Procedures to guide the administration of short-supply allowances under the Canada – Colombia Free Trade Agreement
1. These procedures have been established in accordance with Article 317 of the Canada – Colombia Free Trade Agreement to serve as guidance to administer short supply allowances and may be revised by mutual consent through the Committee on Trade in Goods.
2. In accordance with paragraph 1 of Article 317, these procedures apply to goods classified under Chapters 50 to 63 of the Harmonized System.
3. Each Party should designate a Short Supply Contact Point through which information and notifications under these procedures should be communicated by any means that allows for confirmation of receipt.
4. Based on a determination that a fibre, yarn or fabric is not available in commercial quantities in a timely manner in the territory of any Party, the Parties shall establish a list of short supply allowances and should express their mutual consent for this list through a decision of the Joint Commission on the recommendation of the Committee on Trade in Goods. The Parties should review the list every five years.
5. Each Party shall complete its domestic implementation processes with regard to this list and should notify completion of these processes, including a coordinated date of entry into force of the list, through the Short Supply Contact Points, with a copy to the Agreement Coordinators.
6. The Parties should use these procedures to amend the list by mutual consent in accordance with Article 317.
7. The Parties have determined a common form (“Short Supply Request Form”) that each should use to request an amendment to the short supply list. The form contains detailed information regarding the technical description of a fibre, yarn or fabric in a uniform and efficient manner. The Parties may revise this form by mutual consent expressed through a decision of the Committee on Trade in Goods.
8. A request to amend the list should be submitted through the Short Supply Contact Points. In accordance with paragraph 2 of Article 317, a Party shall, to the extent possible, notify the other Party of the receipt of a request within 10 days of its receipt.
9. On receipt of a request to amend the list, each Party should carry out consultations in accordance with its domestic procedures and notify the results of the consultations through the Short Supply Contact Points.
10. If a Party does not accept a request to amend the list, it should provide its rationale, including: i) a description of the fibre, yarn or fabric being produced; ii) information about the company producing the fibre, yarn or fabric, and iii) the quantity of the fibre, yarn or fabric the company has produced over the three years prior to the request. The Parties may work together to review and revise a rejected request for amendment for re-submission through the Short Supply Contact Points.
11. The Parties should express their mutual consent on the amendment of the list through a decision of the Joint Commission on the recommendation of the Committee on Trade in Goods. The decision shall include the information necessary to complete domestic implementation processes, including a coordinated date for entry into force. Once mutual consent is expressed, each Party shall complete its domestic implementation processes. In accordance with the paragraph 1 of Article 317, this shall be done, to the extent possible, within 45 days of receipt of the request.
13. Each Party should notify completion of its domestic implementation processes through the Agreement Coordinators, with a copy to the Short Supply Contact Points.
14. Each Party should keep records of requests for amendment and related information in accordance with domestic requirements.
15. Canada and Colombia should make a consolidated version of the short supply list available on the website of Global Affairs Canada and the website of the Ministry of Commerce, Industry and Tourism respectively.
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