(b) during or after the visit, to provide information relating to the origin of the good in the possession of the competent governmental authority or its designee.
2. When requesting the exporting Country to conduct a visit pursuant to paragraph 1 or 6 of this Article, the importing Country shall deliver a written communication with such request to the exporting Country at least 40 days in advance of the proposed date of the visit, the receipt of which is to be confirmed by the latter Country. The competent governmental authority of the exporting Country shall request the written consent of the exporter, or the producer of the good in the territory of the exporting Country whose premises are to be visited.
3. The communication referred to in paragraph 2 of this Article shall include:
(a) the identity of the relevant authority issuing the communication;
(b) the name of the exporter, or the producer of the good in the territory of the exporting Country whose premises are requested to be visited;
(c) the proposed date and place of the visit;
(d) the objective and scope of the proposed visit, including specific reference to the good subject of the verification referred to in the certificate of origin; and
(e) the names and titles of the officials of the relevant authority of the importing Country to be present during the visit.
4. The exporting Country shall respond in writing to the importing Country, within 30 days of the receipt of the communication referred to in paragraph 2 of this Article, if it accepts or refuses to conduct a visit requested pursuant to paragraph 1 or 6 of this Article.
5. The competent governmental authority of the exporting Country shall, in accordance with its laws and regulations, provide within 45 days or any other mutually agreed period from the last day of the visit, to the relevant authority of the importing Country the information obtained pursuant to paragraph 1 or 6 of this Article.
6. (a) In cases where the relevant authority of the importing Country considers as exceptional, that relevant authority may, before or during the request for checking referred to in Article 43, put forward the exporting Country a request referred to in paragraph 1 of this Article.
(b) Where the request referred to in subparagraph (a) is made, Article 43 shall not be applied.
Article 45. Determination of Origin and Preferential Tariff Treatment
1. The relevant authority of the importing Country may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Country or where the importer fails to comply with any of the relevant requirements of this Chapter.
2. The competent governmental authority of the exporting Country shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the relevant authority of the importing Country except where the certificate has been returned to the competent governmental authority. The relevant authority of the importing Country may determine that the good does not qualify as an originating good of the exporting Country and may deny preferential tariff treatment when it receives the notification.
3. The relevant authority of the importing Country may
determine that a good does not qualify as an originating
good of the exporting Country and may deny preferential
tariff treatment, and a written determination thereof shall
be sent to the competent governmental authority of the
exporting Country:
(a) where the competent governmental authority of the
exporting Country fails to respond to the request
within the period referred to in paragraph 2 of
Article 43 or paragraph 5 of Article 44;
(b) where the exporting Country refuses to conduct a
visit, or that Country fails to respond to the
communication referred to in paragraph 2 of
Article 44 within the period referred to in
paragraph 4 of Article 44; or
(c) where the information provided to the relevant
authority of the importing Country pursuant to
Article 43 or 44, is not sufficient to prove that
the good qualifies as an originating good of the
exporting Country.
4. After carrying out the procedures outlined in Article
43 or 44 as the case may be, the relevant authority of the
importing Country shall provide the competent governmental
authority of the exporting Country with a written
determination of whether or not the good qualifies as an
originating good of the exporting Country, including
findings of fact and the legal basis for the determination.
The competent governmental authority of the exporting
Country shall inform such determination by the relevant
authority of the importing Country to the exporter, or the
producer of the good in the territory of the exporting
Country, whose premises were subject to the visit referred
to in Article 44.
Article 46. Confidentiality
1. Each Country shall maintain, in accordance with its laws and regulations, the confidentiality of information provided to it as confidential pursuant to this Chapter, and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.
2. Information obtained by the relevant authority of the importing Country pursuant to this Chapter:
(a) may only be used by such authority for the purposes of this Chapter; and
(b) shall not be used by the importing Country in any criminal proceedings carried out by a court or a judge, unless the information is requested to the other Country and provided to the former Country, through the diplomatic channels or other channels established in accordance with the applicable laws of the requested Country.
Article 47. Penalties and Measures Against False Declaration
1. Each Country shall establish or maintain, in accordance with its laws and regulations, appropriate penalties or other sanctions against its exporters to whom a certificate of origin has been issued and its producers of the goods in the territory of the exporting Country referred to in subparagraph 7(b) of Article 40, for providing false declaration or documents to its competent governmental authority or its designees prior to the issuance of certificate of origin.
