Article 415. Confidentiality
1. Each Party shall maintain, in accordance with its domestic law, the confidentiality of the information collected pursuant to this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information. Where the Party receiving the information is required by its law to disclose information, that Party shall notify the Party or person who provided that information.
2. Each Party shall ensure that the confidential information collected pursuant to this Chapter shall not be used for purposes other than the administration and enforcement of determinations of origin and of customs matters, except with the permission of the person or Party who provided the confidential information.
3. Notwithstanding paragraph 2, information collected pursuant to this Chapter or Chapter Three (Rules of Origin) may be used in any administrative, judicial or quasi-judicial proceedings instituted for failure to comply with customs related laws and regulations implementing Chapter Three (Rules of Origin) and this Chapter. A Party shall notify the person or Party who provided the information in advance of such use.
Article 416. Express Shipments
Each Party shall adopt or maintain separate and expedited customs procedures for express shipments, while maintaining appropriate customs control and selection. These procedures shall:
(a) where applicable, use the WCO Guidelines for the Immediate Release of Consignments by Customs;
(b) to the extent possible or where applicable, provide for advance electronic submission and processing of information before physical arrival of express shipments to enable their release upon arrival;
(c) to the extent possible, provide for clearance of certain goods with a minimum of documentation;
(d) provide for release of express shipments within a period no greater than that required to ensure compliance with its legislation;
(e) not be limited by a maximum weight; and
(f) consistent with the Party's legislation, provide simplified documentary requirements for the entry of low value goods as determined by that Party.
Article 417. Review and Appeal
Each Party shall, in accordance with its domestic law, ensure that decisions (1) made pursuant to this chapter, are subject to:
(a) at least one level of administrative review independent of either the official or office responsible for the decision under review; and
(b) judicial or quasi-judicial review of the decision taken at the final level of administrative review.
Article 418. Penalties
Each Party shall adopt or maintain measures that allow for the imposition of criminal, civil or administrative penalties for violations of its laws and regulations relating to this Chapter.
Article 419. Advance Rulings
1. Each Party shall, through its competent authority, provide for the expeditious issuance of written advance rulings, prior to the importation of a good into its territory, to an importer in its territory or an exporter or a producer in the territory of the other Party, or its duly authorized representative as provided by domestic law, on the basis of the facts and circumstances presented by such importer, exporter or producer of the good, concerning:
(a) tariff classification, applicable rate of customs duty, any tax applicable on importation or information about the application of quotas;
(b) whether a good re-entered into the territory of a Party after being temporarily exported to the territory of the other Party for repair or alteration qualifies for duty-free treatment in accordance with Article 205 (National Treatment and Market Access for Goods - Goods Re-Entered After Repair or Alteration);
(c) whether a good is originating in accordance with Chapter Three (Rules of Origin);
(d) such other matters as the Parties may decide upon.
2. Each Party shall adopt or maintain procedures for the issuance of advance rulings, including a detailed description of the information reasonably required to process an application for a ruling and, where practical and useful, a sample of the good.
3. Each Party shall provide that its competent authority:
(a) may, at any time during the course of an evaluation of an application for an advance ruling, request supplemental information to be provided within no less than 30 days, from the person requesting the ruling;
(b) shall, after it has obtained all necessary information from the person requesting an advance ruling, issue the ruling within 120 days; and
(c) shall provide to the person requesting the ruling a full explanation of the reasons for the ruling.
4. Where application to a Party's competent authority for an advance ruling involves an issue that is the subject of:
(a) a verification of origin;
(b) a review by or appeal to the competent authority; or
(c) judicial or, where applicable, quasi-judicial review, in that Party's territory, the competent authority may decline or postpone the issuance of the ruling.
5. Each Party shall provide that an advance ruling shall be in effect from its date of issuance, or another date specified in the ruling, and will remain in effect unless relevant facts or circumstances change. Each Party shall apply an advance ruling to importations into its territory of the good for which the ruling was requested, beginning on the date of its issuance or such later date as may be specified in the ruling.
6. Each Party shall provide consistent treatment with respect to the application for advance rulings, provided that the facts and circumstances are identical in all material respects.
