokers, from the entry into force of this Agreement, Parties shall not introduce the mandatory use of customs brokers.
2. Each Party shall publish its measures on the use of customs brokers. Any subsequent modifications thereof shall be notified and published promptly.
3. With regard to the licensing of customs brokers, Parties shall apply rules that are transparent and objective.
Article 4.12. Authorized Economic Operators
The Parties shall:
(a) promote the implementation of the AEO concept according to WCO SAFE Framework of Standards;
(b) encourage the granting of AEO status to its economic operators with a view to facilitating trade and enhancing compliance and risk management procedures; and
(c) endeavour to enter into an MRA for the AEOs.
Article 4.13. Border Agency Cooperation
Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade pursuant to this Chapter.
Article 4.14. Expedited Shipments
1. Each Party shall adopt or maintain expedited customs procedures for goods entered through air cargo facilities while maintaining appropriate customs control and selection. These procedures shall:
(a) Provide for information necessary to release an express shipment to be submitted and processed before the shipment arrives;
(b) Allow a single submission of information covering all goods contained in an express shipment, such as a manifest through, if possible, electronic means; (1)
(c) To the extent possible, provide for the release of certain goods with a minimum of documentation;
(d) Under normal circumstances, provide for express shipments to be released as soon as possible after submission of the necessary customs documents, provided the shipment has arrived;
(e) endeavour to apply to shipments of any weight or value recognising that a Party may require formal entry procedures as a condition for release, including declaration and supporting documentation and payment of customs duties, in accordance with each Party's domestic laws and regulations; and
(f) Provide that, under normal circumstances, no customs duties will be assessed on express shipments valued at or below a fixed amount set under the Party's law. (2)
Each Party shall endeavour to review the amount periodically taking into account factors that it may consider relevant.
Article 4.15. Perishable Goods
1. With a view to preventing avoidable loss or deterioration of perishable goods, and provided that all regulatory requirements have been met, each Party shall provide for the release of perishable goods:
(a) under normal circumstances within the shortest possible time; and
(b) in exceptional circumstances where it would be appropriate to do so, outside the business hours of customs and other relevant authorities.
2. Each Party shall give appropriate priority to perishable goods when scheduling any examinations that may be required.
3. Each Party shall either arrange or allow an importer to arrange for the proper storage of perishable goods pending their release. The Party may require that any storage facilities arranged by the importer has been approved or designated by its relevant authorities. The movement of the goods to those storage facilities, including authorisations for the operator moving the goods, may be subject to the approval, where required, of the relevant authorities. The Party shall, where practicable and consistent with its laws and regulations, upon the request of the importer, provide for any procedures necessary for release to take place at those storage facilities.
Article 4.16. Single Window
1. The Parties shall endeavour to establish or maintain a single window, enabling traders to submit documentation or data requirements for importation, exportation, or transit of goods through a single entry point to the participating authorities or agencies. After the examination by the participating authorities or agencies of the documentation or data, the results shall be notified to the trader through the single window in a timely manner.
2. If documentation or data requirements have already been received through the single window, the same documentation or data requirements, to the extent possible, shall not be requested by participating authorities or agencies except in urgent circumstances and other limited exceptions which are made public.
3. The Parties shall use information technology to support the single window.
4. With a view towards facilitating trade, the Parties shall endeavour to explore opportunities to work towards single window interoperability.
Article 4.17. Review and Appeal
1. Each Party shall ensure that any person to whom it issues a determination on a customs matter has access to:
(a) at least one level of administrative review of determinations by its Customs Administration independent (3) of either the official or office responsible for the decision under review; and
(b) judicial review of decisions taken at the final level of administrative review.
2. Each Party shall ensure that its procedures for appeal and review are carried out in a non-discriminatory and timely manner.
3. Each Party shall ensure than an authority conducting a review or appeal under paragraph 1 notifies the person in writing of its determination or decision in the review or appeal, and the reasons for the determination or decision.
Article 4.18. Customs Cooperation
1. With a view to further enhancing customs cooperation through the exchange of information and the sharing of best practices between the Customs Administration to secure and facilitate lawful trade, the Customs Administrations of the Parties will endeavour to finalize and sign a CMAA.
2. The Parties shall, for the purposes of applying customs legislations and to give effect to the provisions of this Agreement, endeavour to:
(a) cooperate and assist each other in the prevention and investigation of offences against customs legislations;
(b) upon request, provide each other information to be used in the enforcement of customs legislations; and
(c) cooperate in the research, development and application of new customs procedures, in the training and exchange of personnel, sharing of best practices, and in other matters of mutual interest.
3. Assistance under this Chapter shall be provided in accordance with the domestic law of the requested Party.
4. The Parties shall exchange official contact points with a view to facilitating the effective implementation of this Chapter.
Article 4.19. Confidentiality
1. Any information exchanged between the Customs Administrations of the Parties under this Chapter shall be treated as confidential and shall maintain, in accordance with its domestic law, the confidentiality of information and shall protect it from any disclosure, or unauthorised access, which could prejudice the competitive position of the persons providing it.
2. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.
3. Each Party shall remain in compliance with its domestic law providing for the protection of the personal data of the persons providing it, taking into account the principles and guidelines of relevant international organisations.
Chapter 5. SANITARY AND PHYTOSANITARY MEASURES
Article 5.1. Definitions
1. The definitions in Annex A of the SPS Agreement are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis.
2. In addition, for the purposes of this Chapter:
competent authority means a government body of each Party responsible for measures and matters referred to in this Chapter;
contact points means the government body of a Party that is responsible for the implementation of this Chapter and the coordination of that Party's participation in Committee activities under Article 5.6; and
emergency measure means a sanitary or phytosanitary measure that is applied by an importing Party to the other Party to address an urgent problem of human, animal, or plant life or health protection that arises or threatens to arise in the Party applying the measure.
Article 5.2. Objectives
The objectives of this Chapter are to:
(a) protect human, animal, or plant life or health in the territories of the Parties while facilitating trade between them;
(b) reinforce the SPS Agreement;
(c) strengthen communication, consultation, and cooperation between the Parties, and particularly between the Parties' competent authorities;
(d) ensure that sanitary or phytosanitary measures implemented by a Party do not create unnecessary barriers to trade;
(e) enhance transparency in and understanding of the application of each Party?s sanitary and phytosanitary measures; and
(f) encourage the development and adoption of science-based international standards, guidelines, and recommendations, and promote their implementation by the Parties.
Article 5.3. Scope
1. This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
2. Nothing in this Chapter prevents a Party from adopting or maintaining halal requirements for food and food products in accordance with Islamic law.
Article 5.4. General Provisions
1. The Parties affirm their rights and obligations under the SPS Agreement.
2. Nothing in this Agreement shall limit the rights and obligations that each Party has under the SPS Agreement.