CANADA-ISRAEL FREE TRADE AGREEMENT

AMENDMENTS TO CHAPTERS THREE AND FIVE

 

 

Article 3.5: Direct Shipment and Transhipment

 

Paragraph 1 - Delete subparagraph (c) and replace with the following:

 

(c)        subject to Article 5.12(4) and except for a good listed in Chapter 50 through 63, the good is transhipped through the territory of a non-Party with which each Party has entered separately into a free trade agreement under Article XXIV of the GATT 1994 before this Agreement enters into force and:

 

(i)         does not undergo further production other than minor processing in the territory of that non-Party, or

 

(ii)        any processing that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by greater than ten per cent.

 

Article 3.12: De Minimis Calculation and Application

 

Paragraph 6 - Delete subparagraph (c) and replace with the following:

 

(c)        where not included under subparagraph (a) or (b), include freight, insurance, packing and all other costs incurred in transporting the material to the point of importation.

 

Article 3.13: Definitions

 

Add, after the definition for adjusted to an F.O.B. basis, the following definition:

 

alteration means a modification, other than a repair, that does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good;

 

In the definition of minor processing, delete subparagraph (f) and replace with the following:

 

(f)         packaging or repackaging of the good for retail sale or relabelling of the good in one or more official languages of a Party, or

 

In the definition of minor processing, delete subparagraphs (h) and (i).

Add, after the definition for production, the following definition:

 

repair means the adjustment of a machine, instrument, electrical device or other article, including replacing or refitting parts to restore the article to its original operating condition;

 

 

Article 5.12: Working Group on Rules of Origin and Other Customs-Related Market Access Issues

 

Paragraph 4 - Delete subparagraphs (a), (b) and (c) and replace with the following:

 

(a)                the agreement by the Parties on the method of verification by a customs administration that a good has undergone no further production other than minor processing in the territory of a non-Party referred to in Article 3.5(1)(c) or that any processing that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by greater than ten per cent, based on the principles of Article 5.6;

 

(b)                the establishment by the Parties of a Declaration of Minor Processing for the purpose of certifying that the good has undergone no further production other than minor processing in the territory of a non-Party referred to in Article 3.5(1)(c) or that any processing that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by greater than ten per cent; and

 

(c)                the establishment by the Parties of an obligation regarding the completion of the Declaration of Minor Processing and the obligations regarding importations, exportations and record-keeping with regard to a good that undergoes minor processing or any processing that does not increase the transaction value of the good by greater than ten per cent, as referred to in Article 3.5(1)(c), based on the principles set out in Articles 5.1 to 5.5.

 

Add, immediately after paragraph 8, the following:

 

9.         The Parties will, no later than January 1, 2005, review the application of Article 3.5(1)(c) to take into account changed circumstances, such as technological advances or changes in market conditions with respect to international trade in textiles.