7. The issuing Party may modify or revoke an advance ruling after the Party notifies the requester. The issuing Party may modify or revoke a ruling retroactively only if the ruling was based on inaccurate or false information.
8. Each Party shall provide that, where an importer claims that the preferential tariff treatment granted to an imported good should be governed by an advance ruling, the competent authority may evaluate whether the facts or circumstances of the importation are consistent with those on which the advance ruling was based.
Article 420. Trade Facilitation Sub-committee
1. The Parties hereby establish a Sub-Committee on Trade Facilitation, which shall meet on request of the Committee on Trade in Goods or upon request of either Party. The functions of the Sub-Committee shall include:
(a) proposing to the Committee on Trade in Goods the adoption of customs practices and standards that facilitate commercial exchange between the Parties, in accordance with international standards;
(b) proposing to the Committee on Trade in Goods solutions to disagreements related to:
(i) interpretation, application and administration of this Chapter,
(ii) tariff classification and customs valuation matters related to determinations of origin, and
(iii) practices and procedures adopted by either Party that may affect the flow of trade between the Parties;
(c) any other matter considered appropriate by the Committee on Trade in Goods.
2. If the Sub-Committee on Trade Facilitation does not reach a decision on tariff classification, the Parties shall refer the matter to the WCO for decision. The Parties shall, to the greatest extent possible, apply that decision.
Article 421. Future Work Program
1. With the objective of developing further steps to facilitate trade under this Agreement, the Parties shall, as appropriate, identify and submit for the consideration of the Commission new measures aimed at facilitating trade between the Parties, taking as a basis the objectives and principles set forth in Article 408.
2. Through the Parties' respective customs administrations and other border-related authorities as appropriate, the Parties shall review relevant international initiatives on trade facilitation, such as the Compendium of Trade Facilitation Recommendations, developed by the United Nations Conference on Trade and Development and the United Nations Economic Commission for Europe, to identify areas where further joint action would facilitate trade between the Parties and promote shared multilateral objectives.
Article 422. Implementation
The obligations in Article 412 and Article 413 shall take effect for Colombia two years after the date of entry into force of this Agreement.
Article 423. Definitions
For purposes of this Chapter: competent authority means:
(a) with respect to Canada, the Canada Border Services Agency or its successor notified in writing to the other Party;
(b) with respect to Colombia, the Ministerio de Comercio, Industria y Turismo, or the Dirección de Impuestos y Aduanas Nacionales, or their successors notified in writing to the other Party;
customs administration means the authority that is responsible under the law of a Party for the administration of customs laws and regulations;
identical goods means goods that are the same in all respects, including physical characteristics, quality and reputation, irrespective of minor differences in appearance that are not relevant to a determination of origin of those goods under Chapter Three (Rules of Origin);
pattern of conduct means at least two instances of false or unsupported representations by an exporter or producer of a good resulting in at least two written determinations being sent to that exporter or producer;
WCO means the World Customs Organization.
The following terms shall be interpreted as defined in Chapter Three (Rules of Origin):
(a) indirect material;
(b) material;
(c) net cost of a good;
(d) producer;
(e) production; and
(f) customs value.
Chapter Five. Sanitary and Phytosanitary Measures
Article 501. Objectives
1. The objectives of this Chapter are to:
(a) protect human, animal and plant life or health in the territory of each Party;
(b) ensure that the Parties' sanitary and phytosanitary measures do not create unjustified barriers to trade; and
(c) enhance the implementation of the SPS Agreement.
Article 502. Scope and Coverage
This Chapter applies to all sanitary and phytosanitary measures that may, directly or indirectly, affect trade between the Parties.
Article 503. Relation to other Agreements
1. The Parties affirm their existing rights and obligations with respect to each other under the SPS Agreement.
2. The Parties agree to use the WTO dispute settlement procedures for any formal disputes regarding sanitary and phytosanitary measures.
Article 504. Committee on Sanitary and Phytosanitary Measures
1. The Parties hereby establish a Committee on Sanitary and Phytosanitary Measures, comprising representatives of each Party from the relevant trade and regulatory agencies, ministries or other institutions who have responsibilities for sanitary and phytosanitary matters.