2. Each Country shall, in accordance with its laws and regulations, take measures which it considers appropriate against its exporters to whom a certificate of origin has been issued and its producers of the goods in the territory of the exporting Country referred to in subparagraph 7(b) of Article 40, for failing to notify in writing to the competent governmental authority of the exporting Country or its designees without delay after having known, after the issuance of certificate of origin, that such good does not qualify as an originating good of the exporting Country.
Article 48. Miscellaneous
1. Communications between the importing Country and the exporting Country shall be conducted in the English language.
2. For the application of the relevant product specific rules set out in Annex 2 and the determination of origin, any applicable valuation method under the Generally Accepted Accounting Principles in the territory of the exporting Country shall be applied.
Article 49. Sub-Committee on Rules of Origin
1. For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub- Committee on Rules of Origin (hereinafter referred to in this Article as “the Sub-Committee”) established in accordance with Article 14 shall be:
(a) reviewing and monitoring:
(i) the implementation and operation of this Chapter;
(ii) any amendments to Annexes 2 and 3, proposed by either Country; and
(iii) the Operational Procedures referred to in Article 50;
(b) discussing any issues related to this Chapter;
(c) reporting the findings and the outcome of discussions of the Sub-Committee to the Joint Committee; and
(d) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 13.
2. The Sub-Committee shall meet at such venues and times as may be agreed by the Countries.
3. The Sub-Committee shall be:
(a) composed of representatives of the Governments; and
(b) co-chaired by officials of the Governments.
Article 50. Operational Procedures
Upon the date of entry into force of this Agreement, the Joint Committee shall adopt the Operational Procedures that provide detailed regulations pursuant to which the customs authorities, the competent governmental authorities of the Countries defined in Article 27 and the relevant authorities of the Countries shall implement their functions under this Chapter.
Chapter 4. Customs Procedures
Article 51. Scope
1. This Chapter shall apply to customs procedures required for the clearance of goods traded between the Countries.
2. This Chapter shall be implemented by the Countries in accordance with the laws and regulations of each Country and within the competence and available resources of their respective customs authorities.
Article 52. Definitions
For the purposes of this Chapter:
(a) the term “customs authority” means the customs authority as defined in subparagraph (b) of Article 27; and
(b) the term “customs laws” means such laws and regulations administered and enforced by the customs authority of each Country 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 items across the boundary of the customs territory of each Country.
Article 53. Transparency
1. Each Country shall ensure that all relevant information of general application pertaining to its customs laws is publicly available in the Country.
2. At the request of the interested person of the Countries, each Country shall endeavour to provide information relating to the specific customs matters raised by the interested person and pertaining to its customs laws. Each Country shall supply not only the information specifically requested but also any other pertinent information relating to customs matters which it considers the interested person should be made aware of.
Article 54. Customs Clearance
1. Both Countries shall endeavour to apply customs procedures in a predictable, consistent and transparent manner.
2. For prompt customs clearance of goods traded between the Countries, each Country shall:
(a) make use of information and communications technology;
(b) simplify its customs procedures;
(c) harmonise its customs procedures, as far as possible, with relevant international standards and recommended practices such as those made under the auspices of the Customs Co-operation Council; and
(d) promote co-operation, wherever appropriate, between:
(i) its customs authority and other national authorities; and
(ii) its customs authority and the trading communities of the Country.
3. Each Country shall provide affected parties in itsterritory with accessible processes of administrative and judicial review in relation to the action taken by the Country.
Article 55. Temporary Admission and Goods In Transit
1. Each Country shall continue to facilitate the procedures for the temporary admission of goods traded between the Countries in accordance with the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods, as may be amended (hereinafter referred to in this Article as “the A.T.A. Convention”).
2. Each Country shall continue to facilitate customs clearance of goods in transit from or to the territory of the other Country in accordance with paragraph 3 of Article V of the GATT 1994.
3. The Countries shall endeavour to promote, through seminars and courses, the use of A.T.A. carnets pursuant to the A.T.A. Convention for the temporary admission of goods and the facilitation of customs clearance of goods in transit in the territories of the Countries or third States.
4. 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 shall be 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 56. Co-operation and Exchange of Information
1. The Countries shall co-operate and exchange information with each other on customs matters.
2. The co-operation and exchange of information on customs matters shall be implemented as provided for in the Implementing Agreement.
Article 57. Capacity Building
The area of co-operation pursuant to paragraph 2 of Article 56 shall include capacity building, such as training, technical assistance and exchange of experts.
