Vol. 147, No. 26 — December 18, 2013

Registration

SOR/2013-214 November 29, 2013

CUSTOMS ACT

CEFTA Verification of Origin of Exported Goods Regulations

P.C. 2013-1290 November 28, 2013

Whereas, pursuant to paragraph 167.1(b) (see footnote a) of the Customs Act (see footnote b), the annexed Regulations give effect, in part, to a public announcement made on June 29, 2009 known as Customs Notice 09-014;

Whereas Customs Notice 09-014 provides that the Regulations giving effect to that announcement come into force on July 1, 2009;

And whereas, pursuant to paragraph 167.1(d) (see footnote c) of the Customs Act (see footnote d), the annexed Regulations are consequential on an amendment to that Act — section 97.201 (see footnote e), enacted by section 28 of the Canada–EFTA Free Trade Agreement Implementation Act (see footnote f)— which section came into force on July 1, 2009;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 97.201 (see footnote g), subsections 164(1) (see footnote h) and (1.1) (see footnote i) and paragraphs 167.1(b) (see footnote j) and (d) (see footnote k) of the Customs Act (see footnote l), makes the annexed CEFTA Verification of Origin of Exported Goods Regulations.

CEFTA VERIFICATION OF ORIGIN OF EXPORTED GOODS REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act” means the Customs Act. (Loi)

“customs administration” means the competent authority that is responsible under the law of an EFTA state for the administration of its customs laws and regulations. (administration douanière)

“goods” means goods for which preferential tariff treatment under the CEFTA is claimed. (marchandises)

“verification letter” means a letter that requests information with respect to the origin of goods that are the subject of a verification of origin. (lettre de vérification)

“verification questionnaire” means a questionnaire that requests information with respect to the origin of goods that are the subject of a verification of origin. (questionnaire de vérification)

“verification visit” means the entry into any premises or place for the purpose of conducting a verification of origin of goods under subsection 97.201(1) of the Act. (visite de vérification)

MANNER OF CONDUCTING A VERIFICATION OF ORIGIN

2. In addition to a verification visit, a verification of origin of goods exported from Canada to an EFTA state may be conducted by a review of

PRESCRIBED PREMISES OR PLACE

3. For the purpose of paragraph 97.201(2)(a) of the Act, the premises or the place that may be entered for the purpose of conducting a verification visit is that of the exporter of the goods.

CONDITION FOR CONDUCTING A VERIFICATION VISIT

4. An officer may conduct a verification visit only if they send a written notice of their intention to do so to the exporter whose premises or place is the subject of the verification visit.

OBSERVER

5. If requested by the customs administration of the EFTA state of import, the exporter whose premises or place is subject of the verification visit must permit the participation of an observer from that customs administration.

MANNER OF SENDING DOCUMENTS

6. For the purpose of paragraph 97.201(3)(a) of the Act, the opinion and supporting documents are to be provided by any means of transmission that produces confirmation of receipt.

AMENDMENTS TO THESE REGULATIONS

7. Sections 2 to 4 of these Regulations are replaced by the following:

2. In addition to a verification visit, a verification of origin of goods exported from Canada to an EFTA state may be conducted by a review of

PRESCRIBED PREMISES OR PLACE

3. For the purpose of paragraph 97.201(2)(a) of the Act, the premises or the place that may be entered for the purpose of conducting conduct of a verification visit is that of the exporter or the producer of the goods.

CONDITION FOR CONDUCTING A VERIFICATION VISIT

4. An officer may conduct a verification visit only if they send a written notice of their intention to do so to the exporter or the producer whose premises or place is the subject of the verification visit.

COMING INTO FORCE

8. (1) These Regulations, except section 7, are deemed to have come into force on July 1, 2009.

(2) Section 7 comes into force on the day on which these Regulations are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2013-213, Regulations Amending Certain Regulations Made Under the Customs Act (CEFTA, CPFTA and CCOFTA).