Article 3.15. GENERAL REQUIREMENTS FOR PROOF OF ORIGIN
For the purpose of this Chapter, Certificate of Origin refers to either an Electronic Certificate of Origin or a Paper Certificate of Origin.
1. Products originating in the territory of Israel shall, on importation into the territory of the Republic of Colombia, and products originating in the territory of the Republic of Colombia shall, on importation into Israel, benefit from this Agreement upon submission in accordance with the domestic law of the importing Party of one of the following proofs of origin:
(a) A Certificate of Origin, a specimen of which appears in Annex 3-B; or (b) in the cases specified in Article 3.19, a declaration, subsequently referred to as the "Invoice Declaration" given by an exporter on an invoice, delivery note, or any other commercial document, which describes the products concerned in sufficient detail to enable them to be identified; the text of the Invoice Declaration appears in Annex 3-C.
2. Notwithstanding paragraph 1, originating products within the meaning of this Chapter shall, in the cases specified in Article 3.23, benefit from this Agreement without it being necessary to submit any of the documents referred to above.
Article 3.16. PROCEDURES FOR THE ISSUANCE OF CERTIFICATES OF ORIGIN
1. Certificates of Origin shall be issued by the customs authorities of the exporting Party, either upon an electronic application or an application in paper form, having been made by the exporter or under the exporter's responsibility by his or her authorized representative, in accordance with the domestic regulations of the exporting Party.
2. For the purpose of paragraph 1, the exporter or his or her authorized representative shall fill out the electronic application form in accordance with Annex 3-D and in the case of applications in paper form, in accordance with Annex 3-E. These forms shall be completed in English. In special cases, the importing Party may require a translation of the certificate of origin.
3. The exporter applying for the issuance of a Certificate of Origin shall be prepared to submit at any time, at the request of the customs authorities of the exporting Party, all appropriate documents proving the originating status of the goods concerned, as well as the fulfillment of the other requirements of this Chapter.
4. Certificates of Origin shall be issued if the goods to be exported can be considered as products originating in the exporting Party in accordance with Article 3.2.
5. The customs authorities shall take any steps necessary to verify the originating status of the products and the fulfillment of the other requirements of this Chapter. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's books or any other check considered appropriate.
6. Each Certificate of Origin will be assigned a specific number by the issuing customs authorities.
7. Certificates of Origin shall be issued by the customs authorities and made available to the exporter as soon as the actual exportation has been effected or insured.
Article 3.17. CERTIFICATES OF ORIGIN ISSUED RETROSPECTIVELY
1. Notwithstanding Article 3.16.7, a Certificate of Origin may exceptionally be issued after exportation of the products to which it relates if it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances or it is demonstrated to the satisfaction of the customs authorities that the Certificate was issued but was not accepted at importation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate in his or her application the place and date of exportation of the products to which the Certificate of Origin relates, and state the reasons for his or her request.
3. The Customs Authority of the exporting Party may issue a Certificate of Origin retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.
4. It shall be indicated on the Certificates of Origin issued in accordance with this Article that they were issued retrospectively in the appropriate field as detailed in Annex 3-B.
5. The provisions of this Article shall be applied to goods which comply with the provisions of this Agreement, and which on the date of its entry into force, are either in transit or are in the territory of the Parties in temporary storage under customs control. This shall be subject to the submission to the customs authorities of the importing Party, within six months from the said date, of a Certificate of Origin issued retrospectively by the Customs Authority of the exporting Party together with documents, showing that the goods have been transported directly in accordance with the provisions of Article 3.13.
Article 3.18. DUPLICATE CERTIFICATES OF ORIGIN
1. In the event of theft, loss or destruction of a Certificate of Origin in paper form, the exporter may apply to the customs authorities that issued it for a duplicate Certificate on the basis of the export documents in their possession.
2. It shall be indicated in the appropriate field on Certificates of Origin issued in accordance with this Article that they are duplicates, as detailed in Annex 3-B.
