3.30. Confidentiality
Each Party shall maintain the confidentiality of the information collected in accordance with this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the person providing the information.
Section C. Other Matters
3.31. Consultation on Rules of Origin and Origin Procedures
1. The Parties shall consult regularly to ensure that this Chapter is administered effectively, uniformly and consistently with the spirit and objectives of this Agreement, and shall cooperate in the administration of this Chapter.
2. The Parties shall consult to discuss possible amendments or modifications to this Chapter, taking into account developments in technology, production processes or other related matters.
3. Prior to the entry into force of an amended version of the Harmonized System, the Parties shall consult to prepare updates to this Chapter that are necessary to reflect changes to the Harmonized System.
Chapter 4. CUSTOMS PROCEDURES AND TRADE FACILITATION
4.1. Objectives
The objectives of this Chapter are to:
(a) ensure predictability, consistency and transparency in the application of customs laws and regulations of the Parties;
(b) promote efficient administration of customs procedures, and the expeditious clearance of goods;
(c) simplify customs procedures of the Parties and harmonise them to the extent possible with relevant international standards;
(d) promote co-operation between the customs authorities of the Parties; and
(e) facilitate trade between the Parties, including through a strengthened environment for global and regional supply chains.
4.2. Scope
This Chapter shall apply to customs procedures required for goods traded between the Parties, in accordance with their laws and regulations.
4.3. Customs Procedures and Facilitation
1. Each Party shall ensure that its customs procedures and practices are predictable, consistent, transparent, and facilitate trade, including through the expeditious clearance of goods.
2. Subject to each Party's applicable laws and regulations, each customs administration shall publish all its laws, regulations, and trade-related guidelines, procedures and administrative rulings, either online or in print form.
3. Customs procedures of each Party shall, if possible and to the extent permitted by its customs laws and regulations, conform with the standards and recommended practices of the World Customs Organisation and the WTO.
4. The customs administration of each Party shall review its customs procedures with a view to their simplification, to facilitate trade.
5. Each Party shall, in a manner consistent with its laws and regulations, provide opportunities and an appropriate time period to traders and other interested parties to comment on the proposed introduction or amendment of laws and regulations of general application related to the movement, release, and clearance of goods, including goods in transit.
4.4. Customs Cooperation
Each Party shall, in accordance with its laws and regulations, cooperate with the other Party through information sharing and other activities as appropriate, to achieve compliance with their respective laws and regulations that pertain to:
(a) the implementation and operation of the provisions of this Agreement governing importations or exportations, including claims for preferential tariff treatment, procedures for making claims for preferential tariff treatment and verification procedures;
(b) the implementation, application and operation of the Customs Valuation Agreement;
(c) restrictions or prohibitions on imports or exports;
(d) investigation and prevention of customs offences, including duty evasion and smuggling; and
(e) other customs matters as the Parties may decide.
4.5. Advance Rulings
1. Each Party shall issue an advance ruling to any person with respect to:
(a) tariff classification of a product;
(b) origin of goods; and
(c) the appropriate method or criteria, and the application thereof, to be used for determining the customs value under a particular set of facts in accordance with the Customs Valuation Agreement.
2. On receipt of all necessary information, each Party shall issue an advanced ruling:
(a) with respect to tariff classification, as expeditiously as possible, and in no case later than 40 days or in such shorter time as specified in its laws and regulations;
(b) with respect to origin and valuation, as expeditiously as possible, and in no case later than 150 days or in such shorter time as specified in its laws and regulations.
3. The customs administration of each Party shall establish a validity period for an advance ruling for three years from the date of its issuance.
4. The issuing Party may modify or revoke an advance ruling if:
(a) the ruling was based on an error of fact;
(b) the information provided is false or inaccurate;
(c) there is a change in the material facts or circumstances on which the ruling was based;
(d) any of the conditions to which the Customs ruling was made subject cease to be met or complied with; or
(e) a change is required to conform with a judicial decision or a change in its laws and regulations.