2. The Committee shall consider, inter alia:
(a) the design, implementation and review of technical and institutional co-operation programs;
(b) consultations related to the development and application of sanitary and phytosanitary measures;
(c) as needed and taking into account guidelines developed or being developed by the WTO Committee on Sanitary and Phytosanitary Measures, the Committees of the Codex Alimentarius Commission, the International Plant Protection Convention (IPPC), and the World Organization for Animal Health (OIE), the development of guidelines for the practical implementation of:
(i) mutual recognition and equivalence agreements,
(ii) the recognition of pest-or disease-free areas,
(iii) risk assessment procedures, or
(iv) product control, inspection and approval procedures;
(d) the review and assessment of progress of specific bilateral sanitary and phytosanitary market access issues;
(e) the promotion of enhanced transparency of sanitary and phytosanitary measures;
(f) the identification and resolution of sanitary and phytosanitary-related problems;
(g) the promotion of bilateral consultations on sanitary and phytosanitary issues under discussion in multilateral and international fora such as the WTO SPS Committee, the Committees of the Codex Alimentarius Commission, the IPPC, the OIE, and other international and regional fora on food safety, human, animal, and plant health; and
(h) the establishment of ad hoc technical working groups, as needed. (1)
3. Unless the Parties otherwise agree, the Committee shall meet no later than six months following the entry into force of this Agreement. The Committee shall establish its rules of procedures and work program at that meeting.
4. Following its initial meeting, the Committee shall meet as required, normally on an annual basis, and report on its activities and work program to the Commission as necessary. The Committee may meet in person, through teleconference, videoconference, or by any other means that ensures its effective operation and the fulfilment of its responsibilities.
5. Upon entry into force of this Agreement, each Party shall designate a Contact Point to coordinate the Committee's agenda and to facilitate communications on trade-related sanitary and phytosanitary matters.
Article 505. Sanitary and Phytosanitary Issue Avoidance and Resolution
1. The Parties agree to work expeditiously to resolve any specific sanitary and phytosanitary trade-related issues and, to this end, commit to carry out the necessary technical level discussions to resolve any such issue including an assessment of the scientific basis of the measure at issue.
2. The Parties agree to avail themselves of all reasonable options to avoid and resolve sanitary and phytosanitary issues, including meeting in person, using technological means (via teleconference, videoconference) and opportunities that may arise in international fora.
3. In the event that the Parties are unable to resolve an issue expeditiously by technical level discussions, a Party may refer the issue to the Committee. The Committee should consider any matter referred to it as expeditiously as possible.
4. Pursuant to paragraph 3, in the event that the Committee is unable to resolve an issue expeditiously, the Committee shall, upon request of a Party, report promptly to the Commission on the matter.
Chapter Six. Technical Barriers to Trade
Article 601. Objectives
The objectives of this Chapter are to:
(a) improve the implementation of the TBT Agreement;
(b) ensure that standards, technical regulations, and conformity assessment procedures, including those related to metrology, do not create unnecessary obstacles to trade; and
(c) enhance joint cooperation between the Parties in order to resolve specific issues related to the development and application of standards, technical regulations and conformity assessment procedures, thereby facilitating the conduct of international trade in goods.
Article 602. Affirmation of the Tbt Agreement
Further to Article 102 (Initial Provision and General Definitions - Relation to Other Agreements), the Parties affirm with respect to each other their existing rights and obligations under the TBT Agreement.
Article 603. Scope
1. The provisions of this Chapter apply to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures, including those related to metrology, of national government bodies, that may affect the trade in goods between the Parties.
2. This Chapter does not apply to:
(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; or
(b) sanitary and phytosanitary measures.
Article 604. Joint Cooperation
1. The Parties shall strengthen their joint cooperation in the areas of standards, technical regulations, conformity assessment and metrology with a view to facilitating the conduct of trade between the Parties.
