1. In determining the origin of the goods shall be considered as originating in a Party, materials originating from the other party, incorporated in the production or transformation of such goods.
2. This approach shall apply to both the general rules of origin and the specific requirements of origin.
Article 4.7. Shipment, Transportation and Transit of Goods
1. For goods benefiting from preferential treatment, they shall have been consigned directly from the exporting Party to the importing Party. To this end, it considers direct consignment:
(a) The goods are transported without passing through the territory of a country that is not a party;
(b) Goods in transit through one or more non- parties with or without trans-shipment or temporary storage under the surveillance of the customs authorities of the country, provided that transited
(i) The transit is justified for reasons or geographical considerations transport requirements,
(ii) They are not designed to use or trade, employment in the country of transit; and
(iii) Not undergo during transportation or storage, any operation other than unloading cargo handling or to keep them in good condition or to ensure its preservation.
In the event that the goods are deposited, may be stored for a period not exceeding six months after the entry of the goods in the country of transit no party.
2. For the purposes of paragraph 1 (b), the importer of the goods at the request of the customs authority of the importing Party shall deliver a copy of any document of customs control, to the satisfaction of the customs authority, indicating that the good remained under customs supervision of the country transited, in the territory of the country that is not a party.
Article 4.8. Billing by a Non-Party Operator
1. When the goods that are the subject of trade is invoiced by an operator of a non- party, the producer or exporter of the country of origin shall draw on the certificate of origin in the respective area concerning "" comments that the goods subject to its statement shall be invoiced from a third country no Party, identifying the name, the name and address of the operator shall ultimately invoiced the operation of destination.
2. In the situation referred to in the preceding paragraph and, exceptionally, if at the time of the certificate of origin is not known, the number of the commercial invoice issued by an operator of a non- party, it shall use the mechanism under Article 4.9.11.
Article 4.9. Certificates of Origin
1. The certificate of origin is document that serve to certify that a good being exported from the territory of a party into the territory of the other party qualifies as originating Under the terms and provisions of this chapter so that the good qualifies for preferential treatment under this Agreement.
2. For the declaration and certification of origin of the goods, using the form in annex 4.9, which shall have an affidavit of final producer or exporter of the good to the full implementation of the provisions of this chapter concerning the origin and the accuracy of the data and information contained in the certificate.
3. The application for the certificate of origin shall be accompanied by the commercial invoice and an affidavit of the producer with the necessary records to demonstrate in documentary form the goods that meet the requirements such as:
(a) A company or business name;
(b) Legal domicile;
(c) Description of the goods to be exported and naladisa code;
(d) FOB value of the goods;
(e) The materials used in the production process or processing indicating:
(i) Materials from the exporting Party;
(ii) Materials of the importing Party;
(iii) Non-originating materials indicating:
NALADISA Codes, CIF value in United States dollars and percentage of participation in the FOB value of the goods.
4. The declaration shall be provided with adequate advance for each application for certification. In the case of goods that are exported regularly, and provided that the process materials and components were not altered, the declaration shall be valid until two years from the date of its issuance.
5. Where the exporter is not the producer of the goods, the producer shall provide the declaration of origin to the exporter, so that it may submit to the certification authority.
6. The issuing of the certificate of origin shall be in charge of official departments, to be nominated by each party, which may delegate the issue of the same in other public or private entities, acting under national jurisdiction.
7. The parties shall maintain current official departments and public or private entities empowered to issue certificates of origin, with the registration of the handwritten signatures of the officials accredited for this purpose, duly registered in the General Secretariat of ALADI.
8. The amendments shall operate in such records will enter into force within 30 days from the date of communication to the General Secretariat of ALADI.
9. The certificate of origin shall be issued within 7 days of the submission of the request and shall be valid for one year from the date of its issuance. The certificate shall be issued only in the form attached to annex 4.9, null and void if it is duly completed in the fields concerned.
10. The certificate of origin must be issued after the date of issuance of the commercial invoice for the operation concerned.
11. Notwithstanding paragraphs 3 and 10, in the event that the modalities for the marketing of a particular goods shall issue an invoice temporary before a final, shall accept a Certificate of Origin issued by the First, shall be entered in box
"comments" such circumstances and why no account at that time on the commercial invoice. However, at the time of importation of the commercial invoice shall be final.
Article 4.10. Background of the Certificate and Deadlines
1. Certification authorities shall number correlatively certificates issued and storing a copy for a minimum period of five years from the date of its issuance. Such record will include all the material that formed the basis for the issuance of the certificate.
2. Furthermore, these entities shall maintain a permanent register of all the Certificates of Origin issued, which shall contain at least the number of the licence, the applicant and the date of its issuance.