Article 58. Sub-Committee on Customs Procedures
1. For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub- Committee on Customs Procedures (hereinafter referred to in this Article as “the Sub-Committee”) established in accordance with Article 14 shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) identifying areas to be improved for facilitating trade between the Countries;
(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 in accordance with Article 13.
2. The Sub-Committee shall meet at such venues and times as may be agreed by the Countries.
3. The composition of the Sub-Committee shall be specified in the Implementing Agreement.
Chapter 5. Technical Regulations, Standards and Conformity Assessment Procedures
Article 59. Scope and Objectives
1. This Chapter shall apply to technical regulations, standards and conformity assessment procedures as defined in the Agreement on Technical Barriers to Trade in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Agreement as “TBT Agreement”), and adopted by the Countries that may directly or indirectly affect trade in goods between the Countries. It shall not apply to purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies and sanitary and phytosanitary measures as defined in the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Agreement as “SPS Agreement”).
2. The Countries shall develop co-operation and conduct
consultation in the field of technical regulations,
standards and conformity assessment procedures.
3. The Countries, recognising the rights and obligations
as referred to in Article 60, shall establish a framework
under this Chapter for joint efforts of the Countries to
ensure that technical regulations do not create unnecessary
obstacles to the trade in goods between the Countries and
for possible mutual recognition arrangements between the
Countries in the most appropriate and cost-effective
manner.
Article 60. Reaffirmation of Rights and Obligations
The Countries reaffirm their rights and obligations relating to technical regulations, standards and conformity assessment procedures under the TBT Agreement.
Article 61. Technical Regulations
1. The Countries shall, where appropriate and consistent with their rights and obligations under the TBT Agreement, endeavour to work towards harmonisation of their respective technical regulations based on international standards, recommendations and guidelines.
2. Each Country shall give positive consideration to accepting as equivalent technical regulations of the other Country, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of its own regulations.
3. A Country shall, upon the request of the other Country and where appropriate, explain the reasons why it has not accepted a technical regulation of the other Country as equivalent to its own.
4. The Countries may co-operate with each other in the context of their participation in international standardising bodies to ensure that international standards developed within such organisations that are likely to become a basis for technical regulations are trade facilitating and do not create unnecessary obstacles to trade.
Article 62. Acceptance of Results of Conformity Assessment Procedures
1. Each Country shall ensure, whenever possible, that results of the conformity assessment procedures in the territory of the other Country are accepted, even when those procedures differ from its own, provided it is satisfied that the procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. The Countries recognise that prior consultations may be necessary in order to arrive at a mutually satisfactory understanding with regard to such matters as provided for in paragraphs 1.1 and 1.2 of Article 6 of the TBT Agreement.
2. A Country shall, upon the request of the other Country and where appropriate, explain the reasons why it has not accepted the results of conformity assessment procedures in the territory of the other Country.
Article 63. Mutual Recognition Arrangements
1. Each Country, upon the request of the other Country, shall enter into negotiations for possible mutual recognition arrangements on the results of conformity assessment procedures, conducted by conformity assessment bodies of the exporting Country to assess conformity to importing Country’s requirements, in the sectors which both Countries agree upon.
2. With a view to facilitating the negotiation for possible mutual recognition arrangements referred to in paragraph 1 of this Article:
(a) the Countries shall take into consideration that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures;
(b) the Countries shall, recognising the existence of differences in the structure and operation of conformity assessment procedures in their respective territories, endeavour to make compatible the conformity assessment procedures to the greatest extent practicable; and
(c) in order to build confidence in the reliability of results of conformity assessment procedures conducted by conformity assessment bodies of the other Country, a Country may consult with the other Country, as appropriate, on such matters as the technical competence of the conformity assessment bodies of the other Country.
Article 64. Co-operation
1. Both Countries shall develop co-operation in the field of technical regulations, standards and conformity assessment procedures. Such co-operation may include:
(a) joint studies, seminars and symposia;
(b) establishing or improving of infrastructure in
calibration, testing, inspection, certification
and accreditation to meet relevant international
standards, recommendations and guidelines;
(c) where appropriate, effectively using the existing framework for mutual recognition developed by relevant regional and international bodies;
(d) research and development;
(e) exchange of information;
(f) exchange of Government officials for training purposes; and
(g) technical assistance and co-operation in connection with the Countries’ compliance with the TBT Agreement.
2. The implementation of this Article shall be subject to the availability of funds and the applicable laws and regulations of each Country.
