TMI BlogOPERATIONAL CERTIFICATION PROCEDURESX X X X Extracts X X X X X X X X Extracts X X X X ..... other Party. Rule 3 For the purpose of verifying the conditions for preferential treatment, the government authority designated to issue the Certificate of Origin (hereinafter referred to as Issuing Authority) shall have the right to call for any supporting documentary evidence or to carry out any check considered appropriate. (ii) Applications Rule 4 The manufacturer and/or exporter of the products qualified for preferential treatment shall apply in writing to the relevant Issuing Authority requesting for the pre-exportation verification of the origin of the products. The result of the verification, subject to review periodically or whenever appropriate, shall be accepted as the supporting evidence in verifying the origin of the said products to be exported thereafter. The pre-exportation verification may not apply to products, the origin of which can be easily verified, by their nature. Rule 5 At the time of carrying out the formalities for exporting the products under preferential treatment, the exporter or his authorized representative shall submit a written application for the Certificate of Origin together with appropriate supporting documents pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Origin and the local value-added content, where applicable, in Box 8 of the Certificate of Origin. Rule 9 Neither erasures nor superimpositions shall be allowed on the Certificate of Origin. Any alteration shall be made by striking out the erroneous materials and making any addition required. Such alterations shall be approved by an official authorised to sign the Certificate of Origin and certified by the Issuing Authority. Unused spaces shall be crossed out to prevent any subsequent addition. Rule 10 (a) The Certificate of Origin shall be issued by the relevant Issuing Authority of the exporting Party at the time of exportation, or within 3 working days from the date of shipment whenever the products to be exported can be considered originating in that Party within the meaning of the Rules of Origin. (b) In exceptional cases where a Certificate of Origin has not been issued at the time of exportation or within 3 working days from the date of shipment due to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued retroactively but no longer than one year from the date of shipment, bearing the word ISSUED RETROACTIVELY . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Origin provided that the products have been imported before the expiration of the validity of the Certificate of Origin. Rule 14 The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the documents submitted to the Customs Authority of the importing Party for the purpose of carrying out the formalities for importing the products shall not ipso-facto invalidate the Certificate of Origin, if it does in fact correspond to the said products. 5 [(va) RETROACTIVE CHECKS RULE 15 (a) The Customs Authority of the importing Party, may initiate a retroactive check relating to the authenticity of a certificate, as well as the veracity of the information contained therein, in accordance with the procedures established in the Rules, in cases of doubt or on random basis. (b) In cases where the Customs Authority of the importing Party deems it necessary to seek a retroactive check from the Issuing Authority of the exporting Party, it shall specify whether the verification is on random basis or the veracity of the information is in doubt. In case the determination of origin is in doubt, the Customs Authority shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nformation. ] Rule 16 (a) The application for Certificates of Origin and all documents related to such application shall be retained by the Issuing Authority for not less than two years from the date of issuance. (b) Information relating to the validity of the Certificate of Origin shall be furnished upon request of the importing Party. (c) Any information communicated among the government authorities shall be treated as confidential and shall be used for the validation of Certificates of Origin purposes only. (vi) Special Cases Rule 17 When destination of all or parts of the products exported to specified port is changed, before or after their arrival in the importing Party, the following Rules shall be observed. (a) If the products have already been submitted to the Customs Authority in the specified importing port, the Certificate of Origin shall, by a written application of the importer, be endorsed to this effect for all or parts of products by the said authority and the original returned to the importer. (b) If a change of destination occurs during transportation to the importing Party as specified in the Certificate of Origin, the exporter s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of Origin have been committed, the Issuing Authorities concerned shall co-operate in the action to be taken in the territory of each Party against the persons involved. (b) Each Party shall be responsible for providing legal sanctions for fraudulent acts related to the Certificate of Origin. Rule 21 In the case of a dispute concerning origin determination, classification of products or other matters, the government authorities concerned in the importing and exporting Parties shall consult each other with a view to resolving the dispute. ******** Notes 1. Substituted vide Notification No. 79/2018 - Customs (N.T.) dated 14-09-2018 before it was read (Attachment 1) 2. Substituted vide Notification No. 79/2018 - Customs (N.T.) dated 14-09-2018 before it was read Appendix 1 3. Inserted vide Notification No. 79/2018 - Customs (N.T.) dated 14-09-2018 4. Substituted vide Notification No. 79/2018 - Customs (N.T.) dated 14-09-2018 before it was read (a) Certificate of Origin shall be submitted to the Customs Authority of the importing Party within its validity period; 5. Substituted vide Notification No. 79/2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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