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Treaty Establishing a Common Market
between the Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay


ANNEX II

GENERAL RULES OF ORIGIN

Chapter II

Declaration, Certification and Verification

Article 11

In order for imports of products originating in the States Parties to benefit from the reductions in duties, charges and restrictions they have granted each other, the export documentation for such products must include a declaration certifying that they meet the requirements of origin established in accordance with the preceding chapter.

Article 12

The declaration referred to in the preceding article shall be issued by the final producer or the exporter of the goods and certified by an official department or professional association with legal personality, authorized by the Government of the exporting State Party.

In authorizing professional associations, States Parties shall make sure that they are organizations which have national jurisdiction and can delegate authority to regional or local associations while remaining directly responsible for the veracity of the certifications issued.

The States Parties undertake to establish, within a period of 90 days from the entry into force of the Treaty, a harmonized regime of administrative penalties for cases of false certification, without prejudice to the corresponding criminal proceedings.

Article 13

Certificates of origin issued for the purposes of this Treaty shall be valid for 180 days from the date of their issue.

Article 14

In all cases, the standard form annexed to agreement No .25 of the Committee of Representatives of the Latin American Integration Association shall be used until such time as another form approved by the States Parties comes into effect.

Article 15

States Parties shall transmit to the Latin American Integration Association the list of official departments and professional associations authorized to issue the certification referred to in the preceding article. with a record and exact copy of the authorized signatures.

Article 16

If a State Party considers that the certificates issued by an official department or professional association authorized by another State Party are not in compliance with the provisions of these general rules, it shall inform that State Party accordingly so that the latter can take whatever steps it deems necessary to solve the problems that have arisen.

In no case may the importing country hold up import procedures for products covered by the certificates referred to in the preceding paragraph. It may, however, in addition to requesting the corresponding additional information from the governmental authorities of the exporting country, take whatever measures it deems necessary to safeguard fiscal interests.

Article 17

For the purposes of subsequent verification, copies of certificates and the corresponding documents shall be kept for two years from the date of their issue.

Article 18

The provisions of these general rules and any amendments thereto shall not affect goods already loaded for shipment on the date of their adoption.

Article 19

The provisions of this Annex shall not apply to the partial scope agreements, economic complementarity agreements Nos. 1, 2, 13 and 14 or trade and agricultural agreements signed in the framework of the Montevideo Treaty of 1980, such agreements being governed exclusively by their own provisions.

(The Spanish and Portuguese versions read: THIS IS A TRUE COPY OF THE ORIGINAL WHICH IS IN THE POSSESSION OF THE TREATY DEPARTMENT OF THE MINISTRY OF FOREIGN AFFAIRS.)

(Signed) Bernardino H. Saguier Caballero
Under-Secretary for Foreign Affairs

Continue on to: Annex III: Settlement of Disputes

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