THAILAND-AUSTRALIA
FREE TRADE AGREEMENT
ARTICLE
407
Registration of Exporters
1.
Subject to Article 409, the exporting Party shall require that, on receipt
of an application to register as an exporter of originating goods, an
authorised body referred to in Annex 4.2 (Certificate of Origin Requirements)
shall, within 60 days of receipt of that application, conduct and conclude
such examinations of documentation and facilities as it considers necessary
to establish that the particular goods nominated in the application satisfy
the requirements of Article 402.
2. Subject to Article 409, the exporting Party shall require that, where
an authorised body, after conducting examinations in accordance with Paragraph
1, is satisfied that the particular goods satisfy the requirements of
Article 402, the authorised body shall register the applicant as an exporter
of originating goods in respect of those particular goods, and shall so
notify the exporter within ten working days.
3. The exporting Party shall require that, where an authorised body, after
conducting examinations in accordance with Paragraph 1, is not satisfied
that the particular goods satisfy the requirements of Article 402, the
authorised body shall not register the applicant as an exporter of originating
goods in respect of those particular goods, and shall so notify the exporter
within ten working days.
4. The exporting Party shall require that a registered exporter must,
as expeditiously as possible, notify the authorised body with which it
is registered if a significant change occurs in the basis for the registration
of particular goods.
5. The exporting Party shall require that, on receipt of advice referred
to in Paragraph 4, the authorised body shall, as expeditiously as possible,
conduct such examinations of documentation and facilities as it considers
necessary to assess whether the registered goods still satisfy the requirements
of Article 402.
6. Where an authorised body, after conducting examinations in accordance
with Paragraph 5, is satisfied that the registered goods satisfy the requirements
of Article 402, it shall so notify the registered exporter within ten
working days that the registration of the goods shall continue on the
basis of the relevant changes.
7. The exporting Party shall require that an authorised body referred
to in Annex 4.2 (Certificate of Origin Requirements) may, at any other
time not specified, conduct such examinations of documentation and facilities
as it considers necessary to ensure that registered goods still satisfy
the requirements of Article 402.
8. The exporting Party shall require that, where an authorised body, after
conducting examinations in accordance with Paragraphs 5 or 7, or for any
other reason, is not satisfied that registered goods satisfy the requirements
of Article 402, the authorised body shall de-register the registered exporter
as an exporter of originating goods in respect of those goods, and within
ten working days shall so notify:
(a) the exporter;
(b) all other authorised bodies referred to in Annex 4.2 (Certificate
of Origin Requirements), in the territory of the exporting Party; and
(c) the customs administration in the territory of the importing Party.
ARTICLE
408
Certification of Origin
1.
Subject to Article 409, the exporting Party shall ensure that a registered
exporter has the opportunity to apply to an authorised body referred to
in Annex 4.2 (Certificate of Origin Requirements) for a Certificate of
Origin in respect of a single shipment of registered goods.
2. Subject to Article 409, on receipt of an application referred to in
Paragraph 1, an authorised body shall issue a Certificate of Origin in
relation to the registered goods that are the subject of that application,
provided that:
(a) no significant change has occurred in the basis for the registration
of those goods; or
(b) if a significant change has occurred in the basis for the registration
of those goods, the authorised body is satisfied that the goods meet the
requirements of Article 402.
3. An authorised body shall not issue a Certificate of Origin:
(a) for goods that are not registered goods; or
(b) where the circumstances set out in Paragraph 2 are not met.
4. The exporting Party shall require that an application for a Certificate
of Origin and a Certificate of Origin must meet the requirements set out
in Annex 4.2 (Certificate of Origin Requirements).
5. The exporting Party shall require that a Certificate of Origin may
be revoked by notice in writing. A revoked Certificate of Origin shall
have no force from the date specified in that notice.
6. The exporting Party shall require that a copy of a notice revoking
a Certificate of Origin shall be forwarded to the applicant for the Certificate
of Origin and to the importing Party, immediately upon the issue of that
notice.
ARTICLE
409
Exporter Sanctions
1.
The exporting Party shall ensure that adequate sanctions are imposed where
an exporter:
(a) secures registration as an exporter of originating goods, or obtains
a Certificate of Origin, on the basis of a statement that is false or
misleading in any particular, including a statement that is false or misleading
due to omission;
(b) falsifies a Certificate of Origin;
(c) fails to notify an authorised body of significant changes in accordance
with Article 407 (4); or
(d) commits any other offence in an effort to secure registration as an
exporter of originating goods or to obtain a Certificate of Origin.
2. In respect of an exporter referred to in paragraph 1, or in respect
of a person who, consistent with the principles set out in the WTO Customs
Valuation Agreement, (2) is related to such an exporter,
sanctions imposed may include:
(a) de-registration in respect of some or all registered goods for a particular
period; and
(b) refusal to consider an application for registration as an exporter
of originating goods or for a Certificate of Origin for a particular period.
3. The exporting Party shall require that, where sanctions are imposed
under Paragraph 1, the following are notified within ten working days
of the decision to impose sanctions:
(a) the exporter;
(b) all authorised bodies referred to in Annex 4.2 (Certificate of Origin
requirements) in the territory of the exporting Party; and
(c) the customs administration in the territory of the importing Party.
ARTICLE
410
Claim for Preferential Treatment
1.
Subject to Article 413, the importing Party shall grant preferential tariff
treatment to goods imported into its territory from the other Party, provided
that the goods are originating goods, the consignment criteria specified
in Article 406 have been met, and the importer claiming preferential tariff
treatment:
(a) has a valid Certificate of Origin or a copy thereof relevant to those
goods in its possession when claiming preferential tariff treatment; and
(b) provides a copy of that Certificate of Origin if requested by the
importing Party.
