Article 3.26. Penalties
Each Party shall adopt or maintain appropriate penalties or other measures against violations of its laws and regulations relating to the provisions of this Chapter.
Article 3.27. Transitional Provisions for Goods In Transport or Storage
1. Within four months after the date of entry into force of this Agreement, or such longer period as allowed by the importing Party, the customs administration of the importing Party shall grant preferential tariff treatment for an originating good of the exporting Party which, on the date of entry into force of this Agreement:
(a) is in the process of being transported from the exporting Party to the importing Party; or
(b) has not been released from customs control, including from temporary storage in a warehouse regulated by the customs administration of the importing Party.
2. For the purpose of paragraph 1, the provisions of Article 3.17 shall apply, and for the purpose of this Article, a Certificate of Origin may be issued retrospectively.
Article 3.28. Sub-committee on Rules of Origin
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Rules of Origin (hereinafter referred to in this Article as "the Sub-Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing and making appropriate recommendations, as necessary, to the Joint Committee on:
(i) the implementation and operation of this Chapter;
(ii) any amendments to Annex 2 (Product Specific Rules) including amendments to reflect periodic amendments to the Harmonized System, and to Annex 3 (Data Elements for Documentary Evidence of Origin), proposed by either Party; and
(iii) Chapter 2 of the Implementing Agreement referred to in Article 1.12 (General Provisions - Implementing Agreement);
(b) considering any other matter as the Parties may agree related to this Chapter;
(c) reporting the findings of the Sub-Committee to the Joint Committee; and
(d) carrying out other functions as may be delegated by the Joint Committee. 3. The Sub-Committee shall commence a review of this Chapter, within one year following entry into force of this Agreement. This review will focus on improvements to the origin certification system. The review will also give consideration to the inclusion of additional product specific rules relating to specific manufacturing or processing operations and to extending applicable rules to goods exempted from their application at entry into force of this Agreement. The Sub-Committee will ensure that the rules as set out in subsequent agreements to which both Parties are party are, as appropriate and at the agreement of Parties, incorporated into this Agreement.
4. The Sub-Committee shall be composed of and co-chaired by representatives of the Governments of the Parties.
5. The Sub-Committee shall meet at such venues and times and by such means as may be agreed by the Parties.
Article 3.29. Amendments to Annexes 2 and 3
1. Without prejudice to the legal procedures of each Party with respect to the conclusion and amendment of international agreements, amendments relating to:
(a) Annex 2 (Product Specific Rules); or (b) Annex 3 (Data Elements for Documentary Evidence of Origin), may be made by diplomatic notes exchanged between the Governments of the Parties.
2. Any amendment pursuant to paragraph 1 shall enter into force on the date to be agreed by the Parties.
Chapter 4. Customs Procedures
Article 4.1. Scope
This Chapter shall apply to customs procedures applied to goods traded between the Parties and shall be implemented by the Parties in accordance with the laws and regulations of each Party.
Article 4.2. Definitions
For the purposes of this Chapter, the term "customs laws" means such laws and regulations administered and enforced by the customs administration of each Party concerning the importation, exportation and transit of goods, as they relate to customs duties, charges and other taxes, or to prohibitions, restrictions and other similar controls with respect to the movement of controlled goods across the boundary of the customs territory of each Party.
Article 4.3. Transparency
1. Each Party shall ensure that all relevant information of general application pertaining to its customs laws is readily available to any interested person cither in print or through the Internet.
2. When information that has been made available must be revised due to changes in a Party's customs laws, that Party shall make the revised information readily available, sufficiently in advance of the entry into force of the changes to enable interested persons to take account of them, unless advance notice is precluded.
3. On request of any interested person of the Parties, a Party shall provide, as quickly and as accurately as possible, information relating to the specific customs matters raised by the interested person and pertaining to its customs laws, and any other pertinent information of which it considers the interested person should be made aware.
4. Each Party shall designate one or more enquiry points to answer reasonable enquiries from any interested person of the Parties concerning customs matters and shall make publicly available, including through the Internet, the names, addresses and telephone numbers of such enquiry points.
