TNAG-2112-FCO40-3011-International-Rights-and-Obligations-Sub-Group-of-the-Sino-B-1990 — Page 167

Article II.

The Contracting States shall reduce as far as possible the number of cases in which certifi- es of origin are required.

In accordance with this principle, and subject to the understanding that the Customs Admini- tions will retain fully the right of verifying the real origin of goods and consequently also the er to demand, in spite of the production of certificates, any other proof they may deem neces- v, the Contracting States agree to comply with the following provisions:

1. The Contracting States shall take steps to render as simple and equitable as possible procedure and formalities connected with the issue and acceptance of certificates of origin, 1 they shall bring to the notice of the public the cases in which such certificates are required i the conditions on which they are issued.

2.

Certificates of origin may be issued not only by the official authorities of the Contracting ites, but also by any other organisations which possess the necessary authority and offer the cessary guarantees and are previously approved for this purpose by each of the States concerned. ch Contracting State shall communicate as soon as possible to the Secretariat of the League Nations a list of organisations which it has designated for the purpose of delivering certificates origin. Each State retains the right of withdrawing its approval from any organisation which s been so notified to it, if it is shown that such organisation has issued certificates in an improper

anner.

3. In cases where goods are not imported direct from the country of origin, but are forwarded rough the territory of a third contracting country, the Customs administrations shall accept e certificates of origin drawn up by the approved organisations of the third contracting country, taining, however, the right to satisfy themselves that such certificates are in order in the same anner as in the case of certificates issued by the country of origin.

4.

5.

The Customs administrations shall not require the production of a certificate of origin: (a) In cases where the person concerned renounces all clain to the benefit of a régime which depends for application upon the production of such a certificate.

(b) When the nature of the goods clearly establishes their origin, and an agree- ment on this subject has been previously concluded between the States concerned;

(c) When the goods are accompanied by a certificate to the effect that they are entitled to a regional appellation, provided that this certificate has been issued by an organisation designated for this purpose and approved by the importing State.

If the law of their respective countries permits, and subject to reciprocity, Customs dministrations shall:

(a) Except in cases where abuse is suspected, dispense with proof of origin in regard to imports which are manifestly not of a commercial nature, or which, although of a commercial nature, are of small value;

(b) Accept certificates of origin issued in respect of goods which are not exported immediately, provided that such goods are despatched within a period of either one month or two months, according as the exporting country and the country of destination are or are not contiguous; this period may be extended, provided that the reasons given for the delay in completing the transport of the goods appear satisfactory.

6. When, for any sufficient reason, the importer is unable to produce a certificate of origin when he imports his goods, the Customs authorities may grant him the period of grace necessary for the production of this document, subject to such conditions as they may judge necessary to guarantee the charges which may eventually be payable. Upon the certificate being subsequently produced, the charges which may have been paid, or the amount paid in excess, shall be refunded at the earliest possible moment.

In applying the above provision, such conditions as may result from the exhaustion of the quantities which may be imported under a rationing system shall be taken into account.

7. Certificates may be in either the language of the importing country or the language of the exporting country, the Customs authorities of the importing country retaining the right to demand a translation in case of doubt as to the effect of the document.

8. Certificates of origin shall not in principle require a consular visa, particularly when they originate from the Customs administrations. If, in exceptional cases, a consular visa is required, the persons concerned may at their discretion submit their certificates of origin either to the Consul of their district or to the Consul of a neighbouring district for a visa. The cost of the visa must be as low as possible, and must not exceed the cost of issue, especially in the case of consignments of small value.

9. The provisions of the present Article shall apply to all documents used as certificates of origin.