Annexed Road
4. Item
5. Description
6. Classification
7. Invoice number
8. Value
9. Origin criterion
Goods
Tariff SA (6
Digits)
Invoice
No certificate:
Certificate of origin
The Free Trade Agreement and the Republic of Guatemala Republic of Peru
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 and Origin Procedures) 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 Free Trade Agreement 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:
The declaration of origin shall be completed in accordance with the following text and the footnotes contained in this Annex (these the footnotes need not be reproduced as part of the text).
The exporter "approved of the goods covered by this document
(1), number authorisation..... declara salvo que,
Otherwise specifically provided that such goods are originating in accordance with the Free Trade Agreement the Republic of Guatemala and the Republic of Peru and fulfils the criterion of origin 1 2 3
Or
(place and date)
(signed) approved by the exporter. 5 4
1 The number of approved authorization the exporter must be entered in this space.
2 must comply with any of the following criteria for claiming preferential tariff treatment:
For: the good is wholly obtained or produced entirely in the territory of one or
Both parties, 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); or
C; the good is produced in the territory of one or both parties exclusively from
Originating materials.
3 These indications may be omitted if the information is contained in the document itself.
4 is not necessary for the declaration of origin is signed by the exporter approved in accordance with article 3.18.2 exporter (approved).
5 In the case of invoicing in a country that is not a party, in accordance with Article 3.31 (invoicing by a
Third country), it shall indicate: "goods are invoiced by a non- Party (Name or by.....
The name and address of the operator that no Party issued the invoice ").
In the event that the commercial invoice or any other commercial document which is issued the Declaration contains non-originating origin of goods, it shall indicate: "the goods listed below are not originating in the framework of the Treaty:....".
Chapter 4. Trade Facilitation and Customs Procedures
41:. Publication
1. Each Party shall publish on the Internet, including its laws, regulations and customs procedures.
2. Each Party shall designate or maintain one or more enquiry points to address concerns of interested persons on Customs matters and shall make available on the Internet information concerning procedures for making such enquiries.
3. To the extent possible, each Party shall publish in advance any regulations of general application relating to customs matters that it proposes to adopt; and provide interested persons the opportunity to comment prior to its adoption.
4. Each Party shall endeavour to ensure that its laws, regulations and customs procedures are transparent and facilitate trade and non-discriminatory.
5. Information on fees and charges connected with the provision of services which affect trade provided by a Party shall be published, including on the Internet.
42:. Release of Goods
1. In order to facilitate trade between the parties; each party shall adopt or maintain simplified customs procedures for the efficient release of goods.
2. In accordance with paragraph 1, each Party shall adopt or maintain procedures that:
(a) Provided that the release of goods within a period no greater than that required to ensure compliance with its customs laws; and to the extent possible, that the goods are released within forty-eight (48) hours following their arrival; and
(b) Allow goods to be released at the point of arrival, without mandatory transfer to warehouses or other facilities, except where the Authority
Customs will need to exercise additional controls or for reasons of infrastructure.
43:. Automation
1. Each party shall endeavor to use information technology that makes efficient and expeditious procedures for the release of goods. When selecting the information technology to be used for this purpose, each Party shall:
(a) Will endeavour to use recognized rules, standards and practices
Internationally;
(b) Make electronic systems accessible to users of their customs;
(c) The submission and processing of information and data
Prior to the arrival of the goods to enable their clearance
As stated in Article 4.2;
(d) Use of electronic and / or automated systems for risk analysis and management;
(e) Work on the development of electronic systems compatible between the customs authorities of the Parties to facilitate exchange of international trade data between them; and
(f) Work to develop a set of common data elements and processes in accordance with the Customs Data Model of the World Customs Organisation (WCO), and the recommendations and guidelines related WCO.
2. Each Party shall adopt or maintain, to the extent possible, agile procedures for the control of the means of transport of goods to leave or enter into its territory.
44:. Risk Management or Administration
1. Each party shall endeavor to adopt or maintain systems of administration and management of risks to enable its customs authority its inspection activities focusing on high-risk goods and facilitate the clearance of goods low-risk, respecting the confidential nature of the information obtained through such activities.
2. In applying the administration or management of risks, each Party shall be based on the imported goods, avoiding selectivity adequate physical inspection of all goods entering into its territory, and to the extent possible, with the assistance of instruments non-intrusive inspection.