Article 4.4. Customs Clearance
1. The Parties shall apply their respective customs procedures in a predictable, consistent, transparent, impartial and reasonable manner.
2. For prompt customs clearance of goods traded between the Parties, each Party shall:
(a) make use of information and communications technology;
(b) simplify its customs procedures;
(c) harmonise its customs procedures, to the extent possible, with relevant international standards and recommended practices such as those made under the auspices of the Customs Co-operation Council; and
(d) promote cooperation, where appropriate, between its customs administration and:
(i) other national authorities of the Party;
(ii) the trading communities of the Party; and
(iii) the customs administrations of non-Parties.
3. Each Party shall periodically review its customs procedures with a view to exploring ways of further facilitating legitimate trade flows between the Parties while ensuring effective enforcement of its customs laws.
Article 4.5. Advance Rulings
1. The importing Party shall provide for advance rulings that are issued, prior to the importation of a good of the exporting Party, to importers of the good or their authorised agents, or exporters or producers of the good in the exporting Party or their authorised agents, concerning the tariff classification, customs valuation and origin of the good, as well as the qualification of the good as an originating good of the exporting Party under the provisions of Chapter 3 (Rules of Origin).
2. Where a written application is made with all the necessary information and the importing Party has no reasonable grounds to deny issuance, the importing Party shall endeavour to issue such a written advance ruling as referred to in paragraph 1. The importing Party shall adopt or maintain procedures for issuing advance rulings which satisfy the requirements specified in the Implementing Agreement.
3. The advance ruling issued in accordance with paragraph 2 shall remain valid for the period determined by the importing Party, in accordance with its laws, regulations and procedures.
4. The importing Party may modify or revoke the advance ruling issued in accordance with paragraph 2 in such cases as are specified in the Implementing Agreement.
5. The importing Party shall, where appropriate, make publicly available the advance ruling issued in accordance with paragraph 2.
Article 4.6. Temporary Admission and Goods In Transit
1. Each Party shall continue to facilitate procedures for the temporary admission of goods traded between the Parties in accordance with its laws, regulations and international obligations, including those under the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods, done at Brussels on 6 December 1961, as amended.
2. Each Party shall continue to facilitate customs clearance of goods in transit from or to the other Party in accordance with paragraph 3 of Article V of the GATT 1994.
3. For the purposes of this Article, the term "temporary admission" means customs procedures under which certain goods may be brought into a customs territory conditionally, relieved totally or partially from the payment of customs duties. Such goods shall be imported for a specific purpose and intended for re-exportation within a specified period and without having undergone any change except normal depreciation due to the use made of them.
Article 4.7. Cooperation and Exchange of Information
1. The Parties shall, within the competence and available resources of their respective customs administrations, cooperate and exchange information in the field ofcustoms procedures.
2. Such cooperation and exchange of information shall be implemented as provided for in the Implementing Agreement.
Article 4.8. Review Process
Each Party shall, in relation to any decision concerning customs matters taken by the Party, provide affected parties with easily accessible processes of administrative and judicial review. Such review shall be independent from the official or office making the decision.
Article 4.9. Sub-committee on Customs Procedures
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Customs Procedures (hereinafter referred to in this Article as "the Sub-Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) identifying areas relating to this Chapter to be improved to facilitate trade between the Parties;
(c) reporting the findings of the Sub-Committee to the Joint Committee; and
(d) carrying out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee shall be composed of and co-chaired by representatives of the Governments of the Parties.
4. The Sub-Committee shall meet at such venues and times and by such means as may be agreed by the Parties.
Chapter 5. Sanitary and Phytosanitary Cooperation
Article 5.1. Scope
This Chapter shall apply to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties.
Article 5.2. Reaffirmation of Rights and Obligations
The Parties reaffirm their rights and obligations under the SPS Agreement.
Article 5.3. Cooperation
1. The Parties shall give positive consideration to further cooperation through:
(a) exchanging views and information at a bilateral level and in relevant international bodies engaged in food safety and human, animal or plant life or health issues; and
(b) facilitating the timely exchange of information on their respective SPS measures.
