OCG-FDEA

By Steph2
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In The Matter OfOCG-FDEA
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 5 Form of certifications of origin

1 The application for a certification of origin shall be made using the certification application form contained in Annex 3 and shall be signed. The form shall as a rule also be used in electronic processing. 2 The certificate of origin shall be issued on the form contained in Annex 4. The form shall as a rule also be used in electronic processing. 3 The certification application form shall be printed on yellow paper, and the certificate of origin form on green paper. White paper may be used in electronic processing. 4 The attestation of origin on commercial invoices or other commercial documents shall be effected by means of a stamp or, in electronic processing, by means of a corresponding imprint. 5 Certificates of origin and attestations of origin shall be issued in an official national language. A different language may be used, should this be required. The certification office may request an authenticated translation in an official national language. 6 Copies of the certificate of

Art. 6 Declaration of origin

The declaration of origin shall be stated on commercial invoices or other commercial document in accordance with Annex 5.

Art. 7 Translation of foreign certifications of origin

For foreign certifications of origin that serve as preliminary documents pursuant to Article 17 of the OCG, the certification office may request a certified translation in an official national language.

Art. 8 Application procedures for certifications of origin

1 The applicant shall complete the certification application and, if necessary, the certificate of origin form. Commercial invoices and other commercial documents that are to be certified shall contain corresponding data. 2 Hand-written applications shall be completed in ink or with a ballpoint pen using block letters. 3 The applicant shall: a. provide proof of the Swiss origin of the good by means of verifiable documentation; b. present a declaration of origin issued within the territory; or c. provide proof of the foreign origin of the good by presenting a basic or replacement certificate or an internal certification pursuant to Article 17 of the OCG or an equivalent attestation. 4 In examining whether the documents referred to in paragraph 3 correspond to the good, the certification office must be provided with further substantiating documents, in particular, the supplier’s invoice made out to the applicant, the commercial invoice and other documents related to the transaction. 5 If

Para. 6 let. a — [AS 2002 1158; 2004 4599, 4971; 2005 569; 2006 867 Annex No 3, 2901, 2995 Annex 4 No II 8, 4659; 2007 1469 Annex 4 No 22, 2273, 3417. AS 2008 3519 art. 7]. See now the Free Trade O 1 of 18 June 2008 (SR 632.421.0). Para. 6 let. b — SR 632.319 Para. 6 let. c — [AS 1996 1540; 1998 2035; 2004 1451; 2008 1833 Annex No 4. AS 2011 1415 art. 48]. See now the O of 30 May 2011 (SR 946.39).

Art. 9 Agreements on simplified procedures and authorisation to use the electronic certification procedure

1 The certification offices may conclude agreements pursuant to Article 20 of the OCG if: a. the individuals and businesses concerned routinely make applications for certifications of origin; and b. control of the originating status of the goods is guaranteed. 2 Individuals and businesses with which the certification office has concluded an agreement pursuant to paragraph 1 shall be permitted to use the electronic certification procedure. 3 In justified cases, the certification offices may permit individuals and businesses to use the electronic procedure without an agreement pursuant to paragraph 1, provided control of the originating status of the goods is guaranteed.

Art. 10 Certifications of origin for public procurement contracts

1 The applicant shall satisfactorily demonstrate to the certification office that in the event that a contract is awarded, the good being offered will be wholly obtained or produced or sufficiently worked or processed within the territory. 2 The details given on the certification application, the certificate of origin or the commercial document on which the attestation of origin is made shall conform with Annex 6.

Art. 11 Retroactive issue of certifications of origin

Provided the necessary supporting documents have been furnished pursuant to Article 8 paragraphs 3 and 4, certifications of origin may be issued retrospectively for goods that have already been supplied.

Art. 12 Loss of certifications of origin

1 In the event of theft, loss or destruction of a certification of origin, the exporter may request that the certification office issue a duplicate. 2 The duplicate shall be marked «Duplikat», «Duplicata» or «Duplicato» and shall contain the number and issue date of the original document. The mark may in addition be added in another language as well.