3. The duplicate, which shall bear the date of issue of the original Certificate of Origin, shall take effect as of that date.
Article 3.19. CONDITIONS FOR MAKING OUT AN INVOICE DECLARATION
1. An Invoice Declaration as referred to in Article 3.15.1 (b) may be made out by any exporter where the value of the originating good does not exceed US $1000 dollars.
2. The exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting Party, all appropriate documents proving the originating status of the products concerned, as well as the fulfilment of the other requirements of this Chapter.
3. An Invoice Declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex 3-C. If the declaration is hand-written, it shall be written in ink in printed characters.
Article 3.20. VALIDITY OF PROOFS OF ORIGIN
1. Proofs of origin shall be valid for 12 months from the date of issue in the exporting Party, and must be submitted within that period to the customs authorities of the importing Party.
2. Proofs of origin which are submitted to the customs authorities of the importing Party after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date is due to exceptional circumstances.
3. In other cases of belated presentation, the customs authorities of the importing Party may accept the proofs of origin where the products have been submitted before the said final date.
Article 3.21. SUBMISSION OF PROOFS OF ORIGIN
Proofs of Origin shall be submitted to the customs authorities of the importing Party in accordance with the procedures applicable in that Party. Those authorities may require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for benefiting from the application of this Agreement.
Article 3.22. IMPORTATION BY INSTALLMENTS
Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonized System (HS) are imported by installments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first installment.
Article 3.23. EXEMPTIONS FROM PROOFS OF ORIGIN
1. Products sent as small packages from private persons to private persons or forming part of travellersâ personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Chapter and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration or on a sheet of paper annexed to that document.
2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.
3. Furthermore, the total value of these products shall not exceed US$ 1.000 in the case of small packages or US$ 1.000 in the case of products forming part of travellers' personal luggage.
4, For the purposes of paragraph 3, in cases where the products are invoiced in a currency other than US dollars, amounts in the national currencies of the Parties equivalent to the amounts expressed in US dollars shall be fixed in accordance with the current exchange rate applicable in the importing Party.
Article 3.24. SUPPORTING DOCUMENTS
1. The documents referred to in Articles 3.16.3 and 3.19.2 used for the purpose of proving that products covered by a Proof of Origin can be considered as products originating in the territory of either Party and fulfill the other requirements of this Chapter may consist, inter alia, of the following:
(a) direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example, in his or her books;
(b) documents proving the originating status of materials used, issued or made out in the territory of either Party where these documents are used in accordance with their respective domestic law;
(c) documents proving the working or processing of materials in the territory of either Party, issued or made out in the territory of either Party , where these documents are used in accordance with their respective domestic law;
(d) Certificates of Origin or Invoice Declarations proving the originating status of materials used, issued or made out in the territory of either Party, in accordance with this Chapter.
2. In the case where an operator situated in a non-party which is not the exporting Party, issues an invoice covering the consignment, that fact shall be indicated in the Certificate of Origin in accordance with Annex 3-B.
Article 3.25. PRESERVATION OF PROOFS OF ORIGIN AND SUPPORTING DOCUMENTS
1. The exporter applying for the issue of the Certificate of Origin shall keep for at least five years the documents referred to in Article 3.16.3.
2. The exporter making out an Invoice Declaration shall keep for at least five years a copy of this invoice declaration, as well as the documents referred to in Article 3.19.2.
3. The exporting Party or the exporter, according to domestic law of the exporting Party that issued a Certificate of Origin shall keep for at least five years any document relating to the application procedure referred to in Article 3.16.2.
4. The importing Party or the importer, according to domestic law of the importing Party, shall keep for at least five years the Certificates of Origin and the Invoice Declarations submitted.
Article 3.26. DISCREPANCIES AND FORMAL ERRORS
1. The discovery of slight discrepancies between the statements made in the proofs of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto tender the proofs of origin null and void if it is duly established that this document does correspond to the products submitted.
2. Obvious formal errors, such as typing errors, on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.
Article 3.27. MUTUAL ASSISTANCE
1. The customs authorities of the Parties shall provide each other with the addresses of the customs authorities responsible for verifying Certificates of Origin and Invoice Declarations.