2. Where a Party makes a notification in accordance with subparagraph 5(b) or 6(a) of Annex B to the SPS Agreement, it shall provide a copy of the notification electronically to the other Party at the same time as the notification is provided to the World Trade Organization.
Article 5.4. Sub-committee on Sanitary and Phytosanitary Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Sanitary and Phytosanitary Cooperation (hereinafter referred to in this Chapter as "the Sub-Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) undertaking consultations, including science-based consultations, to identify and address specific issues that may arise from the application of SPS measures with the objective of achieving mutually acceptable solutions;
(c) as appropriate, reporting the findings of the Sub-Committee to the Joint Committee; and
(d) carrying out other functions as may be delegated by the Joint Committee. 3. | The Sub-Committee shall coordinate its activities with those of the relevant consultative fora of the Parties, with the objective of avoiding unnecessary duplication and maximising efficiency of efforts of the Parties on SPS measures.
4. The Sub-Committee shall be composed of and co-chaired by representatives of the Governments of the Parties with responsibility for SPS measures.
5. The Sub-Committee shall meet at such venues and times and by such means as may be agreed by the Parties.
Article 5.5. Chapter Coordinator
1. For the purposes of the effective implementation and operation of this Chapter, each Party shall designate the following governmental authority as its Chapter Coordinator:
(a) for Australia, the Department of Agriculture, or its successor; and
(b) for Japan, the Ministry of Foreign Affairs, or its successor. 2. The functions of the Chapter Coordinators shall be:
(a) coordinating the work of the Sub-Committee and facilitating the implementation of this Chapter and decisions of the Sub-Committee; and
(b) answering all reasonable enquiries from the other Party regarding SPS measures and, as appropriate, providing the other Party with other relevant information.
3. The Chapter Coordinators shall communicate with each other by any agreed method that is appropriate for the efficient and effective discharge of their functions.
Article 5.6. Non-application of Chapter 19 (dispute Settlement)
The dispute settlement procedures provided for in Chapter 19 (Dispute Settlement) shall not apply to this Chapter.
Chapter 6. Technical Regulations, Standards and Conformity Assessment Procedures
Article 6.1. Scope
1. This Chapter shall apply to technical regulations, standards and conformity assessment procedures that may, directly or indirectly, affect trade in goods between the Parties.
2. This Chapter shall not apply to purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies or to SPS measures.
3. Each Party shall take such reasonable measures as may be available to it to ensure compliance in the implementation of the provisions of this Chapter by local government and non-governmental bodies within its Area.
Article 6.2. Definitions
For the purposes of this Chapter:
(a) the term "TBT Agreement" means the Agreement on Technical Barriersto Trade in Annex 1A to the WTO Agreement; and
(b) the definitions set out in the TBT Agreement shall apply.
Article 6.3. Reaffirmation of Rights and Obligations
The Parties reaffirm their rights and obligations under the TBT Agreement.
Article 6.4. International Standards, Guides or Recommendations
1. Subject to paragraph 4 of Article 2 and paragraph 4 of Article 5 of the TBT Agreement, each Party shall use relevant international standards, guides or recommendations, or their relevant parts, as a basis for its technical regulations and conformity assessment procedures.
2. Where a Party does not use an international standard, guide or recommendation referred to in paragraph 1, or their relevant parts, as a basis for its technical regulations or conformity assessment procedures, it shall, on request of the other Party, explain the reasons therefor.
3. The Parties shall encourage their respective standardising bodies to consult and exchange views on matters under discussion in relevant international or regional bodies that develop standards, guides, recommendations or policies relevant to this Chapter.
Article 6.5. Technical Regulations
1. In accordance with paragraph 7 of Article 2 of the TBT Agreement, each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that it is satisfied that these 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, on request of the other Party, explain the reasons therefor.
Article 6.6. Conformity Assessment Procedures
1. In accordance with Article 6 of the TBT Agreement, each Party shall ensure, to the extent possible, that results of conformity assessment procedures conducted in the Area of the other Party are accepted.
2. Each Party recognises that a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment procedures conducted in the Area of the other Party. Each Party shall, on request of the other Party, provide information on the range of such mechanisms used with a view to facilitating acceptance of conformity assessment results.