5. 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.
6. When each Party revokes, modifies, or invalidates the advance ruling, it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision.
4.6. Single Window and Use of Automated System
1. Each Party shall 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 applicants through the single window in a timely manner.
2. In cases where documentation or data requirements have already been received through the single window, the same documentation or data requirements shall not be requested by participating authorities or agencies except in urgent circumstances and other limited exceptions which are made public.
3. Each Party shall adopt or maintain procedures to determine duties and taxes upon the submission of the customs declaration and to allow collection of payment electronically upon approval of the customs declaration.
4.7. Rapid Release of Goods
1. Each Party shall adopt or maintain procedures that:
(a) provide for the release of goods within a period of time no greater than that required to ensure compliance with its laws and regulations;
(b) provide, in normal circumstances, for goods to be released within 24 hours of arrival;
(c) provide for advance electronic submission and processing of information before the physical arrival of the goods to enable release of the goods on arrival; and
(d) allow the release of imported goods prior to the final determination by its customs administration of the applicable duties and taxes, provided the good is otherwise eligible for release from customs.
2. Notwithstanding paragraph 1(d) above, each Party may require importers to provide security as a condition for the release of goods if such security is required to ensure that obligations arising from the importation of the goods will be fulfilled.
3. If a Party allows for the release of goods conditioned on a security, it shall adopt or maintain procedures that:
(a) ensure that the amount of any security is no greater than that required to ensure that obligations arising from the importation of the goods will be fulfilled;
(b) ensure that any security shall be discharged as soon as possible after its customs authorities are satisfied that the obligations arising from the importation of the goods have been fulfilled; and
(c) allow:
(i) importers to provide security such as bank guarantees, bonds, or other non-cash financial instruments covering multiple entries; and
(ii) importers to provide security in any other forms specified by its customs administration.
4.8. Expedited Shipments
Each Party shall adopt or maintain expedited customs procedures for express consignments, while maintaining appropriate control and customs selection. These procedures shall:
(a) provide for pre-arrival processing of information related to express shipments;
(b) allow the submission of a single document covering all of the goods in the shipment by an express shipment service, through, if possible, electronic means,
(c) minimise, to the extent possible, the documentation required for the release of express shipments; and
(d) provide, in normal circumstances, for an express shipment to be released within four hours of the submission of necessary customs documentation.
4.9. Perishable Goods
1. With a view to preventing avoidable loss or deterioration of perishable goods, and provided all regulatory requirements have been met, each Party shall:
(a) provide for the release of perishable goods under normal circumstances in the shortest time possible; and
(b) provide for the release of perishable goods, in exceptional circumstances if it would be appropriate to do so, outside the business hours of its customs administration.
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. Each Party may require that any storage facilities arranged by the importer are approved or designated by its relevant authorities.
4. Each Party shall, if practicable and consistent with its laws and regulations, on request of the importer, provide for the release to take place at those storage facilities.
4.10. Risk Management
1. Each Party shall adopt or maintain a risk management system for assessment and targeting that enables its customs administration to focus its inspection activities on high-risk consignments and expedite the release of low-risk consignments.
2. Each Party shall design and apply risk management in a manner as to avoid arbitrary or unjustifiable discrimination, or a disguised restriction on international trade.
3. Each Party shall base risk management on an assessment of risk through appropriate selectivity criteria. Such selectivity criteria may include, inter alia, the Harmonized System code, nature and description of the goods, country of origin, country from which the goods were shipped, value of the goods, compliance record of traders, and type of means of transport.
4.11. 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) administrative review of the determination, independent (1) of the employee or office that issued the determination; and
(b) judicial review of the determination.
2. Each Party shall ensure that a customs authority that conducts a review under paragraph 1 notifies the parties to the matter in writing of its decision and the reasons for the decision. A Party may require a request as a condition for providing the reasons for a decision in the review.