2. The customs authorities of the Parties shall provide each other with specimen impressions of stamps and signatures used in their customs offices for the issuance of Certificates of Origin in paper form, where applicable.
3. Any changes to the elements referred to in paragraph 1 or 2 shall be notified by the customs authorities of the Party concerned to the customs authorities of the other Party without undue delay, indicating the date when these changes come into effect.
4. In order to ensure the proper application of this Chapter, the Parties shall assist each other, through their respective customs authorities, in checking the authenticity of the Certificates of Origin, the Invoice Declarations and the correctness of the information given in these documents. Such assistance shall include, inter alia, granting designated customs officers of one Party access to the other Party's Internet site where Electronic Certificates of Origin are stored.
Article 3.28. VERIFICATION OF PROOFS OF ORIGIN
1. Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing Party have reasonable doubts as to the authenticity of proofs of origin, the originating status of the products concerned or the fulfilment of the other requirements of this Chapter.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing Party shall submit a written request for verification of origin to the customs authorities of the exporting Party. The request for verification shall include the number of the Certificate of Origin or a copy thereof if the Certificate of Origin is in paper form, or in the case of an Invoice Declaration, a copy thereof. In support of the request for verification, where needed, the reasons for the request should be indicated, and any documents and information obtained suggesting that the information given on the proofs of origin is incorrect should be attached.
3. The verification shall be carried out by the customs authorities of the exporting Party. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.
4. If the customs authorities of the importing Party decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible, but not later than ten months from the date of the request. These results must indicate clearly whether the information contained in the proofs of origin and the supporting documents is correct, and whether the products concerned can be considered as products originating in territory of the Parties and fulfil the other requirements of this Chapter.
6. If in cases of reasonable doubt there is no reply within ten months from the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the proofs of origin or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.
7. This Article shall not preclude the exchange of information or the granting of any other assistance as provided for Annex A (Mutual Administrative Assistance in Customs Matters) to the Agreement.
8. For the purposes of this Article, communications between the customs authorities of the importing and the exporting Parties shall be conducted in the English language.
Article 3.29. DISPUTE SETTLEMENT
1. Where disputes arise in relation to the verification procedures of Article 3.28 which cannot be settled between the Customs Authority requesting a verification and the Customs Authority responsible for carrying out the verification or where a question is raised by one of the customs authorities as to the interpretation of this Chapter, the matter shall be submitted to the Sub-committee on Customs, Trade Facilitation and Rules of Origin established by the Joint Committee in accordance with Chapter 13 (Institutional Provisions) of this Agreement.
2. If no solution is reached, Chapter 12 (Dispute Settlement) of this Agreement shall apply.
3. In all cases, disputes between the importer and the customs authorities of the importing Party shall be treated under the law of the importing Party.
Article 3.30. FREE ECONOMIC ZONES
1. The exporting Party shall take all necessary measures to ensure that products covered by a proof of origin, which are transported through a free zone situated in its territory, are not substituted by other products or undergo any processing other than required for their preservation.
2. Notwithstanding paragraph 1, when products originating in the territory of either Party enter into a free zone situated in their territory under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new Certificate of Origin at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Chapter.
Chapter 4. CUSTOMS PROCEDURES
Article 4.1. CUSTOMS COOPERATION
The Parties shall cooperate in order to ensure:
1. The correct implementation and operation of the provisions of this Agreement as they relate to:
(a) importations or exportations within the framework of this Agreement;
(b) preferential treatment and claims procedures;
(c) verification procedures;
(d) customs valuation and tariff classification of goods; and
(e) restrictions or prohibitions on imports and/or exports;
2. Each Party shall designate official contact points and provide details thereof to the other Party, with a view to facilitating the effective implementation of this Chapter and Chapter 3 (Rules of Origin). If a matter cannot be resolved through the contact points, it shall be referred to the Subcommittee on Customs, Trade Facilitation and Rules of Origin as set out in this Chapter.