3. Where a Party does not accept the results of a conformity assessment procedure conducted in the Area of the other Party as referred to in paragraph 1, it shall, on request of the other Party, explain the reasons therefor.
4. Where a Party accredits, approves, licenses, or otherwise recognises a body assessing conformity with a specific technical regulation or standard in its Area and refuses to accredit, approve, license, or otherwise recognise a body assessing conformity with that technical regulation or standard in the Area of the other Party, it shall, on request of the other Party, explain the reasons therefor.
5. Further to paragraph 3 of Article 6 of the TBT Agreement, where a Party declines a request from the other Party to engage in negotiations to conclude an agreement or arrangement on facilitating recognition in the Area of the Party of the results of conformity assessment procedures conducted by the conformity assessment bodies in the Area of the other Party, it shall, on request of the other Party, explain the reasons therefor.
Article 6.7. Transparency
1. Each Party shall allow persons of the other Party to participate in the development of technical regulations, standards and conformity assessment procedures, subject to its laws and regulations or administrative arrangements, on terms no less favourable than those accorded to its own persons.
2. Asapplicable, each Party shall recommend that non-governmental bodies in its Area observe paragraph 1 in relation to the development of standards and voluntary conformity assessment procedures.
3. Where a Party makes a notification in accordance with paragraph 9.2 or 10.1 of Article 2, or paragraph 6.2 or 7.1 of Article 5, of the TBT Agreement, it shall provide immediately a copy of the notification to the other Party electronically through the enquiry point the Party has established in accordance with Article 10 of the TBT Agreement. On request of the other Party, a Party shall provide the other Party with information regarding the objective of, and rationale for, a technical regulation, standard or conformity assessment procedure that the Party has adopted or is proposing to adopt.
Article 6.8. Sub-committee on Technical Regulations, Standards and Conformity Assessment Procedures
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Technical Regulations, Standards and Conformity Assessment Procedures (hereinafter referred to in this Chapter as "the Sub- Committee").
2. The functions of the Sub-Committee shall be:
(a) exchanging information on technical regulations, standards and conformity assessment procedures;
(b) reviewing and monitoring the implementation and operation of this Chapter;
(c) undertaking consultation on issues related to technical regulations, standards and conformity assessment procedures, including, if the Parties so decide, by establishing ad hoc working groups;
(d) discussing any issues related to this Chapter;
(e) as appropriate, reporting the findings and the outcomes of discussions of the Sub-Committee to the Joint Committee; and
(f) carrying out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee:
(a) shall be composed of and co-chaired by representatives of the Governments of the Parties; and
(b) may invite, by consensus, representatives of relevant entities other than the Governments of the Parties, with necessary expertise relevant to the issues to be discussed, to attend meetings of the Sub-Committee.
4. The Sub-Committee shall meet at such venues and times and by such means as may be agreed by the Parties.
5. Where a Party declines a request from the other Party to consult on an issue relevant to this Chapter, it shall, on request of the other Party, explain the reasons therefor.
Article 6.9. Chapter Coordinator
1. For the purposes of the effective implementation and operation of this Chapter, each Party shall designate the following governmental authority as its Chapter Coordinator:
(a) for Australia, the Department of Industry, or its successor; and
(b) for Japan, the Ministry of Foreign Affairs, or its successor. 2. The functions of the Chapter Coordinators shall be:
(a) coordinating the work of the Sub-Committee and facilitating the
implementation of this Chapter and the decisions of the Sub-Committee; and
(b) answering all reasonable enquiries from the other Party regarding technical regulations, standards and conformity assessment procedures and, as appropriate, providing the other Party with other relevant information.
3. The Chapter Coordinators shall communicate with each other by any agreed method that is appropriate for the efficient and effective discharge of their functions. Article 6.10 Information Exchange Any information or explanation that is provided on request of a Party in accordance with the provisions of this Chapter shall be provided in print or electronically within a reasonable period of time.
Article 6.11. Non-application of Chapter 19 (dispute Settlement)
The dispute settlement procedures provided for in Chapter 19 (Dispute Settlement) shall not apply to this Chapter.