45:. Transit of Goods
Each Party shall grant freedom of transit goods of the other Party in accordance with article V of the 1994 gattde, including its interpretative notes.
46:. Consignments of Express Delivery
1. Each Party shall adopt or maintain procedures for customs consignments express delivery, while maintaining appropriate systems of control and selection according to their nature.
2. The procedures referred to in paragraph 1 shall:
(a) Provide a separate and expedited procedures for customs express delivery shipments;
(b) Provide for the submission and processing of information necessary for the release of express delivery of a consignment prior to the arrival of the shipment;
(c) Allow submission of a single manifest covering all goods contained in a shipment transported by an express delivery services through electronic means;
(d) Provide for clearance of goods and / or low risk value with a minimum of documentation;
(e) Under normal circumstances, provide for the release of express delivery shipments within six (6) hours of customs documents necessary, provided that the shipment has arrived; and
(f) Under normal circumstances, provide that shall not tariffs, for consignments express delivery of correspondence, documents, newspapers and periodicals, non-commercial purposes.
47:. Authorised Economic Operator
The Parties shall promote the implementation of economic operators authorised under the Framework of Standards to Secure and Facilitate Global Trade (known as the WCO SAFE Framework), to facilitate the clearance of goods. Its obligations, requirements and formalities shall be established in accordance with the national legislation of each party.
48:. Single Window of Foreign Trade
The Parties shall promote the establishment of a single window for streamlining of foreign trade and trade facilitation. To the extent possible, the Parties shall endeavour to interconnection between single windows of their foreign trade.
49:. Review and Appeal
Each Party shall ensure, in respect of administrative actions relating to customs, natural or legal persons subject to such acts, have access to:
(a) A level of independent administrative review of the official or office that issued the Act; and
(b) At least one level of judicial review.
410:. Sanctions
Each Party shall adopt or maintain measures to administrative penalties and, where appropriate, penal sanctions for violations of the Laws and Customs Regulations, including those governing the tariff classification and customs valuation, the origin and claims for preferential treatment.
411:. Advance Rulings
1. Each Party shall issue a written advance ruling prior to the importation of a good into its territory, when an importer in its territory or an exporter or producer in the territory of the other party 1 it has requested in writing on:
1 The references to the importer or exporter or producer include representatives duly accredited in accordance with the national legislation of the requested Party.
(a) The tariff classification;
(b) The application of customs valuation criteria for a particular case, in accordance with the application of the provisions contained in the Agreement on the WTO Customs Valuation of 2;
(c) If a good is originating under chapter 3 (Rules of Origin and Origin Procedures);
(d) If a good being re-imported into the territory of a Party after being exported to the territory of another Party for repair or alteration is eligible for duty-free treatment in accordance with article 2.6 (re-imported goods after repair or alteration); and
(e) Other matters as the parties agree.
2. Each Party shall issue an advance ruling within one hundred and fifty (150) days following the submission of the request, provided that the requester has submitted all information that requires the party, including, if requested, a sample of the goods for which the applicant is requesting the advance ruling. The issuing the advance ruling, the Party shall take into account the facts and circumstances presented by the applicant.
3. Each Party shall provide that advance rulings will enter into force from the date of its issuance or such other date specified in the ruling provided that the facts or circumstances on which the decision is based have not changed.
4. The Party issuing the advance ruling may modify or revoke after having notified to the applicant when change in criteria, facts and circumstances, laws, regulations and rules that served as basis or is based on incorrect or false information. In the event that the modification or revocation is based on a change of the criteria, facts and circumstances, laws, regulations and rules that served as basis, such revocation or modification shall be applied from the date on which such criteria, facts and circumstances, laws, regulations or standards produced effects. In case of false or incorrect information, such revocation or modification shall be applied from the date of issuance of the advance ruling.
5. Subject to any confidentiality requirements in its domestic legislation, each Party may make available to the public its advance rulings.
2 on advance rulings in respect of valuation, the Customs Authority shall act only on the valuation method to be used for determining the customs value, in accordance with the agreement on customs valuation of the WTO, i.e. the resolution shall not be determinative on the amount to declare to the customs value.
6. If a requester provides false information or omits relevant circumstances or facts relating to the advance ruling or does not act in accordance with the terms and conditions of the same, the parties may apply appropriate measures, including civil, criminal and administrative actions in accordance with the national legislation of each party.