Article 4.2. TRADE FACILITATION
1. The Parties shall apply their respective customs laws and procedures in a transparent, consistent, fair and predictable manner in order to facilitate the free flow of trade under this Agreement.
2. Pursuant to paragraph 1, the Parties shall:
(a) simplify their customs procedures to the greatest extent possible;
(b) make use of information and communications technology in their customs procedures; and
(c) to the extent possible, provide for advance electronic submission and processing of information before the physical arrival of goods to enable the quick release of goods upon their arrival.
3. The Parties shall endeavor to improve trade facilitation by mutual consultations and exchange of information between their respective customs authorities.
Article 4.3. RELEASE OF GOODS
1. Each Party shall endeavor to ensure that its customs authority and other competent authorities shall adopt or maintain procedures that:
(a) provide for the release of goods within a period no greater than that required to ensure compliance with its customs law, and to the extent possible release the goods within 48 hours of arrival;
(b) provide for advance electronic submission and processing of information before the physical arrival of goods to enable their release upon arrival;
(c) allow goods to be released at the point of arrival, without temporary transfer to warehouses or other facilities; and
(d) allow importers to withdraw goods from customs before the final determination of the applicable customs duties, taxes, and fees, by its customs authority, according to the domestic legislation of each Party. Before releasing the goods, a Party may, according to its own domestic legislation, require an importer to provide sufficient guarantee covering the ultimate payment of customs duties, taxes or fees in connection with the importation of the goods.
2. Each Party shall endeavor to adopt and maintain procedures under which, in cases of emergency, goods can go through the customs procedures for 24 hours a day including holidays.
3, Each Party shall endeavor to ensure, in accordance with its law, that all competent administrative entities, intervening in control and physical inspection of goods subject to either imports or exports, perform their activities, simultaneously and in a single place.
Article 4.4. RISK MANAGEMENT
The Parties shall exchange information on their respective risk management techniques used in the application of their customs procedures and shall endeavor to improve them in the framework of cooperation between their respective customs authorities. In administering customs procedures and to the extent possible, each customs authority shall focus resources on high-risk shipments of goods and facilitate the clearance, including release, of low-risk goods.
Article 4.5. TRANSPARENCY
1. The Parties shall promptly publish or otherwise make publicly available, including on the Internet, their laws, regulations, administrative procedures, and administrative rulings of general application on customs matters that pertain to or affect the operation of this Agreement, so as to enable interested persons and parties to become acquainted with them.
2. Such laws, regulations, administrative procedures and administrative rulings mentioned in paragraph 1 shall include, inter alia, those pertaining to:
(a) special customs procedures such as temporary imports, imports for the purpose of repairs, alterations, refurbishments, overhauls and other similar procedures;
(b) procedures for the re-importing and re-exporting of goods;
Article 4.6. PAPERLESS CUSTOMS PROCEDURES
The Parties recognize that electronic filing in trade and in transferring of trade-related information and electronic versions of documents is an alternative to paper-based methods that will significantly enhance the efficiency of trade through reduction of cost and time. Therefore, the Parties shall cooperate with a view to implementing and promoting paperless customs procedures.
Article 4.7. ADVANCE RULINGS
1. In accordance with its domestic law, each Party shall endeavor to provide, through its customs or other competent authorities, for the expeditious issuance of written advance rulings.
2. The customs authorities or another competent authority in the importing Party shall issue advance rulings concerning:
(a) the classification of goods;
(b) the application of customs valuation criteria for a particular case, in accordance with the provisions of the Customs Valuation Agreement; and
(c) such other matters as the Parties may agree.
3. The customs authorities or another competent authority in the exporting Party shall issue advance rulings concerning compliance with the rules of origin as set forth in Chapter 3 (Rules of Origin) of this Agreement, as well as the eligibility of such goods for preferential treatment under this Agreement.
4. Each Party shall adopt or maintain procedures for the issuance of such advance tulings, including the details of the information required for processing an application for a tuling.