3. The exporter applying for a certificate of origin and producers to issue a sworn declaration of origin pursuant to Article 4.9 shall keep, for a minimum period of five years from the date of issuance of the Certificate of Origin documents necessary to demonstrate the origin of the goods, particularly those relating to the acquisition and cost of goods and materials referred to in subparagraphs (d) and (e) of Article 4.9.3 respectively and those connected with the production of the good in the form in which it was exported.
4. Each Party shall provide that an importer claiming preferential tariff treatment maintained in its territory for a minimum period of five years from the date of importation, the documentation required by the party in connection with the importation of goods including a copy of the certificate of origin.
Article 4.11. Request for Preferential Tariff Treatment
Each Party shall require an importer claiming preferential tariff treatment for a good imported into its territory from the territory of the other party that:
(a) Declare in the importation document establishes that its legislation, based on a valid certificate of origin, that the goods qualify as originating;
(b) The certificate of origin in its possession at the time the statement referred to in subparagraph (a);
(c) In possession of the document certifying that they comply with the requirements of issuance, transport and transit of goods established in Article 4.7, where appropriate; and
(d) Provide the documents referred to in subparagraphs (b) and (c) to the customs authorities of the importing Party, upon request.
Article 4.12. Customs Duty Drawback
1. Each Party shall provide that in cases where it has not been requested preferential tariff treatment for a good imported into the territory of the other party that would have qualified as originating, the importer of the goods within a period not exceeding one year after the date of importation, may request the repayment of overpaid tariffs for not having been granted preferential tariff treatment to the good if the application is accompanied by:
(a) A written declaration stating that the good complies with the provisions of this chapter at the time of importation;
(b) The certificate of origin; and
(c) Any additional documentation relating to the importation of the goods, as required by the customs authority.
2. In the event that doubts regarding the implementation of the provisions of this chapter, it may initiate a verification process under Article 4.13.
Article 4.13. Processes for Control and Verification of the Origin Regime
1. Notwithstanding the presentation of a certificate of origin under the conditions laid down in this chapter and the Commission may establish, in case where there are doubts as to the authenticity of the certificate of origin or the accuracy of the information contained in the document or compliance with the rules set out in this chapter, will not stop the importation of goods and the customs authority of the importing Party shall take the necessary measures to ensure the ISMs mecan interest, through national legislation in force.
2. Without prejudice to paragraph 1, the investigating authority of the importing Party may initiate a verification process to verify compliance with the provisions of this chapter in accordance with the following provisions.
3. The initiation of the verification of origin shall be immediately notified to the importer and the competent authority of the exporting Party.
4. During the process of verification, the investigating authority of the importing Party, with notice of its competent authority may:
(a) To seek the information necessary to verify the authenticity of the certificate of origin or the accuracy of the information contained therein, as well as information demonstrating compliance with the criterion of origin specified in the certificate of origin, including the material that accompanied the application of preferential treatment in accordance with this chapter. This information shall be required to the certification authority through the competent authority of the exporting party and shall be provided within 45 days after the date of receipt of the request by the competent authority of the exporting Party;
(b) Send through the competent authority of the exporting party a written questionnaire to the exporter or producer, indicating the Certificate of Origin verification, which shall be answered within a period not exceeding 60 days after the date of receipt of questionnaire;
(c) To request, through the competent authority of the exporting Party shall conduct verification visits to the premises of the producer with a view to reviewing the information and documentation justifying the origin of goods and consider the productive processes and the facilities used in the production of the good subject to the verification. The application of the visit shall be answered within a period not exceeding 20 days after the date of receipt of the request.
The certification authority and the competent authority of the exporting Party may participate as observers in the respective visit, which shall be made within a period not exceeding 60 days from the date of the request to conduct the visit; and
(d) Carrying out other procedures, leading to verify the origin of the goods as agreed by the parties.
5. Once exhausted the stage of the process of verification referred to in paragraph 4, the investigating authority of the importing Party shall inform the competent authority of the exporting Party if the information is sufficient or insufficient within a maximum of 30 days.
6. In the event that the information is insufficient, the competent authority of the exporting Party shall complete information within a further maximum and only 30 days after the date of receipt of the communication referred to above.
7. The investigating authority of the importing Party shall issue the determination on the origin of the goods, stating the reasons that led to a decision within a period not exceeding 90 days from the date of receipt of the adequacy of the communication referred to in paragraph 5. The period shall be 120 days in the event that the term additional established in paragraph 6. This decision shall be communicated to the importer and the competent authorities of the importing Party and the exporting Party.
8. The duration of the process of verification and the customs authority of the importing Party may provide preventively, the suspension of preferential tariff treatment identical goods to new operations relating to the same producer.