2. Pursuant to paragraph 1, the Parties shall seek to identify, develop and promote bilateral initiatives regarding standards, technical regulations, conformity assessment procedures and metrology that are appropriate for particular issues or sectors, taking into consideration the Parties' experience in regional and multilateral arrangements or agreements. Such initiatives may include:
(a) regulatory or technical cooperation programs directed at reaching effective and full compliance with the obligations set forth in this Chapter and the TBT Agreement;
(b) initiatives to develop common views on good regulatory practices such as transparency, the use of equivalency and regulatory impact assessment; and
(c) the use of mechanisms to facilitate the acceptance of the results of conformity assessment procedures conducted in the other Party's territory.
3. A Party shall give positive consideration to any reasonable sector-specific proposal made by the other Party for further cooperation under this Chapter.
Article 605. International Standards
1. Each Party shall use relevant international standards, guides and recommendations as a basis for its technical regulations and conformity assessment procedures in accordance with Articles 2.4 and 5.4 of the TBT Agreement.
2. In determining whether an international standard, guide, or recommendation exists within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement, each Party shall follow, to the greatest possible extent, the principles set out in Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995, G/TBT/1/Rev.8, 23 May 2002, Section IX (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement).
3. Each Party shall encourage its national standardizing bodies to cooperate with the relevant national standardizing bodies of the other Party in international standardizing activities. Such cooperation may take place through the Parties' activities in regional and international standardizing bodies of which they are both members.
Article 606. Technical Regulations
1. Each Party shall give positive consideration to accepting technical regulations of the other Party as equivalent to its own, even if the regulations differ from its own, provided it is satisfied that the regulations adequately fulfil the objectives of its own regulations.
2. Where a Party does not accept a technical regulation of the other Party as equivalent to its own, it shall, at the request of the other Party, explain its decision. The Parties recognize that it may be necessary to develop common views, methods and procedures to facilitate the use of equivalency.
3. At the request of a Party that has an interest in developing a technical regulation similar to that of the other Party, the other Party shall provide, to the extent practicable, relevant information, studies, or other documents, except for confidential information, on which it has relied in the development of the technical regulation. The Parties recognize that it may be necessary to agree on the scope of a specific request.
Article 607. Conformity Assessment
1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For example:
(a) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the territory of the other Party;
(b) a Party may recognize the results of conformity assessment procedures conducted in the territory of the other Party;
(c) a Party may agree with the other Party to accept the results of conformity assessment procedures that bodies located in the other Party's territory conduct with respect to specific technical regulations;
(d) a Party may designate conformity assessment bodies located in the territory of the other Party;
(e) a conformity assessment body located in the territory of a Party may enter into voluntary arrangements with a conformity assessment body located in the territory of the other Party to accept the results of each other's assessment procedures; and
(f) the importing Party may rely on a supplier's declaration of conformity.
2. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision so that corrective action may be taken, when appropriate, by the requesting Party.
3. Where a Party declines a request from the other Party to enter into negotiations to conclude an agreement for recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's territory, it shall explain the reasons for its decision.
4. Further to paragraph 2 of Article 604, the Parties shall cooperate by:
(a) exchanging information on the range of mechanisms that exist to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory;
(b) promoting the accreditation of conformity assessment bodies on the basis of relevant international standards and guides;
(c) promoting the acceptance of results of conformity assessment bodies that have been recognized under a relevant multilateral agreement or an arrangement between their respective accreditation systems or bodies; and
(d) encouraging their conformity assessment bodies, including accreditation bodies, to participate in cooperation arrangements that promote the acceptance of conformity assessment results.
Article 608. Transparency
1. Each Party shall ensure that transparency procedures regarding the development of technical regulations and conformity assessment procedures allow interested parties to participate at an early appropriate stage when amendments can still be introduced and comments taken into account, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. Where a consultation process respecting the development of technical regulations and conformity assessment procedures is open to the public, each Party shall permit persons of the other Party to participate on terms no less favourable than those accorded to its own persons.
2. Each Party shall recommend to standardization bodies in its territory that they observe paragraph 1 with respect to their consultation processes for the development of standards and voluntary conformity assessment procedures.
3. Each Party shall transmit electronically to the other Party's enquiry point, established under Article 10 of the TBT Agreement, at the same time it submits its notification to the WTO Central Registry of Notifications in accordance with the TBT Agreement:
(a) its proposed technical regulations and conformity assessment procedures, and