412:.
"committee on trade facilitation and customs procedures
1. The parties establish a committee on trade facilitation and customs procedures (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 and chapter 5 (Customs Cooperation and Mutual Assistance in Customs Matters);
(b) Report to the Commission on the implementation and administration of the chapters referred to in subparagraph (a), where appropriate;
(c) Promptly address matters that a Party proposes to the development, adoption application or implementation of the chapters referred to in subparagraph (a);
(d) Enhance joint cooperation of the Parties in the development, implementation and improvement of all issues concerning the chapters referred to in subparagraph (a) include in particular customs procedures, the customs valuation, tariff regimes, the customs nomenclature, the Customs Cooperation Matters Concerning Free Zones, Mutual Administrative Assistance in Customs Matters, as well as provide a forum for consultation and discussion on these issues;
(e) At the request of a party, deal consultations on any matter arising under Chapters referred to in subparagraph (a), within a period of thirty (30) days; and
(f) Address any other matter relating to the chapters referred to in subparagraph (a).
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. Unless the parties agree otherwise, the Standing Committee shall establish its rules of procedure.
6. All decisions of the Committee shall be taken by mutual agreement.
Chapter 5. Cooperation and Mutual Assistance In Customs Matters
51:. Scope
1. The parties, through its competent authorities, shall be provided with technical and administrative assistance according to the terms set forth in this chapter for the proper application of customs legislation; for the prevention, investigation and punishment offences against customs and customs offences; and the facilitation of customs procedures. The parties, through its competent authorities shall provide mutual assistance and cooperation in customs matters in general, including the supply of such statistics and other information that is available, in accordance with the national legislation of each party.
2. Pursuant to the provisions of this chapter and subject to their national legislation, the parties, within the scope of its competence and available resources of their respective competent authorities shall cooperate and provide mutual assistance to:
(a) To facilitate and expedite the flow of goods and people between the two countries;
(b) The prevention, investigation and suppression of customs offences and customs offences; and
(c) Promote mutual understanding of the laws and customs procedures and techniques of each of the Parties.
3. Where a Party has knowledge of any unlawful activity related to its laws or regulations relating to customs, that Party may request that the other party provide specific information and documentation, in accordance with their national legislation, under certain customs operations and / or trade is wholly or partially in its territory.
4. Assistance as provided in this Chapter, shall include, inter alia, by a Party on its own initiative or at the request of the other party, any appropriate information to ensure that customs legislation is correctly and the determination of the customs duties and other taxes. However, the assistance does not cover applications for the arrest or detention of persons, confiscation or detention or return of property rights, taxes, fines or any other money on behalf of the other party, which shall be governed by the relevant international agreements.
5. This chapter is intended solely for the mutual administrative assistance in customs matters between the parties, including free zones. The provisions of this chapter does not confer entitlement to any person to obtain, suppress or exclude any evidence or prevent the delivery of a request.
6. The implementation of this chapter shall be without prejudice to the assistance or cooperation between the parties under other international agreements, including the Mutual Assistance in Criminal Matters. If the mutual assistance must be provided under other international agreements in force between the parties, the requested authority shall indicate the name of the Agreement and the relevant authorities involved.
52:. Implementation
In order to ensure the proper implementation of this chapter, each competent authority shall take the necessary measures to strengthen cooperation and assistance in the following areas:
(a) To promote the exchange of the laws, regulations and customs procedures;
(b) Exchange of information on measures to simplify customs procedures and trade facilitation and the movement of means of transport, in accordance with the national legislation of the Parties;
(c) Report on the Prohibitions or Restrictions on imports or exports;
(d) Maintain constant consultation on issues of implementation of customs procedures and trade facilitation;
(e) Periodically review its customs procedures; and
(f) Implementing measures judged necessary.
53:. Communication of Information
1. Upon request, the requested authority shall provide, in accordance with their national legislation, all information on customs legislation, regulations and procedures applicable to investigations relating to a possible illicit customs or customs offence took place in the territory of the requesting authority.
2. The competent authorities shall communicate, without delay, and any available information on:
(a) New techniques for compliance with customs legislation;
(b) New trends, means or methods used in the commission of unlawful customs and customs offences, and those used in combat them;
(c) New procedures, methods and techniques for customs facilitation; and