Informed Compliance and NAFTA Verifications ABA International Spring Meeting New York, April 2006.

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Presentation transcript:

Informed Compliance and NAFTA Verifications ABA International Spring Meeting New York, April 2006

NORTH AMERICAN FREE TRADE AGREEMENT MEXICAN AUTHORITY EXPERIENCES IN ORIGIN VERIFICATION PROCEDURES

A) Preliminary aspects. The producer/exporter and importer are supposed to comply with their respective obligations provided in NAFTA in order for the importer to receive preferential tariff treatment. NAFTA establishes a duty benefits regime restricted to the goods that meet the origin requirements and other obligations provided in Chapters IV and V.

B) Certificate of Origin. Requirements must be complied with by the exporter issuing a certificate of origin when he is not the producer of the goods. Main issues raised by exporters relying on their knowledge to complete and sign a certificate of origin. The obligation of the importer to provide a certificate of origin, when requested by the Mexican authority, and the consequences if there is a failure to provide such certificate of origin.

ASOCIADOS ASOCIANTE UTILIDADES Y PERDIDAS DE LA NEGOCIACION MERCANTIL APORTA BIENES Y SERVICIOS C) Origin Verifications. Two different verification procedures are provided in Chapter V of NAFTA: a)Questionnaires to an exporter or a producer in the territory of another Party. a)Visits to the premises of an exporter or a producer in the territory of another Party to review the accounting records. Is the verification visit the only means to request and review the accounting records, because in the case of Questionnaires, the text of article 506 does not specify?

C.1. Notifications of Questionnaires and Verification Visits. Notifications of a Questionnaire or a Visit proposal with the legal representative of the Company. Legal provisions established in the Uniform Regulations. Discussions raised by attorneys based on the Mexican internal legal provisions.

C.2. The producer or exporter is no longer located at the address stated in the certificate of origin. Requirements to comply by the producer or exporter in case of moving away from the address stated in the certificate of origin. The denial of preferential tariff treatment in cases where the producer or exporter is no longer located at the address stated in the certificate of origin.

D. The language matter. The producer or exporter demands to receive the questionnaire or visit proposal in their official language (English or French). The legal interpretation of the Mexican Authority in this issue.

E. Rules of Origin. The production process inside the NAFTA region, is not the only requirement to determine the origin of a product. Products shall comply with the rule of origin provided in Chapter IV. (Except for goods wholly obtained or produced entirely in the NAFTA region). F. Advance Rullings. A way to avoid the application of the origin determinations for goods imported into the territory of another Party.

G. Non originating goods. The consequences for the importer in case a product is determined as non-originating and preferential tariff treatment is denied. The main allegations raised by the Mexican importer before an administrative appeal or Tax Court, when the Mexican Authority denies preferential tariff treatment. The Mexican authority does not allow the importer to participate in the origin verification procedures provided in article 506 of NAFTA.