5. A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of an investigation or an administrative or judicial review. The Party that declines to issue an advance ruling shall promptly notify the requester in writing, setting forth the relevant facts and the basis for its decision to decline to issue the advance ruling.
6. Each Party shall provide that advance rulings shall be in force from their date of issuance, or another date specified in the ruling. Subject to paragraphs 1-5, an advance ruling shall remain in force provided that the facts or circumstances on which the ruling is based remain unchanged, or for the period specified in the laws, regulations or administrative rulings of the importing Party.
Article 4.8. UNIFORM PROCEDURES
The Joint Committee shall agree upon uniform procedures that may be necessary for the administration, application and interpretation of this Agreement in customs matters and related topics.
Article 4.9. AUTHORIZED ECONOMIC OPERATORS
1. The Parties shall promote the implementation of the Authorized Economic Operator (hereinafter referred to as "AEO") concept according to World Customs Organization SAFE Framework of Standards.
2. Each Party shall promote the granting of AEO status to its economic operators with a view of achieving trade facilitation benefits.
3. The Parties shall endeavor to promote a mutual recognition agreement for Approved Economic Operators (AEQs).
Article 4.10. REVIEW AND APPEAL
Regarding its determinations on customs matters, each Party shall grant access to:
(a) at least one level of administrative review, within the same institution, of the official or authority responsible for the determination under review; and
(b) judicial review of the determination or decision taken at the final level of administrative review.
Article 4.11. CONFIDENTIALITY
1. A Party shall maintain confidentiality of the information provided by the other Party pursuant to Chapter 3 (Rules of Origin) and this Chapter, and protect it from disclosure that could prejudice the competitive position of the person providing the information. Any violation of confidentiality shall be treated in accordance with the domestic legislation of each Party.
2. The above mentioned information shall not be disclosed without the specific permission of the Party providing such information, except to the extent that it may be required to be disclosed for law enforcement purposes or in the course of judicial proceedings.
Article 4.12. SUBCOMMITTEE ON CUSTOMS, TRADE FACILITATION AND RULES OF ORIGIN
1. The Parties agree to establish a Subcommittee on Customs, Trade Facilitation and Rules of Origin to address any customs-related issues relevant to:
(a) the uniform interpretation, application and administration of Chapter 3 (Rules of Origin), and this Chapter;
(b) addressing issues on tariff classification, valuation and determination of the origin of goods for the purposes of this Agreement;
(c) reviewing of rules of origin;
(d) including in their bilateral dialogue regular updates on changes in their respective law; and
(e) considering any other customs-related issues, referred to it by the customs authorities of the Parties, by the Parties or by the Joint Committee.
2. The Subcommittee on Customs, Trade Facilitation and Rules of Origin will meet within one year from the date of entry into force of this Agreement and shall meet thereafter as agreed upon by the Parties alternately in Israel or in Colombia.
3. The Subcommittee on Customs, Trade Facilitation and Rules of Origin shall comprise representatives of customs and, if necessary, other competent authorities from each Party and shall draw up its own rules of procedure at its first meeting.
4. The Subcommittee on Customs, Trade Facilitation and Rules of Origin may formulate resolutions, recommendations or opinions which it considers necessary and report to the Parties or to the Joint Committee.
5. The Subcommittee on Customs, Trade Facilitation and Rules of Origin may draft uniform procedures, which it considers necessary, to be submitted to the Joint Committee for its approval.
Chapter 5. TECHNICAL ASSISTANCE AND TRADE CAPACITY BUILDING
Article 5.1. OBJECTIVES
1. The Parties agree to strengthen cooperation that will contribute to the implementation of this Agreement with the aim of optimizing its results, expanding opportunities and obtaining the greatest benefits for the Parties.
2. Cooperation between the Parties should contribute to achieving the objectives of this Agreement through the identification and development of cooperation initiatives capable of providing added value to the bilateral relationship.
3. Cooperation between the Parties under this Chapter will complement the cooperation referred to in other chapters of this Agreement.