14. The suspension of preferential tariff treatment under paragraph 13, shall be communicated by the competent authority of the importing Party to the exporter or producer, importer and to the competent authority of the exporting Party, stating the grounds of law and fact that justify its determination, respecting the confidentiality of the information.
327:.
Measures to ensure the interest "
1. In case of doubts the release of the goods into the authenticity of the evidence of origin or on the origin of the goods, including the correctness of the information given on the Proof of Origin, the customs authority shall not prevent the release of the goods. However, the customs authority may adopt the measures it considers necessary to ensure the interest, in accordance with its national legislation.
2. When the importing Party may take measures to ensure the interest, may request information in accordance with paragraph 3 relating to the authenticity of the evidence of origin, within a period not exceeding sixty (60) days of the adoption of such measures; otherwise, it shall terminate the measures taken within a period not exceeding ninety (90) days from the request for release of measures by the importer to the customs authority of the importing Party, which may be extended by up to an additional thirty (30) days in exceptional cases.
3. The competent authority of the importing Party may request information by means of a written request to the authorized body responsible for the issuance of the certificate of origin; or to the competent authority of the exporting Party, as appropriate, for the purpose of checking the authenticity of the certificate of origin. In the case of declarations of origin to the competent authority of the importing Party may request information by means of a written request to the competent authority of the exporting Party or, where applicable, to the authorized body of the exporting Party to verify the authenticity of the declarations of origin.
In both cases, the competent authority or the authorised body of the exporting Party, as appropriate, shall have a period of sixty (60) days from the date of receipt of the request to provide the information requested.
4. In the event that the competent authority of the importing Party receives the documentation and information requested within the time period established or the exporting party does not recognize the authenticity of the evidence of origin, it may deny preferential tariff treatment to the goods covered by a proof of origin subject to review and implement measures taken to ensure the interest.
5. Where the competent governmental authority or authorised body of the exporting Party, as appropriate, recognizing the authenticity of the evidence of origin, the importing Party shall issue a determination by accepting the preferential tariff treatment and to lift the measures taken to ensure the interest in a period not exceeding ninety (90) days from the request for release of measures by the importer to the customs authority of the importing Party, which may be extended by up to an additional thirty (30) days in exceptional cases.
6. If there are doubts as to the origin of the goods, including the correctness of the information given on the Proof of Origin, the competent authority of the Party
The importing shall initiate the process of verification of origin in accordance with article 3.26 within a period not exceeding sixty (60) days have taken measures to ensure the interest. Otherwise shall accept the preferential tariff treatment for and to lift the measures taken to ensure the interest, within a period not exceeding ninety (90) days from the request for release of measures by the importer to the customs authority of the importing Party, which may be extended by up to an additional thirty (30) days in exceptional cases.
7. If the competent authority of the importing Party does not issue a determination of origin within the period referred to in article 3.26.11 shall accept the preferential tariff treatment for and to lift the measures taken and guaranteeing the interest, within a period not exceeding ninety (90) days from the request for release of measures by the importer to the customs authority of the importing Party, which may be extended by up to an additional thirty (30) days in exceptional cases.
8. If as a result of the conclusion of the verification of origin in accordance with article 3.26 determines:
(a) The originating status of the goods, the importing Party shall accept the application of preferential tariff treatment and to lift the measures taken to ensure the interest in a period not exceeding 90 days following the request for release of measures by the importer to the customs authority of the importing Party, which may be extended by up to an additional thirty (30) days in exceptional cases, or
(b) The nature of the non-originating goods, the importing Party shall refuse the application of preferential tariff treatment and shall implement measures taken to ensure the interest.
328:. Sanctions
Each Party shall adopt or maintain criminal, civil or administrative penalties for violations of the provisions of this chapter, in accordance with its national law.
329:. Resources of Review and Appeal
Each Party shall ensure, in respect of their administrative actions related to the determination of origin, importers, exporters or producers have access to:
(a) A level of independent administrative review of the official or office that issued the administrative act; and
(b) To a level of judicial review of the administrative act.
330:. Confidentiality
1. Each Party shall maintain, in accordance with its laws, the confidentiality of information provided in the context of a process of verification of origin.
2. Such information shall not be disclosed without the express consent of the person re-delivered, except in the case that required in the context of judicial or administrative proceedings.
