5. Each Party shall endeavor to publish, in physical form or on the Internet, information regarding duties and charges imposed by customs and other government agencies for services rendered in connection with the import and export of goods.
Article 4.2. CLEARANCE OF GOODS
1. In order to facilitate trade between the Parties, each Party shall adopt or maintain simplified customs procedures for the efficient clearance of goods.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods within no longer than the period required to ensure compliance with its customs legislation, and to the extent possible, within 48 hours of arrival;
(b) allow goods to be cleared at the point of arrival, without compulsory transfer to warehouses or other premises, except where the customs authority has a need to exercise additional controls or for infrastructure reasons; and
(c) allow importers, in accordance with their legislation, to remove goods from customs before all applicable customs duties, taxes and fees have been paid. For this purpose, they may require the prior presentation of a security sufficient to cover the full payment of applicable customs duties, taxes and fees in connection with the importation.
3. Each Party shall endeavor to ensure that all competent administrative entities involved in the control and physical inspection of the imported or exported good, where possible, act simultaneously, at a single place and time.
Article 4.3. AUTOMATION
1. Each Party shall endeavor to use information technology that makes the procedures for the clearance of goods expeditious and efficient. In choosing the information technology to be used for this purpose, each Party shall:
(a) shall make efforts to use internationally recognized norms, standards and practices;
(b) make electronic systems accessible to users in its customs offices;
(c) permit the electronic submission and processing of information and data prior to the arrival of the good to enable its clearance in accordance with Article 4.2;
(d) employ electronic and/or automated systems for risk analysis and risk management;
(e) work to develop compatible electronic systems between the customs authorities of the Parties to facilitate the exchange of international trade data between them;
(f) work to develop the set of common data elements and processes in accordance with the World Customs Organization Customs Data Model and related recommendations and guidelines of the World Customs Organization (hereinafter referred to as the "WCO"); and
(g) support Customs operations, in the context of paperless commercial transactions, to the extent possible, taking into account developments in these matters within the WCO.
2. Each Party shall adopt or maintain, to the extent possible, procedures that allow for expeditious control of the means of transport of goods leaving or entering its territory.
Article 4.4. RISK MANAGEMENT OR ADMINISTRATION
1. Each Party shall maintain risk management or administration systems that enable its customs authority to focus its inspection activities on high-risk goods, and that simplify the clearance and movement of low-risk goods, while respecting the confidential nature of information obtained through such activities, in accordance with its legislation.
2. In implementing risk management, each Party shall inspect imported goods based on appropriate selectivity criteria, avoiding physical inspection of all goods entering its territory, and to the extent possible, with the aid of non-intrusive inspection instruments.
Article 4.5. EXPEDITED SHIPMENTS
1. Each Party shall adopt or maintain special customs procedures for fast delivery consignments, while maintaining appropriate systems of control and selectivity in accordance with the nature of these goods.
2. The procedures referred to in paragraph 1 shall:
(a) provide for separate and expeditious customs procedures for fast delivery consignments;
(b) provide for the submission and processing of information necessary for the clearance of an express delivery consignment prior to the arrival of such consignment;
(c) permit the filing of a single cargo manifest covering all goods contained in a shipment transported by an express delivery service through electronic means;
(d) providing for the clearance of certain goods with a minimum of documentation; and
(e) under normal circumstances, provide for the clearance of express delivery shipments within six hours of the presentation of the necessary customs documents, provided that the shipment has arrived.
Article 4.6. AUTHORIZED ECONOMIC OPERATOR
1. The Parties shall promote the implementation of Authorized Economic Operator programs in accordance with the WCO Framework of Standards to Secure and Facilitate Global Trade ("SAFE Framework of Standards").
2. The obligations, requirements and formalities of the programs, as well as the benefits to be offered to eligible companies, shall be established in accordance with the legislation of each Party.
3. The Parties shall promote negotiations to reach an agreement on mutual recognition of Authorized Economic Operator programs.
Article 4.7. INTEROPERABILITY OF SINGLE WINDOWS FOR FOREIGN TRADE
The Parties shall strive to implement the interconnection between their Single Windows for Foreign Trade (hereinafter referred to as "SWs"), and to this end, no later than six months after the entry into force of this Agreement, shall adopt the necessary actions to achieve the interoperability of the SWs by providing electronic services to facilitate export and import procedures under this Agreement. These actions shall promote a set of general principles that shall characterize the electronic services provided at the binational level, among them: accessibility, security, confidentiality and use of open standards. Likewise, the Parties shall adopt an interoperability framework to guide the technical work and establish the elements or data to be exchanged, as well as the specifications that will allow the interoperability of the SWs.