9. If as a result of the verification process:
(a) It concludes that the good qualifies as originating goods shall be eligible for preferential tariff treatment and shall be reimbursed duties collected in excess or refer the lodged security, as appropriate; or
(b) It finds that the certificate contains false information or that the goods do not qualifies as originating, the importing party fees or charges shall be effective for the security lodged, as appropriate and apply the penalties provided for in the legislation of each party.
10. In the case of subparagraph 9 (b), the competent authority of the importing party may suspend the preferential tariff treatment for imports for further identical good from the same producer or exporter, until it is demonstrated that the production conditions were modified so as to comply with the rules of this chapter.
11. Without prejudice to the previous paragraphs, the investigating authority of the importing Party may request the importer in its territory, and background information about the origin of goods or to release the requested as to the authenticity of the certificate of origin.
12. The process of verification and monitoring referred to in this article may be carried out before the release of the goods during the release or on a later, according to the legislation of each party.
13. The verification process, if the conclusion is not satisfactory to the parties, the parties shall bilateral consultations. If the results of such consultations are not satisfactory to the Party concerned, may have recourse to the dispute settlement provisions of this Agreement.
Article 4.14. Denial of Preferential Tariff Treatment
The preferential tariff treatment may be denied if:
(a) The goods do not comply with the requirements of this chapter;
(b) The information and documentation required under article 4.13.4 is not provided, be provided in inappropriately or if the reply is insufficient, after the additional period referred to in article 4.13.6;
(c) No of conformity, refuses or did not reply to the request to conduct the visit, within the prescribed period;
(d) It shall comply with the requirements of Article 4.7, however be originating goods.
Article 4.15. Confidentiality
1. Each Party shall maintain, in accordance with its laws, the confidentiality of the information obtained pursuant to this chapter and shall protect from any disclosure that would prejudice the competitive position of the persons providing. Where a Party providing information to another Party in accordance with this Chapter and the designated as confidential by the other Party shall maintain the confidentiality of the information and will not be disclosed without the prior consent of the party which provided.
2. The confidential information collected pursuant to this chapter may be disclosed only to those and judicial authorities responsible for the administration and enforcement of determinations of origin and of tax or customs, as appropriate.
Article 4.16. Sanctions and Responsibilities
1. Where it is found that the certificate of origin does not correspond to the provisions contained in this chapter or dysfunction, or in their records or other documents related to the origin of the goods, counterfeiting, forgery or any other circumstance giving rise to fiscal or economic damage, the Parties may adopt appropriate sanctions in accordance with its legislation.
2. Each Party shall provide that an exporter or producer provided false information to the entity to issue the certificate of origin in the sense that the good qualifies as originating, shall be subject to penalties equivalent to those that would apply to an importer in its territory that makes a false declarations or statements in connection with an importation, with such modifications as circumstances require.
3. If before initiating a verification, an importer has reason to believe that the certificate of origin which was based on a declaration contains incorrect information, may make a declaration and the corresponding corrected pay customs duties and taxes and under the legislation of the importing party in relation to the reduction or elimination of sanctions.
Article 4.17. Definitions
For the purposes of this chapter:
Competent authority means
(a) In the case of Chile, the General Directorate of International Economic Relations; and
(b) In the case of Peru, the Directorate of Integration and International Trade Negotiations of the Ministry of Foreign Trade and T urismo investigating authority means;
(a) In the case of Chile, the National Customs Service of Chile; and
(b) In the case of Peru, the Directorate of Integration and International Trade Negotiations of the Ministry of Foreign Trade and Tourism; exchange of chapter means a change in tariff classification at the two-digit level of the Harmonized System naladisa; or
Change to heading means a change in tariff classification at the 4-digit level of the NALADISA Harmonized System; or
Change to subheading means a change in tariff classification at the level of six-digit NALADISAA Harmonized System; or
A good means material that is used in the transformation of production or another includes goods and raw materials, inputs, components or parts and components;
Non-originating materials means materials imported from outside the party and materials procured locally or imported from when the other party does not comply with the rules of origin under this chapter;
Identical goods means "identical goods" as defined in the agreement on customs valuation;
value is the value of a good or material, under the Rules of the Customs Valuation Agreement;
CIF value destination port or seaport is the CIF value of materials, including the cost of transport to the port or place of entry into the country of importation; and
FOB value of export corresponds to the value of the good free on board regardless of the means of transport to final site or the port of shipment abroad.
Chapter 5. Trade Facilitation and Customs Procedures
Article 5.1. Publication
1. Each Party, in accordance with the provisions of its national legislation, shall publish its laws, regulations and administrative procedures customs on the Internet or a comparable computer telecommunications network.
2. Each Party shall designate one or more contact points to those interested persons may conduct consultations concerning customs matters and shall make available on the Internet information concerning procedures for making such enquiries.