3. Any violation of the confidentiality shall be treated in accordance with the national legislation of each party.
331:. Invoicing by a Third Country
Where an importation of goods originating in accordance with the provisions of this chapter, the invoice submitted at the time of importation may be issued by a person located in the territory of a non- party. In such a case, they shall indicate the name of the operator that no Party issued the invoice in the box remarks of the certificate of origin or in the event that the goods covered by a declaration of origin, this information shall be indicated in the same.
332:. Uniform Regulations
1. The Parties may establish, through their respective national laws and regulations, at the date of Entry into Force of this Treaty, or such other date as the parties agree, the uniform regulations concerning the interpretation, application and administration of this chapter.
2. Once the uniform regulations, each Party shall exercise of any modification or addition to this not later than one hundred and eighty (180) days after the respective agreement between the parties or within any other period as they may agree.
333:. Committee on Rules of Origin
1. The parties establish a committee on rules of origin (hereinafter referred to as the Committee), comprising representatives of each party.
2. The functions of the Committee shall include:
(a) Monitor the implementation and administration of this chapter;
(b) Report to the Commission on the implementation and administration of this chapter, where appropriate;
(c) Cooperate in the uniform and consistent, effective administration of this chapter; and promote cooperation in this regard;
(d) Review and recommend to the Commission any modification to Annex 3, including where amendments to the Harmonized System;
(e) Propose to the parties through the Commission, amendments to this chapter. The proposed modification shall be submitted at the request of one or both parties; or who shall submit proposals for technical support and studies; and
(f) Address any other matter related to this chapter.
3. Unless the parties agree otherwise, the Committee shall meet at least one (1) year, on a date and with an agenda agreed by the parties. The parties determine cases where it may make extraordinary meetings.
4. Meetings may be conducted by any means agreed by the parties. If they are witnessing, alternately in the territory of each party and shall be based on the Party hosting the meeting.
5. All decisions of the Committee shall be taken by mutual agreement.
334:. Certificate
Where originating goods of a party are re-exported from the Colón Free Zone in the territory of the other party, shall accompany a re-export certificate, which shall be issued by the customs authorities of Panama and validated by the administrative authority the Colón Free Zone, certifying that the goods have remained under customs control and have not changed, suffered a further processing or any other operation other than those necessary to keep them in good condition. These originating goods covered by a certificate of re-export and proof of origin, shall benefit from the preferential tariff treatment.
335:. Definitions
For the purposes of this chapter:
Aquaculture means the farming of aquatic species or upbringing including inter alia: fish, molluscs, crustaceans, other invertebrates and plants, covering their complete or partial life-cycle from such as seeds undersized fish, eggs and larvae, fingerlings. Done at an average selected and controlled by natural or artificial water environments in both marine, brackish or sweet waters.Activities include or planting of settlement and resettlement or reseeding, cultivation and research activities and the processing of products from such activity.
Competent authority means:
(a) In the case of Guatemala, the Ministry of Economy; and
(b) In the case of Peru, the Ministry of Foreign Trade and Tourism, or their successors;
CIF means the value of the imported goods, including the cost of insurance and freight up to the port or place of entry into the country of importation, regardless of the means of transport;
Packing materials and containers for shipment means goods used to protect a good during its transportation and does not include and packaging materials in which the goods are empaca for retail sale;
Authorized entity means:
(a) In the case of Guatemala, the Ministry of Economy; and
(b) In the case of Peru, the entity designated by the competent authority to issue the certificate of origin in accordance with domestic law; in the case of Peru, the competent authority is responsible for the issuing of the certificate of origin and may delegate the issue of the same to authorized entities,
Or their successors;
Exporter means a person located in the territory of a Party from which the good is exported;
FOB means the value of the good free on board, including the cost of transport to final site or the port of shipment, regardless of the means of transport;
Importer means a person located in the territory of a party into which the goods are imported;
A good means material that is used in the production of goods, including any another ingredient, raw material, component or part, piece;
Originating intermediate material means that a material is produced by the producer of a good and used in the production of those goods;
Goods means any material or product, article;
Materials means fungible goods or goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical and which cannot be distinguished from one another for mere visual examination;
Identical goods means identical goods, as defined in the agreement on customs valuation of the WTO;
Non-originating non-originating material means a good or good or a material that is not originating in accordance with this chapter;
Generally accepted accounting principles means recognized the substantial support and authoritative or consensus adopted in the territory of a Party with respect to the recording of income, expenditure, assets and liabilities; the disclosure of information and the preparation of financial statements. The generally accepted accounting principles may encompass broad guidelines of general application as well as detailed rules, practices and procedures;
Production means the cultivation, production, harvesting, fishing, hunting, trapping, upbringing, processing, manufacture or assembly of goods; and
Producer means a person who is involved in the production of a good in the territory of a party.