Article 4.8. CONFIDENTIALITY
1. Each Party shall maintain, in accordance with the provisions of its legislation, the confidentiality of information of that nature that has been collected pursuant to this Chapter, and shall protect it from disclosure.
2. Confidential information received pursuant to this Chapter may not be used for purposes other than those provided for in this Chapter, except with the authorization of the Party that provided the information.
Article 4.9. REVIEW AND APPEAL
Each Party shall ensure, with respect to administrative acts in customs matters, that natural or legal persons subject to such acts have access to:
(a) a level of administrative review, which is independent of the official or office that issued such act; and
(b) at least one level of judicial review.
Article 4.10. SANCTIONS
Each Party shall adopt or maintain measures to permit the imposition of administrative and, where appropriate, criminal penalties for violations of its customs laws and regulations, including those governing tariff classification, customs valuation, origin, and claims for preferential treatment under this Agreement.
Article 4.11. ADVANCE RULINGS
Each Party shall issue a written advance ruling prior to the importation of a good into its territory, where an importer in its territory, or an exporter or producer in the territory of the other Party (1) has so requested in writing, regarding:
(a) tariff classification;
(b) the application of customs valuation criteria for a particular case, in accordance with the application of the provisions contained in the Customs Valuation Agreement (2);
(c) whether a good is originating under Chapter 3 (Rules of Origin and Origin Procedures); and
(d) such other matters as the Parties may agree.
2. Each Party shall issue the advance ruling within 90 days of the filing of the request, provided that the requester has submitted all information that the Party requires, including, if requested, a sample of the good for which the requester is requesting the advance ruling. The above time limit may be extended in the events contemplated by the legislation of a Party. In 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 shall be effective from the date of issuance, or other date specified in the ruling, provided that the facts or circumstances on which the ruling is based have not changed.
4. The Party issuing the advance ruling may modify or revoke it after having notified the applicant, when the criteria, facts, circumstances, laws, regulations or rules that served as the basis for its issuance change, or when it has been based on incorrect or false information. In the event that such modification or revocation is based on a change in the criteria, facts, circumstances, laws, regulations or rules on which they were based, such modification or revocation may be applied from the date on which such criteria, facts, circumstances, laws, regulations or rules take effect. In case of incorrect or false information, such modification or revocation may be applied from the date of the issuance of such advance ruling.
5. Subject to confidentiality requirements under its law, each Party may make its advance rulings publicly available.
6. If an applicant provides false information or omits relevant facts or circumstances relating to the advance ruling, or fails to act in accordance with the terms and conditions of the advance ruling, the Parties may apply appropriate measures, including civil, criminal and administrative actions in accordance with the laws of each Party.
Article 4.12. COMMITTEE ON RULES OF ORIGIN, TRADE FACILITATION, AND TECHNICAL COOPERATION AND MUTUAL ASSISTANCE ON CUSTOMS MATTERS
1. The Parties establish the Committee on Rules of Origin, Trade Facilitation and Technical Cooperation and Mutual Assistance in Customs Matters (hereinafter referred to as the "Committee"), composed of representatives of each Party.
2. The functions of the Committee shall include, inter alia:
(a) monitoring the implementation and administration of Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 and Chapter 5 (Technical Cooperation and Mutual Assistance in Customs Matters);
(b) report to the Commission on the implementation and administration of the chapters referred to in paragraph (a), as appropriate;
(c) cooperate in the effective, uniform, and consistent administration of the chapters referred to in paragraph (a);
(d) promptly addressing matters that a Party proposes with respect to the development, adoption, implementation, application, or enforcement of the provisions of the chapters referred to in paragraph (a);
(e) review and recommend to the Commission any modifications to Annex 3-A (Specific Rules of Origin), including when amendments are made to the Harmonized System;
(f) to promote the joint cooperation of the Parties in the development, implementation, application, enforcement and improvement of all matters relating to the Chapters referred to in paragraph (a), including, in particular, customs procedures, customs valuation, customs and tariff regimes, customs nomenclature, customs cooperation, matters relating to customs matters, mutual administrative assistance in customs matters, and to provide a forum for consultation and discussion on such matters;
(g) at the request of a Party, resolve any matter arising under the Chapters referred to in paragraph (a) within a period of 30 days from the filing of the request, which may be extended by mutual agreement for a maximum of two equal periods;
(h) in the required matters, propose to the Commission alternative solutions to the obstacles or inconveniences related to the chapters referred to in paragraph (a) that arise between the Parties; and
(i) deal with any other matter related to the chapters referred to in paragraph (a).