3. To the extent possible, each Party shall publish in advance any regulations of general application relating to customs matters that intends to adopt and shall provide the opportunity to comment on such regulations prior to their adoption.
Article 5.2. Release of Goods
1. The Parties shall adopt or maintain simplified customs procedures for the efficient and expeditious clearance mechanism.
2. To this end, the parties undertake to the release of the goods is carried out:
(a) To the extent possible, within 48 hours of arrival of goods;
(b) Upon arrival and without necessarily be transferred and temporarily stored in warehouses or other facilities; and
(c) Before the submission of the goods to Customs.
Article 5.3. Automation
1. The parties shall work for the adoption of the use of information technology to procedures for the expeditious clearance of goods. The installation of computer applications to the Parties shall take into account international standards or standards.
2. The Parties shall adopt or maintain computer systems accessible to authorized users to transmit its customs declarations to Customs.
3. The Parties shall endeavour to implement electronic automated systems for the registration of the information with the aim of improving the technical assessment of risk analyses.
Article 5.4. Risk Assessment
Each party shall endeavor to adopt or maintain risk management systems in its verification activities that will enable its customs authority its inspection activities focusing on high-risk goods and facilitate the clearance of goods low-risk, respecting the confidential nature of the information obtained through such activities.
Article 5.5. Customs Cooperation
1. Each Party shall endeavour to provide in advance to the other party of any significant change with regard to its administrative policy regarding the implementation of its customs laws that would significantly affect the operation of this Agreement.
2. The Parties shall promote and facilitate cooperation between their respective customs administrations and particularly in relation to the processing and simplification of customs procedures, without prejudice to their powers of control.
3. Without prejudice to further cooperation agreements, the parties undertake to cooperate in compliance with its laws and regulations relating to:
(a) The implementation and application of the provisions of this Agreement relating to the importation of goods, including the provisions relating to national treatment and access of goods to the market, as well as the procedures and rules of origin;
(b) The implementation and operation of the Customs Valuation Agreement;
(c) The simplification of formalities and requirements regarding the release of goods;
(d) Where possible, the adoption of measures to reduce, simplify and harmonize the data contained in documents required by the customs, in particular customs documents of entry and exit of goods;
(e) The provision of technical assistance, including in the organization of seminars and training courses;
(f) Technical advice and assistance for the purpose of improving risk assessment techniques in pursuit of mechanisms to prevent and control illegal activities, in particular, the illicit trade of goods originating of a party or of a non- Party;
(g) Enhancing the use of technologies; and
(h) This chapter and any other customs matters as the parties may agree.
4. The Parties shall exchange in a prompt and timely information concerning the prevention, investigation and suppression of customs offences in respect of matters concerning origin, subject to any confidentiality rules provided for in the legislation of each party.
5. Each party shall endeavor to provide the other party with any other information that would assist in determining whether imports or exports from the other party or to comply with its laws and regulations governing importation, in particular those related to the prevention of unlawful activities.
6. The Parties shall develop and implement common agreement, technical cooperation programmes and projects to create and develop a level of interconnection between customs administrations in areas previously identified by them.
7. Without prejudice to the bilateral Agreement on Cooperation and Mutual Assistance in Customs Matters, signed on 16 September 2004 and the provisions of this chapter, the Parties may conclude agreements in customs matters.
Article 5.6. Confidentiality
1. Each Party shall maintain, in accordance with its laws, the confidentiality of confidential information collected pursuant to this chapter and shall protect from any disclosure that would prejudice the competitive position of the persons providing.
When a party provides information to the other Party in accordance with this Chapter and the designated as confidential by the other Party shall maintain the confidentiality of the information and will not be disclosed without the prior consent of the party which provided.
2. The confidential information collected pursuant to this chapter may be disclosed only to those and judicial authorities responsible for the administration and enforcement of determinations of origin of tax and customs matters or as appropriate.
Article 5.7. Consignments of Express Delivery
1. Each Party shall adopt or maintain separate and expedited procedures for customs express delivery and allow the selection and while maintaining appropriate customs control. These procedures shall allow:
(a) The information necessary for the release of shipment may be submitted and processed by the customs authority of the Party, prior to the arrival of the shipment;
(b) Where a cargo manifest or a single document covering all goods contained in a shipment transported by an express delivery services, if possible through electronic means;
(c) To the extent possible, reduce the documentation required for the release of shipment; and
(d) Under normal circumstances, the release of shipment occurs within a period not exceeding six hours after the submission of all the documentation required by the Customs Office for the release of goods.
Article 5.8. Review and Challenge
Each Party shall ensure that its actions in administrative matters relating to customs, importers in its territory have access to:
(a) A level of independent administrative review of the official or office that issued the administrative act subject to review; and
(b) To a level of judicial review of the administrative act issued in the final level of administrative review.