Статья 4.34. Контрольный визит / Article 4.34. Verification Visit

Article 4.34
Verification Visit

1. If the customs authorities of the importing Party are not satisfied with the outcome of the verification referred to in Article 4.33 (Verification of Origin), they may, under exceptional circumstances, request verification visits to the exporting Party to review the records referred to in Article 4.26 (Record-Keeping Requirements) or observe the facilities used in the production of the goods.

2. Prior to conducting a verification visit pursuant to paragraph 1, the customs authorities of the importing Party shall provide a written notification of their intention to conduct the verification visit to the verification authority of the Party in the territory of which the verification visit is to occur. A copy of the verification visit request shall also be transmitted electronically from the customs authority of the importing Party to the verification authority of the exporting Party.

3. The written notification referred to in paragraph 2 shall be as comprehensive as possible and shall include, inter alia:

(a) the name of the customs authority of the Party issuing the notification;

(b) the names of the producer or exporter of the goods whose premises are to be visited;

(c) the proposed date of the verification visit;

(d) the coverage of the proposed verification visit, including reference to the goods subject to the verification and to the doubts regarding their origin; and

(e) the names and designation of the officials performing the verification visit.

4. The verification authority of the exporting Party shall send the verification request to the producer or exporter of the goods whose premises are to be visited and transfer its written consent to the customs authorities of the importing Party within sixty (60) days from the date of dispatch of the notification pursuant to paragraph 2.

5. Where a written consent from the verification authority of the exporting Party is not obtained within sixty (60) days from the date of dispatch of the notification pursuant to paragraph 2 or the customs authorities of the importing Party receive a refusal to conduct the verification visit, the customs authorities of the importing Party shall deny preferential tariff treatment to the goods referred to in the Certificate(s) of Origin that would have been subject to the verification visit.

6. Any verification visit shall be launched within sixty (60) days from the date of the receipt of written consent and finished within a reasonable period of time.

7. The customs authority conducting the verification visit shall, within a maximum period of ninety (90) days from the first day the verification visit was conducted, provide the producer or exporter of the goods, whose goods and premises are subject to such verification, and the verification authority of the exporting Party with a written determination of the outcomes of the verification visit.

8. The verification visit, including the visit itself, and the determination of whether the goods concerned are either originating or not, shall be carried out and its results shall be sent to the verification authority of the exporting Party within a maximum of two hundred and ten (210) days. Before the results of the verification visit are available, paragraph 3 of Article 4.27 (Granting Preferential Tariff Treatment) may be applied.

9. Any suspended or denied preferential tariff treatment shall be reinstated upon the written determination that the goods qualify as originating and the origin criteria under this Agreement are fulfilled.

10. The verification team must be formed by the central customs authority of the importing Party in accordance with the importing Party's laws and regulations.

11. The verification authority or the authorised body of the exporting Party shall facilitate the verification visit conducted by the customs authorities of the importing Party.

12. The producer or exporter of the goods who has given consent for the verification visit shall assist in its implementation and provide access to the premises, financial (accounting) and production documents related to the subject of the verification visit and shall provide any additional information or documents, if so requested.

13. If there are obstacles by the authorities or entities of the exporting Party during the verification visit, which result in the absence of possibility to conduct the verification visit, the importing Party has the right to deny preferential tariff treatment to the goods concerned.

14. All costs relating to the conduct of the verification visit shall be borne by the importing Party.