Unless otherwise agreed by the Parties, the Committee shall meet at least once a year, on the date and according to the agenda previously agreed. The first meeting of the Committee shall be held no later than one year after the date of entry into force of this Agreement. Extraordinary meetings of the Committee may be held by mutual agreement of the Parties.
4. The meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting.
5. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall develop its working rules.
6. All decisions of the Committee shall be taken by mutual agreement.
7. A Party that considers that one or more provisions of the chapters referred to in paragraph 2(a) should be modified may submit a proposal for modification, together with the technical support and studies that support it, for consideration by the Commission. The Commission may refer the matter to this Committee to prepare a report including conclusions and recommendations on the matter.
Chapter 5. TECHNICAL COOPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS
Article 5.1. SCOPE OF APPLICATION
1. The provisions of this Chapter are intended to govern technical cooperation and mutual assistance in customs matters between the Parties in accordance with the provisions of this Chapter and the legislation of each Party.
2. The Parties, through their competent authorities, shall provide technical cooperation and mutual assistance to each other in order to ensure the proper application of customs legislation, the facilitation of customs procedures, and the prevention, investigation and punishment of customs offenses.
3. Technical cooperation includes the exchange of information, legislation, best practices in customs matters, as well as the exchange of experiences, training and any kind of technical or material support appropriate for the strengthening of the Parties' customs management.
4. Mutual assistance includes the cooperation provided for in this Chapter, for the prevention, investigation and punishment of customs infractions.
5. Compliance with this Chapter shall be without prejudice to mutual assistance provided for in other international agreements concluded between the Parties. If technical cooperation or mutual assistance is provided under other international agreements in force, the requested Party shall indicate the name of the respective agreement and the relevant authorities involved.
6. Assistance in the collection of duties, taxes or fines is not covered by this Chapter.
Article 5.2. TECHNICAL COOPERATION
1. Each Party shall, in accordance with its law and within the scope of its competence and available resources, promote and facilitate technical cooperation with the respective competent authority of the other Party in order to ensure the application of customs legislation and in particular to:
(a) facilitate and expedite the flow of goods between the Parties;
(b) promote mutual understanding of each Party's customs legislation, procedures, best practices, and techniques; and
(c) provide statistics, in accordance with the laws of each Party.
2. Technical cooperation shall address, inter alia:
(a) training for the development of specialized skills of their customs officials;
(b) the exchange of professional, scientific and technical information on new technologies and methods related to customs legislation and applicable procedures;
(c) the exchange of information to facilitate trade, simplify customs procedures, the movement of means of transport and their goods and with respect to restrictions and/or prohibitions on exports and imports applied, in accordance with the legislation of the Parties;
(d) cooperation in the areas of research, development and testing of new customs procedures; or
(e) the development of initiatives in mutually agreed areas.
3. A request for technical cooperation shall be complied with as soon as possible in consideration of the competence and available resources of the requested authority.
4. Technical cooperation shall promote the development, application, implementation and improvement of all matters related to this Chapter, in particular, customs control, customs procedures, customs valuation, customs procedures and tariff nomenclature.
Article 5.3. MUTUAL ASSISTANCE
The Parties shall assist each other, in the areas within their competence, in the manner and under the conditions provided for in this Chapter, to ensure the correct application of customs legislation, in particular for the prevention, investigation and punishment of customs offences.
Article 5.4. COMMUNICATION OF MUTUAL ASSISTANCE INFORMATION
1. Upon request and in accordance with its legislation, the requested authority shall provide the requested information and any other relevant information on investigations related to a customs infringement in the territory of the applicant authority.
2. The information exchanged by the competent authorities in accordance with their legislation shall concern:
(a) persons related to a request for information;
(b) goods destined for the customs territory of the applicant authority, or sent in international transit with or without temporary storage, for onward transit to that territory;
(c) customs operations carried out in its territory and means of transport used in connection with the application; or
(d) customs offenses that may be of interest to the other Party in the context of the application.
Article 5.5. EXECUTION OF MUTUAL ASSISTANCE REQUESTS
1. Upon request, the requested authority shall send to the requesting authority information on:
(a) the correspondence of the documents produced in support of the customs declaration made to the requesting authority;
(b) whether the goods exported from the territory of the requesting authority have been lawfully imported into the territory of the requested authority;
(c) whether the goods imported into the territory of the requesting authority have actually been exported from the territory of the requested authority; and
(d) information on the determination of the customs value.
