Copyright 1996
InterAm Database
National Law Center for Inter-American Free Trade


June 1996

NAFTA Works Help Desk

Embassy of Mexico

QUESTIONS FROM OUR NAFTA HELP DESK


Q:  What are the obligations of an importer or exporter with respect to the 
certificate of origin?

A.  The importer’s obligations are the following:

  Maintain a copy of the certificate for at least five years
 
  Submit a copy of the certificate when required

In addition to the above, the exporter must:

  Advise in writing to the importer or any other person to whom the 
original certificate has been delivered of any changes on 
certificate
 
  Maintain the accounting records used to complete the certificate 
for at least five years

Q.  What would be the penalty in Mexico if the certificate of origin is not 
attached to the entry document?

A.  If the importer does not attach the certificate of origin to the entry 
document, he will not be liable for any violation relating to the non-compliance 
of the obligation to submit documents covering the imported goods, since the 
NAFTA does not establish that it is mandatory to submit the certificate at the 
time of importation, but when the customs authority may request it.

Q.  Who should keep the original certificate of origin?

A.  The original certificate of origin must be kept by the exporter or the 
producer and must be submitted upon request by the authority.

Q.  Are the certificates of origin issued by SECOFI valid for imports under 
NAFTA?

A.  No.  Rules for completing certificates and determining a good’s origin for 
ALADI and GSP are different, and therefore, these certificates cannot be used 
to apply for NAFTA preferential treatment.  Furthermore, NAFTA does not 
require the certificate to be validated by any government agency or person.

Q.  Is it acceptable to fax a certificate of origin?

A.  Copies by a facsimile machine are as valid as photocopies; that is, they will 
be valid to certify the origin of goods.