Article 65. Sub-Committee on Technical Regulations, Standards and Conformity Assessment Procedures
1. For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub- Committee on Technical Regulations, Standards and Conformity Assessment Procedures (hereinafter referred to in this Article as “the Sub-Committee”) established in accordance with Article 14 shall be:
(a) exchanging information on technical regulations, standards and conformity assessment procedures;
(b) exchanging lists of conformity assessment bodies registered or accredited by relevant registration or accreditation authorities of each Country;
(c) reviewing and monitoring the implementation and operation of this Chapter;
(d) undertaking consultation on issues related to technical regulations, standards and conformity assessment procedures;
(e) discussing any issues related to this Chapter;
(f) reporting the findings and the outcome of discussions of the Sub-Committee to the Joint Committee; and
(g) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 13.
2. The Sub-Committee shall convene its inaugural meeting within one year after this Agreement enters into force and subsequently meet at such times as may be agreed by the Countries. The Sub-Committee shall meet at such venues as may be agreed by the Countries.
3. The Sub-Committee shall be: (a) composed of representatives of the Governments, and may invite representatives of relevant entities other than the Governments with the necessary expertise relevant to the issues to be discussed; and (b) co-chaired by officials of the Governments.
Article 66. Enquiry Points
Each Government shall designate an enquiry point to answer all reasonable enquiries from the other Government regarding technical regulations, standards and conformity assessment procedures and, if appropriate, provide the other Government with other relevant information which it considers the other Government should be made aware of.
Article 67. Non-Application of Chapter 13
The dispute settlement procedures provided for in Chapter 13 shall not apply to this Chapter.
Chapter 6. Sanitary and Phytosanitary Measures
Article 68. Scope
This Chapter shall apply to all sanitary and phytosanitary (hereinafter referred to in this Chapter as “SPS”) measures under the SPS Agreement, that may, directly or indirectly, affect trade in goods between the Countries.
Article 69. Reaffirmation of Rights and Obligations
The Countries reaffirm their rights and obligations relating to SPS measures under the SPS Agreement.
Article 70. Sub-Committee on Sanitary and Phytosanitary Measures
1. For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub- Committee on Sanitary and Phytosanitary Measures (hereinafter referred to in this Article as “the Sub- Committee”) established in accordance with Article 14 shall be:
(a) exchanging information on such matters as occurrences of SPS incidents in the territories of the Countries and third States, and change or introduction of SPS related regulations and standards of the Countries, which may, directly or indirectly, affect trade in goods between the Countries;
(b) notifying to either Country of information on potential SPS risks recognised by the other Country;
(c) undertaking science-based consultation to identify and address specific issues that may arise from the application of SPS measures with the objective to achieve mutually acceptable solutions;
(d) reviewing the implementation and operation of this Chapter;
(e) reporting the findings of the Sub-Committee to the Joint Committee; and
(f) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 13.
2. Both Countries, through the Sub-Committee, shall co- operate in the areas of SPS measures including capacity building, technical assistance and exchange of experts subject to the availability of appropriated funds and the applicable laws and regulations of each Country.
3. The Sub-Committee shall convene its inaugural meeting within one year after this Agreement enters into force and subsequently meet at such times as may be agreed by the Countries. The Sub-Committee shall meet at such venues as may be agreed by the Countries.
4. The Sub-Committee shall be:
(a) composed of representatives of the Governments; and
(b) co-chaired by officials of the Governments.
5. The Sub-Committee may, if necessary, establish ad hoc technical working groups as its subsidiary bodies.
Article 71. Enquiry Points
Each Government shall designate an enquiry point to answer all reasonable enquiries from the other Government regarding SPS measures referred to in Article 68 and, if appropriate, provide the other Government with the relevant information.
Article 72. Non-Application of Chapter 13
The dispute settlement procedures provided for in Chapter 13 shall not apply to this Chapter.
Chapter 7. Investment
Article 73. Scope
1. This Chapter shall apply to measures adopted or maintained by a Country relating to:
(a) investors of the other Country; and
(b) investments of investors of the other Country in the former Country.
2. In the event of any inconsistency between this Chapter and Chapter 8:
(a) with respect to matters covered by Articles 75, 76 and 79, Chapter 8 shall prevail to the extent of inconsistency; and
(b) with respect to matters not falling under subparagraph (a), this Chapter shall prevail to the extent of inconsistency.
3. Nothing in this Chapter shall impose any obligation on either Country regarding measures pursuant to immigration laws and regulations. Note: In respect of Malaysia, measures referred to in this paragraph include those pursuant to the immigration policies endorsed by the Cabinet, and announced and made publicly available in a written form by the Government of Malaysia.