2. At the request of the requesting authority, the requested authority shall, within the framework of its laws or regulations, take the necessary measures to ensure special surveillance of:
(a) goods transported or likely to be transported in such a way that there are indications that they are intended to be used in the commission of infringements of customs legislation; or
(b) means of transport being or likely to be used in such a way that there are indications that they are intended to be used in the commission of customs offences.
Article 5.6. FORM AND CONTENT OF MUTUAL ASSISTANCE REQUESTS
1. Requests for mutual assistance under this Chapter shall be addressed in writing to the requested authority by the applicant authority, in physical form or by electronic means, attaching applicable documents. The requested authority may request confirmation of requests in physical form when they are made by electronic means.
2. In cases of urgency a request may be made orally. Such a request shall be confirmed in writing, in physical form or by electronic means as soon as possible.
3. Requests made pursuant to paragraph 1 shall include the following details:
(a) the name, signature and position of the official making the request;
(b) the information requested and the reason for the request;
(c) a brief description of the subject matter including a summary of the relevant facts and of the investigations already carried out, if applicable, as well as the legal elements and the nature of the customs procedure;
(d) the names, addresses, identification document or any other known relevant information of the persons to whom the application relates; and
(e) the necessary information available to identify the goods or the customs declaration related to the application.
4. The information referred to in this Chapter shall be communicated to the officials specially designated for this purpose by each competent authority. To this end, each Party shall keep the competent authority of the other Party informed of the updated list of designated officials.
5. If a request does not meet the formal requirements set forth above, the requested authority may request that it be corrected or completed; in the meantime, appropriate surveillance measures may be taken in accordance with the legislation of the relevant Party.
Article 5.7. EXECUTION OF MUTUAL ASSISTANCE REQUESTS
1. A complete response to a request for mutual assistance shall be provided within a maximum of 60 days from receipt of the written request.
2. Upon request, the requested authority may conduct an investigation in accordance with the powers established in the legislation, to obtain information related to a customs infringement and shall provide the requesting authority with the results of such investigation and all related information it deems relevant.
3. If the requested information is available in electronic form, the requested authority may provide it electronically to the requesting authority, unless the requesting authority has requested otherwise.
4. Duly authorized officials of a Party may, with the agreement of the requested authority and subject to the conditions, laws and other legal instruments established by the latter, be present at the offices and proceedings of the requested authority for the purpose of obtaining relevant information in the context of an investigation aimed at establishing a customs infringement.
Article 5.8. EXCEPTIONS TO THE OBLIGATION TO PROVIDE MUTUAL ASSISTANCE
1. Mutual assistance may be refused or may be subject to compliance with certain conditions or requirements in cases where a Party considers that assistance under this Chapter would:
(a) be prejudicial to the sovereignty of the Party from which assistance has been requested;
(b) be prejudicial to public order and safety;
(c) violate an industrial, commercial or professional secret duly protected by its law; or
(d) be unconstitutional or contrary to its law.
2. The requested authority may postpone assistance where it considers that it may interfere with an ongoing investigation, criminal prosecution or administrative proceeding. In such a case, the requested authority shall consult with the requesting authority to determine whether assistance should be given at a later stage.
3. Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
4. In the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons for it must be communicated without delay to the requesting authority.
Article 5.9. SPONTANEOUS ASSISTANCE
For the correct application of customs legislation, to the extent of its possibilities and competencies, each Party shall provide assistance on its own initiative, by supplying information in accordance with its legislation, related to:
(a) cases involving damage to the economy, public health, public safety or other vital interest of a Party;
(b) new means or practices employed in the commission of customs offenses; or
(c) in the other cases referred to in Article 5.4.
Article 5.10. VALIDITY OF INFORMATION
1. Upon request, the requested authority may certify copies of the documents requested.
2. Documents furnished under this Chapter shall not require for their evidentiary validity additional certification, authentication, or any other type of solemnity than that provided by the competent authority and shall be considered authentic and valid.
3. Any information to be exchanged under this Chapter may be accompanied by additional information that is relevant to interpret or use it.
Article 5.11. USE OF INFORMATION
Information, documents and other materials shall be used only for the purposes set forth in this Chapter, and subject to such restrictions as may be established by the Party, consistent with the provisions of its legislation, including in cases where it is required in the framework of administrative proceedings, judicial or investigative processes carried out by the competent authority or whoever appropriate.