Chapter 5. SANITARY AND PHYTOSANITARY MEASURES
5.1. Definitions
1. For the purposes of this Chapter:
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, set out in Annex 1A to the WTO Agreement; and
WTO SPS Committee means the Committee on Sanitary and Phytosanitary Measures established under Article 12 of the SPS Agreement.
2. The definitions in Annex A of the SPS Agreement are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis.
3. The relevant definitions developed by the International Office of Epizootics (OIE), the International Plant Protection Convention (IPPC) and the Codex Alimentarius Commission apply in the implementation of this Chapter.
5.2. Objectives
The objectives of this Chapter are to:
(a) uphold and enhance implementation of the SPS Agreement and applicable international standards, guidelines and recommendations developed by the OIE, the IPPC and the Codex Alimentarius Commission;
(b) expand trade opportunities through facilitation of trade between the Parties through seeking to resolve trade access issues, while protecting human, animal or plant life or health in the territory of the Parties;
(c) provide a means to improve communication, cooperation and resolution of sanitary and phytosanitary issues; and
(d) establish a mechanism for the recognition of equivalence of sanitary and phytosanitary measures and regionalisation practices maintained by the Parties consistent with the protection of human, plant and animal life or health.
5.3. Scope
1. This Chapter shall apply to all sanitary or phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
2. Nothing in this Chapter or any implementing arrangement under this Chapter shall limit the rights or obligations of the Parties pursuant to the SPS Agreement.
5.4. Committee to Consider Sanitary and Phytosanitary Matters
Matters relating to the implementation of this Chapter shall be considered by the competent authorities of the Parties through the Committee on Biosecurity, Food and Primary Products established under Article 15.3 (Committee on Biosecurity, Food and Primary Products).
5.5. Competent Authorities and Contact Points
1. The competent authorities responsible for the implementation of the measures referred to in this Chapter are listed in the Arrangement between New Zealand and Singapore on Competent Authorities and Contact Points (Implementing Arrangement 1). The contact points that have the responsibilities relating to notification are also set out in Implementing Arrangement 1.
2. The Parties shall inform each other of any significant changes in the structure and organisation of its competent authorities or contact points. The Committee on Biosecurity, Food and Primary Products shall amend Implementing Arrangement 1 to reflect such changes.
5.6. Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence
1. The Parties recognise that adaptation to regional conditions, including regionalisation, zoning and compartmentalisation, is an important means to facilitate trade.
2. The Parties shall take into account the relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.
3. The Parties may cooperate on the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence.
4. When an importing Party receives a request for a determination of regional conditions from an exporting Party and determines that the information provided by the exporting Party is sufficient, it shall initiate an assessment within a reasonable period of time.
5. When an importing Party commences an assessment of a request for a determination of regional conditions under paragraph 4, that Party shall promptly, on request of the exporting Party, explain its process for making the determination of regional conditions.
6. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the assessment of the exporting Party's request for a determination of regional conditions.
7. When an importing Party recognises specific regional conditions of an exporting Party, the importing Party shall communicate to the exporting Party in writing and implement the decision-within a reasonable period of time.
8. When the Parties are involved in a particular determination they may also decide in advance the risk management measures that will apply to trade between them in the event of a change in the status.
9. If the evaluation of the evidence provided by the exporting Party does not result in a determination to recognise pest- or disease-free areas, or areas of low pest and disease prevalence, the importing Party shall provide the exporting Party with the rationale for its determination.
10. If there is an incident that results in the importing Party modifying or revoking the determination recognising regional conditions, on request of the exporting Party, the Parties shall cooperate to assess whether the determination can be reinstated.
11. The Arrangement between New Zealand and Singapore on the Recognition of the Equivalence of Foreign Disease and Pest Control and Zoning Measures as They Apply to Trade (Implementing Arrangement 2) lists those areas or parts of each Party's territory that are free of certain diseases or pests and recognises the ability for the exporting party to continue to provide assurances should an incursion occur.
