CIFTA Verification of Origin Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-97-75/FullText.html

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CIFTA Verification of Origin Regulations

SOR/97-75CUSTOMS ACT
Registration 1996-12-30
CIFTA Verification of Origin Regulations
P.C. 1996-2087 1996-12-30Whereas the proposed CIFTA Verification of Origin Regulationsimplement a provision of CIFTA and are therefore, by virtue of paragraph 164(4)(a.03)Footnote a of the Customs ActFootnote b, not required to be published under subsection 164(3) of that Act;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 42.5Footnote c, subsection 42.6(1)Footnote c and paragraph 164(1)(i)Footnote d of the Customs ActFootnote b, hereby makes the annexed CIFTA Verification of Origin Regulations.

Return to footnote aS.C. 1996, c. 33, s. 40
Return to footnote bR.S., c. 1 (2nd Supp.)
Return to footnote cS.C. 1996, c. 33, s. 32
Return to footnote dS.C. 1992, c. 28, s. 30(1)
Interpretation

1 The definitions in this section apply in these Regulations.

Act
Act means the Customs Act. (Loi)
customs administration
customs administration means the competent authority that is responsible under the law of Canada or Israel or another CIFTA beneficiary for the administration of customs laws and regulations. (administration douanière)
goods
goods means goods for which preferential tariff treatment under CIFTA is claimed. (marchandises)
verification questionnaire
verification questionnaire means a questionnaire to be completed by the exporter or producer of goods that requests information with respect to the origin of goods that are the subject of a verification of origin. (questionnaire de vérification)
verification visit
verification visit means the entry into a place or premises for the purposes of conducting a verification of origin of goods under paragraph 42.1(1)(a) of the Act. (visite de vérification)

SOR/97-337, s. 1.

Manner of Conducting a Verification of Origin

2 In addition to a verification visit, a verification of origin of goods may be conducted by means of a verification questionnaire.

Prescribed Premises

3 The premises of an exporter or producer of goods in Israel or another CIFTA beneficiary are prescribed premises for the purposes of a verification visit.

Conditions for Conducting a Verification Visit

4 (1) An officer or any person acting on behalf of an officer, as designated by the Minister under subsection 42.1(1) of the Act, may conduct a verification visit on condition that

(a) the officer sends written notice of the intention to conduct the verification visit to the customs administration of Israel or the CIFTA beneficiary in whose territory the verification visit is to occur;
(b) the officer or the person acting on behalf of the officer, sends written notice of the intention to conduct the verification visit to the person whose premises are the subject of the verification visit; and
(c) the person whose premises are the subject of the verification visit provides written consent to the verification visit.

(2) A notice referred to in paragraph (1)(b) shall specify

(a) the identity of the customs administration on whose behalf the notice is being sent;
(b) the name of the person whose premises are the subject of the verification visit;
(c) the date and place of the verification visit;
(d) the object and scope of the verification visit and shall include specific reference to the goods that are the subject of the verification of origin;
(e) the name and title of the officer or person conducting the verification visit; and
(f) the legal authority for the verification visit.

SOR/97-337, s. 2.

Postponement of a Verification Visit

5 (1) The customs administration that receives a notice referred to in paragraph 4(1)(a), may postpone the verification visit by sending a written request for postponement within 15 days after receiving the notice to the officer who sent the notice.
(2) A postponement of a verification visit shall be for a period not exceeding 60 days beginning on the date on which the notice was received, or for a longer period, if the longer period is agreed to by the customs administration of Canada and the customs administration of Israel or another CIFTA beneficiary in whose territory the verification visit will take place.

SOR/2008-111, s. 1.
Previous Version

Observers

6 (1) Any person who receives a notice under paragraph 4(1)(b) may designate two observers to be present during the verification visit.
(2) An observer designated under subsection (1) may not participate in the verification visit in a manner other than as an observer.
(3) A person who designates an observer under subsection (1) shall identify that observer to the officer or person conducting the verification visit.

Verification Questionnaires

7 (1) Where an officer or a person acting on behalf of an officer sends a verification questionnaire to an exporter or producer of goods in Israel or another CIFTA beneficiary, the officer or person shall also send a copy of the verification questionnaire to the customs administration of Israel or another CIFTA beneficiary.

(2) A verification questionnaire shall specify

(a) the identity of the customs administration on whose behalf the verification questionnaire is being sent;
(b) a description of the goods that are the subject of the verification of origin;
(c) the period within which the verification questionnaire must be completed and returned, which period shall be not less than 30 days after the date on which the verification questionnaire was sent; and
(d) the name and title of the officer or person acting on behalf of the officer sending the questionnaire.

SOR/2008-111, s. 2(F).
Previous Version

Withdrawal of Preferential Tariff Treatment Under CIFTA

8 For the purposes of subsection 42.1(2) of the Act, preferential tariff treatment under CIFTA may be withdrawn from goods that are the subject of the verification of origin where an exporter or producer of goods

(a) does not provide written consent to a verification visit within 30 days after receiving a notice referred to in paragraph 4(1)(b);
(b) does not complete the verification questionnaire and return it to an officer, or a person acting on behalf of an officer, within the time period referred to in paragraph 7(2)(c), or fails to provide sufficient information in response to the questionnaire; or

(c) who is required to maintain records of the goods in accordance with the applicable laws of the country in which the verification of origin is conducted,

(i) fails to maintain those records in accordance with those laws, or
(ii) denies the officer or person conducting the verification of origin access to those records.

SOR/97-337, s. 3.

Coming into Force

*9 These Regulations come into force on the day on which section 32 of the Canada-Israel Free Trade Agreement Implementation Act being chapter 33 of the Statutes of Canada, 1996, comes into force.
Return to footnote *[Note: Regulations in force January 1, 1997, see SI/97-9.]