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Traffic Manual

VII.3.3.2. Alternative proof of the inclusion of goods in a customs regime in a third country

Article 51, paragraph 1, of Appendix I to the Convention
Article 312, section 1, of the AE

Alternative proof may be provided by one of the following types of documents which enable the competent authorities of the country of departure to establish that they cover the goods in question and that, consequently, those goods have actually left the territory of the Contracting Parties or the Union:

  1. An original customs document issued in a third country in which the goods are placed under a customs procedure.
    Where the original customs document is provided in the form of an electronic customs document, the customs authorities of the country of departure may accept it as alternative evidence provided that, in case of doubt, such authorities:
    1. have the possibility of directly accessing the electronic customs document in the respective customs system of the third country concerned (see examples); or
    2. have the opportunity to contact the respective customs authorities of the third country in question through official correspondence and have them confirm the authenticity of the electronic customs document or facilitate access to it.
  2. Any other document certifying that the goods are in free circulation in the third country concerned, stamped, signed or otherwise certified (for example, electronically or by other means of certification used by third countries) by its customs authorities, in such a way that it can be accepted by the customs authorities of the country of departure.
ECONOMIC OPERATORS
It is the responsibility of the holder of the customs regime to provide the aforementioned documents in case alternative proof is needed that the goods were placed under a customs regime in a third country.
Note: These alternative proofs may be replaced by certified copies, either by the body that endorsed the original document, by the authorities of the third country concerned, or by the authorities of one of the Member States or common transit countries.

If the alternative evidence is presented to the satisfaction of the competent authorities of the country of departure, that is, if it allows them to truly verify that it corresponds to the goods in question and that there is no doubt about the authenticity of the document or its certification by the competent authorities, they will proceed to complete the transit operation.

Example 1. Acceptable alternative test:
A document from Peru in which the printed version of the electronic import declaration is not authenticated by an authority. However, the content of the import declaration can be verified online in the Peruvian customs system, available at:

http://www.sunat.gob.pe/aduanas/informli/ildua.htm

Example 2. Unacceptable alternative test:
The printed version of an electronic import declaration from a third country that is not authenticated by an authority. It is not possible to verify the declaration directly in the third country's customs system, and no satisfactory response has been received to authentication requests submitted using the contact information (email or telephone number, for example) available to the customs administration or included in the printed version of the third country's electronic import declaration.