2. The importing Party may waive the requirement for a Certificate of
Origin in certain circumstances, in accordance with its laws, regulations
and policies.
3. The importing Party shall grant preferential tariff treatment to goods
imported after the date of entry into force of this Agreement and for
which no preferential tariff treatment was earlier applied, if:
(a) the claim for preferential tariff treatment is made within 12 months
from the date of payment of customs duties, subject to the laws, regulations
and policies in the importing Party; and
(b) the importer provides a copy of a valid Certificate of Origin relevant
to those goods.
ARTICLE
411
Records
1.
Each Party shall require that:
(a) a producer, or an exporter must maintain, for five years from the
date of the Certificate of Origin, all records relating to the origin
of the goods for which preferential tariff treatment is claimed in the
importing Party, including the Certificate of Origin relevant to the goods,
or a copy thereof; and
(b) an importer claiming preferential tariff treatment shall maintain,
for five years after the date of importation of the goods, all records
relating to the importation of the goods, including the Certificate of
Origin relevant to the goods, or a copy thereof.
2. The records to be maintained pursuant to this Article shall include
electronic records. Any such records in electronic form shall be maintained
in accordance with the laws, regulations and policies of the relevant
Party.
ARTICLE
412
Origin Verification
1.
The importing Party may verify the eligibility of goods for preferential
tariff treatment in accordance with its laws, regulations and policies.
2. Verification of eligibility for preferential tariff treatment may include
either Party taking the following courses of action, in accordance with
mutually determined procedures:
(a) instituting measures to establish the validity of the Certificate
of Origin;
(b) issuing written questionnaires, to be completed within a period of
30 days, to relevant producers, exporters or importers of goods for which
preferential tariff treatment was claimed in the territory of the importing
Party, or of the materials used or consumed in the production of those
goods;
(c) requesting the supply of records relating to the production, manufacture
or export of the goods for which preferential tariff treatment was claimed
in the territory of the importing Party, or of the materials used or consumed
in the production of those goods; and
(d) visiting the factory or premises of the producer, importer, exporter
or any other party in the territory of a Party associated with the production,
import or export of the goods for which preferential tariff treatment
was claimed in the territory of the importing Party, or of the materials
used or consumed in the production of those goods.
3. The importing Party shall notify the exporting Party in writing when
it approaches any party listed in Sub-paragraph (2)(d) within the territory
of the exporting Party during an action to verify eligibility.
4. The importing Party shall not visit the factory or premises of any
party listed in Sub-paragraph (2)(d) within the territory of the exporting
Party without the prior consent of that party.
5. To the extent allowed by its laws, regulations and policies, the exporting
Party shall fully cooperate in any action to verify eligibility and shall
require that producers and exporters cooperate in any action to verify
eligibility.
6. Action to verify eligibility for preferential tariff treatment shall
be completed and a decision shall be made within 90 days of the commencement
of such action. Written advice as to whether goods are eligible for preferential
tariff treatment must be provided to all relevant parties within 10 days
of the decision being made.
ARTICLE
413
Suspension and Denial of Preferential Tariff Treatment
1.
Notwithstanding Article 410 (1), the importing Party may suspend the application
of preferential tariff treatment to goods that are the subject of origin
verification action under Article 412 for the duration of that action,
or any part thereof.
2. The importing Party may deny a claim for preferential tariff treatment
or recover unpaid duties where:
(a) the goods do or did not meet the requirements of this Chapter;
(b) the producer, exporter, or importer of goods fails or has failed to
comply with any of the relevant requirements for obtaining preferential
tariff treatment; or
(c) action taken under Article 412 failed to verify the eligibility of
the goods for preferential tariff treatment.
ARTICLE
414
Review and Appeal
The
importing Party shall grant the right of appeal in matters relating to
eligibility for preferential tariff treatment to producers, exporters
or importers of goods traded or to be traded between the Parties, in accordance
with its laws and regulations.
ARTICLE
415
Committee on Rules of Origin
1.
For the purposes of the effective and uniform implementation of this Chapter,
a Committee on Rules of Origin ("the Committee") shall be established.
The functions of the Committee shall include:
(a) the monitoring of the implementation and administration of the provisions
of this Chapter;
(b) the discussion of any issue that may have arisen in the course of
implementation, including any matters that may have been referred to the
Committee by the Joint Commission;
(c) the discussion of any proposed modifications of the rules of origin
under this Chapter; and
(d) consultation on issues relating to rules of origin and administrative
cooperation.
2. The Committee shall be comprised of representatives of the Parties.
It shall meet at least once a year and more often as may be mutually determined
from time to time between the Parties.
CHAPTER
5
SAFEGUARDS
PART I
DEFINITIONS
ARTICLE 501
Definitions
For
purposes of this Chapter:
(a) "domestic industry" means, with respect to an imported good,
the producers as a whole of the like or directly competitive good or those
producers whose collective production of the like or directly competitive
good constitutes a major proportion of the total domestic production of
such good;
(b) "provisional measure" means a provisional safeguard measure
described in Article 505;
(c) "safeguard measure" means a safeguard measure described
in Article 502;
(d) "special safeguard measure" means a special safeguard measure
described in Article 509;
(e) "serious damage" means a significant overall impairment
in the position of a domestic industry; and
(f) "transition period", in relation to a particular good, means
the period from the entry into force of this Agreement until the date
on which the customs duty on that good is to be eliminated in accordance
with Annex 2.
Part 5
(2)
With such modifications as may be required to reflect the fact that the
Parties to the transaction are within the same country. |