1. The name and address of the exporter:
Tel Fax
E-mail:
Tax registration number:
No certificate:
Certificate of origin
The Free Trade Agreement and the Republic of Guatemala Republic of Peru instructions (see overleaf)
2. The name and address of the producer:
Tel Fax
E-mail:
Tax registration number:
3. The name and address of the importer:
Telephone:
E-mail:
Tax registration number:
Fax:
4. Item
5. Description
6. Classification
7. Invoice number
8. Value
9. Origin criterion
Goods
Tariff SA (6-digit)
Invoice
10. Remarks
11. Declaration by the exporter:
The undersigned hereby declares under oath that the information contained in the certificate of origin is correct and true and that the goods were produced in
(country)
And comply with the provisions of chapter 3 (rules of origin) established in the Free Trade Agreement the Republic of Guatemala and the Republic of Peru, and exported to
(importing country) Place and date Signature of the exporter
12. Certification of the entity authorized:
On the basis of the control carried out, is hereby certified that the information herein above is correct and that the described goods comply with the provisions of the Treaty of Free Trade between the Republic of Guatemala and the Republic of Peru.
Date and place, name and signature and seal of the Authorized Body
Address:
Telephone:
E-mail:
Fax:
Instructions to complete the Certificate of Origin
For the purposes of obtaining preferential tariff treatment, this document shall be legibly filled in and supplemented by the exporter of the goods, and certified by the entity or entrelíneas authorised intact, amendments and the importer shall bear in its possession at the time the import declaration to fill in print or machine (mould).
No certificate:
Serial number of the original certificate of origin assigned by the entity authorized.
Area 1:
Indicate the name or business name, address (including the city and the country), telephone number and the number of tax registration of the exporter.
Facsimile number and e-mail indicate, if known.
The number of registration tax shall be to:
- Guatemala: the tax identification number (N.
I. T.)
- Peru: a unique registration number of contributors (UK
C. ) or any other document approved in accordance with the national legislation.
Area 2:
Indicate the name or business name, address (including the city and the country), telephone number and the registration number of the Prosecutor of the producer.
Facsimile number and e-mail indicate, if known.
In the event that the certificate for goods of more than one producer, bring: "" A and Annex A list of producers, including the name or business name, address (including the city and the country), telephone number and the number of registration tax, by direct reference to the goods described in the field. 5
Facsimile number and e-mail indicate, if known.
Area 3:
Indicate the name or business name, address (including the city and the country), telephone number and the registration number of the Prosecutor of the importer.
Facsimile number and e-mail indicate, if known
Area 4:
The section of the goods in a commensurate manner, in the event that it requires more space may be annexed road annexed.
Field: 5
Provide a complete description of goods. The description shall be sufficiently detailed to relate to the description of the goods contained in the invoice, as well as with the description that applicable to goods in the Harmonized System (HS).
Field: 6
For each good described in the field (6) 5 identifies six digits in the tariff classification of the Harmonised System (HS).
Field: 7
For each good described in the field, 5 indicate the invoice number. In the event that the goods are invoiced by an operator of a non- party and that has no commercial invoice, should be noted in this area the number of the commercial invoice issued by the exporting Party.
Field: 8
In this field should indicate the invoice value. It may include the invoice value for each item or items by the total. In the event that goods are invoiced by an operator of a country that is not a party to the optional for the exporter shall indicate the invoice value.
Field: 9
For each good described in the field 5, it shall indicate the criterion of origin for the good that qualifies as originating in accordance with the following:
For: the good is wholly obtained or produced entirely in the territory of one or both
Part s. As Defined In Article 3
2 (Goods wholly obtained or produced entirely.
B: the good is produced in the territory of one or both parties from materials not
Originating, who meet the change in tariff classification, the regional value content or other specific rules of origin set out in annex 3 (specific rules of origin).
C:
The good is produced in the territory of one or both parties exclusively from originating materials.
10 field:
11: 12 field:
This field shall be used when there is any further comments on this certificate, inter alia, when the goods that are the subject of trade is invoiced by an operator of a non- party. In such a case, they shall indicate the name or business name and address (including town and country) the operator of the country that is not a party.
The field should be completed, signed and dated by the exporter.
The field should be completed, signed, dated and signed by the authorised officer of the accredited entity to issue certificates of origin.