12. In the event of an incursion of a disease or pest specified in Implementing Arrangement 2, the importing Party shall recognise the exporting Party's measures specified in the implementing arrangement for the purposes of facilitating trade.
13. The Parties may agree to list additional diseases or pests in Implementing Arrangement 2, in accordance with the criteria set out in this Article and any additional criteria agreed.
5.7. Equivalence
1. The Parties acknowledge that recognition of the equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. Further to Article 4 of the SPS Agreement, the Parties shall apply equivalence to a group of measures or to measures on a systems-wide basis, to the extent feasible and appropriate. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures or measures on a systems- wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.
2. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and clearly identify the risk the sanitary or phytosanitary measure is intended to address.
3. When an importing Party receives a request for an equivalence assessment and determines that the information provided by the exporting Party is sufficient, it shall initiate the equivalence assessment within a reasonable period of time.
4. When an importing Party commences an equivalence assessment, that Party shall promptly, on request of the exporting Party, explain its equivalence process and plan for making the equivalence determination and, if the determination results in recognition, for enabling trade.
5. The recognition of equivalence requires an assessment and acceptance of:
(a) the legislation, standards and procedures, as well as the programmes in place to allow control and to ensure domestic and importing country requirements are met;
(b) the documented structure of the competent authorities, their powers, their chain of command, their modus operandi and the resources available to them; and
(c) the performance of the competent authorities in relation to the control and assurance programmes.
In this assessment, the Parties shall take account of experience already acquired.
6. The importing Party shall accept the sanitary or phytosanitary measure of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measure achieves the importing Party's appropriate level of protection or has the same effect in achieving the objective as the importing Party's measure.
7. When an importing Party recognises the equivalence of an exporting Party's specific sanitary or phytosanitary measure, group of measures or measures on a systems-wide basis, the importing Party shall communicate to the exporting Party in writing. The recognition shall be applied to the trade between the Parties without undue delay and shall be recorded in the Arrangement between New Zealand and Singapore on Recognition of Measures and Status (Implementing Arrangement 3) within a reasonable period of time.
8. If an equivalence determination does not result in recognition by the importing Party, the importing Party shall provide the exporting Party with the rationale for its decision.
9. Where equivalence has not been recognised or where an application is pending, trade shall take place under the conditions required by the importing Party to meet its appropriate level of protection. The exporting Party may agree to meet the importing Party's conditions, without affecting the result of the process of determining equivalence.
10. Implementing Arrangement 3 may list:
(a) those groups of measures or systems applicable to a sector or part of a sector, for which the respective sanitary or phytosanitary measures are recognised as equivalent for trade purposes;
(b) actions to enable the assessment of equivalence to be completed in accordance with the process set out in this Article, and by any agreed dates, or as specified by the importing Party; or
(c) the specific guarantees related to recognition of special status provided for in Implementing Arrangement 2; and
(d) may also list those sectors, or parts of sectors, for which the Parties apply differing sanitary or phytosanitary measures and have not concluded the determination provided for in paragraph 7.
5.8. Science and Risk Analysis
1. The Parties recognise the importance of ensuring that their respective sanitary and phytosanitary measures are based on scientific principles.
2. Each Party shall ensure that its sanitary and phytosanitary measures either conform to the relevant international standards, guidelines or recommendations or, if its sanitary and phytosanitary measures do not conform to international standards, guidelines or recommendations, ensure they are based on a risk assessment.
3. Each Party shall:
(a) ensure that its sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate against the other Party where identical or similar conditions prevail, including between its own territory and that of the other Party; and
(b) conduct its risk analysis in a manner that is documented and that provides the other Party opportunity to comment.
4. Each Party shall ensure that each risk assessment it conducts is appropriate to the circumstances of the risk at issue and takes into account reasonably available and relevant scientific data, including qualitative and quantitative information.
5. When conducting its risk analysis, each Party shall:
(a) take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations;