European Free Trade Association (Jersey) Law 1960

Jersey Law 8/1960 EUROPEAN FREE TRADE ASSOCIATION (JERSEY) LAW, 1960. ____________ A LAW to make provision for matters arising out of the establishment of the European Free Trade Association or otherwise out of agreements relating to trade made with members of the Association, sanctioned by Order of Her Majesty in Council of the 7th day of JUNE, 1960. ____________ (Registered on the 11th day of June, 1960). ____________ STATES OF JERSEY. ____________ The 31st day of March, 1960. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 INTERPRETATION In this Law – “the Convention” means the Convention establishing the European Free Trade Association which was signed at Stockholm on the fourth day of January, nineteen hundred and sixty; “the Convention area” and “Convention area origin” have the meanings assigned to them respectively by Article 9 of this Law; “Convention rate of duty” means a rate of customs duty which is applicable to goods by reason of their being of Convention area origin, and includes an exemption which is so applicable from any customs duty; “country” includes territory; “customs duty” includes any corresponding duty in any part of the Convention area; * * * * * * * 1 ARTICLE 2 RULES FOR DETERMINING ORIGIN AND PLACE OF CONSIGNMENT OF GOODS (1) The [Finance and Economics Committee] 2 may by order make provision as to the cases in which, in determining eligibility for any Convention rate of duty, goods are or are not to be treated as of Convention area origin, as to the time by reference to which, in determining eligibility as aforesaid, the question whether goods are to be so treated is to be decided, and as to the evidence which is to be required or is to be sufficient for the purpose of showing that goods are or are not to be so treated. (2) Subject to the provisions of any order under this Article, where, in connexion with eligibility for a Convention rate of duty, any question arises whether goods are of Convention area origin, the Principal Agent of the Impôts may require the importer of the goods to furnish to him, in such form as he may require, proof of any statement made to him as to any fact necessary to determine that question; and if such proof is not furnished to his satisfaction, the question may be determined without regard to that statement. (3) Any order under this Article may make different provisions for different purposes and in relation to goods of different descriptions. (4) For the avoidance of doubt it is hereby declared that any order under this Article may make provision for determining in what cases produce of the sea, or goods produced or manufactured therefrom at sea, are to be treated as of Convention area origin. (5) Nothing in Article 11 of the Import Duties (Jersey) Law, 1932 3 or in regulations made under the said Article shall apply for the purpose of determining whether goods are eligible for a Convention rate of duty. ARTICLE 3 PROVISIONS AS TO CONVENTION RATES OF DUTY WHERE DRAWBACK, ETC., ALLOWABLE (1) Notwithstanding anything in any enactment, goods may, in such circumstances or subject to such limitations as may be prescribed, be treated as not eligible for a Convention rate of duty on importation into the Island if – (a) drawback was allowable, in connexion with any exportation from any part of the Convention area of the goods or of articles used in the production or manufacture of the goods; and (b) the Principal Agent of the Impôts is not satisfied that the drawback has not been and will not be allowed. (2) Where on importation into the Island goods have been treated as eligible for a Convention rate of duty, and after their importation drawback allowable as aforesaid is allowed, the Principal Agent of the Impôts may, in such circumstances as may be prescribed, recover from the importer the additional amount of duty which would have been chargeable on the importation of the goods if they had not been so treated. (3) References in paragraphs (1) and (2) of this Article to drawback include references to any prescribed remission or repayment of, or exemption from, duty chargeable on importation into any part of the Convention area. (4) In this Article “prescribed” means prescribed by order made by the [Finance and Economics Committee] 4 ARTICLE 4 VERIFICATION OF ORIGIN OF EXPORTED GOODS (1) For the purpose of complying with any request made under arrangements made for the purposes of the Convention to verify or investigate any certificate or other evidence relevant to the question whether any goods exported from, or produced or manufactured (directly or indirectly) from goods exported from, the Island are eligible in another part of the Convention area for a Convention rate of duty, the Principal Agent of the Impôts may carry out such investigations, and may make to the government or authority making the request such report, or provide them with such information, as may appear to the Principal Agent of the Impôts to be requisite; and the Principal Agent of the Impôts may require – (a) the exporter; or (b) any other person appearing to the Principal Agent to have been concerned with the goods, or any goods from which, directly or indirectly, they have been produced or manufactured (whether he was concerned with them as respects growth, production, manufacture or handling or in any other way); or (c) any other person appearing to the Principal Agent to have been concerned in the giving of the certificate or evidence; to furnish such information in such form and within such time as the Principal Agent may specify in the requirement. (2) Any reference in paragraph (1) of this Article to the furnishing of information includes a reference to the production of invoices, bills of lading, and other books or documents whatsoever, and to allowing the Principal Agent of the Impôts to inspect them and to take copies thereof or extracts therefrom. (3) Any person who without reasonable cause fails to comply with a requirement under this Article shall be liable to a fine not exceeding fifty pounds. (4) An averment in any process in proceedings under this Article that any requirement to furnish information which has been made was made for the purpose specified in paragraph (1) of this Article shall, until the contrary is proved, be sufficient evidence that the requirement was so made. ARTICLE 5 PENALTIES FOR UNTRUE DOCUMENTS OF ORIGIN FOR GOODS EXPORTED Any person who in the Island makes or signs, or causes to be made or signed, any document relating to goods exported or to be exported from the Island which is untrue in a material particular, being a document made for production in support of a claim that the goods, or any goods produced or manufactured, or to be produced or manufactured, from the goods, are eligible in any part of the Convention area for a Convention rate of duty, shall be liable to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. ARTICLE 6 APPLICATION OF LAW TO SUBSEQUENT AGREEMENTS WITH CONVENTION COUNTRIES If it appears to the States that by reason of any agreement with respect to trade made after the fourth day of January, nineteen hundred and sixty (being the date of the signing of the Convention in Stockholm) between all or any of the countries which are for the time being parties to the Convention, or between all or any of those countries and any other country, it is expedient so to do, the States may by Act direct that this Law shall have effect with such adaptations or modifications of references to the Convention, the Convention area, Convention area origin or Convention rates of duty as may be specified in the Act. ARTICLE 7 ORDERS (1) Every order made under this Law shall be laid before the States as soon as may be after it is made, and if the States, within the period of twenty-one days, beginning with the day on which any such order is laid before them, resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new order. (2) The Greffier of the States shall cause every order made under this Law to be printed and shall cause to be published in an English 5 language newspaper circulating in the Island, a notice stating that the order has been made, the date of the coming into force thereof and the place at which printed copies thereof may be purchased. ARTICLE 8 EXPENSES The administrative expenses of any department of the States under this Law shall be defrayed out of the General Revenues of the States. ARTICLE 9 THE CONVENTION AREA; AND CONVENTION AREA ORIGIN (1) For the purposes of this Law, of any other enactment relating to duties of customs, and of any instrument having effect under such an enactment, “the Convention area” means, subject to the provisions of this Article, Austria, Denmark, [the Faroe Islands], 6 [Greenland], 7 Great Britain with Northern Ireland, the Isle of Man and the Channel Islands, [Finland], 8 [Iceland], 9 Liechtenstein, Norway, Spitzbergen, Portugal with the Azores and Madeira, Sweden and Switzerland; and in this Law “Convention area origin” means, in relation to any goods, that they were grown, produced or manufactured in, and consigned from a place in, the Convention area. (2) If the States by Act declare that any country specified in the Act, and not named in paragraph (1) of this Article, is included in the area of the European Free Trade Association, that country shall be deemed to be named in that paragraph. (3) If the States by Act declare that any country named in paragraph (1) of this Article has ceased to be included in the area of the European Free Trade Association, that country shall be deemed no longer to be named in that Article. ARTICLE 10 SHORT TITLE This Law may be cited as the European Free Trade Association (Jersey) Law, 1960. To be printed, published and posted. F. DE L. BOIS, Greffier of the States. 1 Definition deleted by European Communities (Jersey) Law, 1973 (Volume 1973–1974, page 107). 2 Words substituted by European Communities (Jersey) Law, 1973 (Volume 1973–1974, page 107). 3 Tome VII, page 48. 4 Words substituted by European Communities (Jersey) Law, 1973 (Volume 1973–1974, page 107). 5 See Official Publications (Jersey) Law, 1960—Article 2. 6 Words inserted by European Free Trade Association (No. 3) (Jersey) Act, 1968 (R & O 5035). 7 Word inserted by European Free Trade Association (No. 2) (Jersey) Act, 1961 (R & O 4274). 8 Word inserted by European Free Trade Association (No. 1) (Jersey) Act, 1961 (R & O 4261). 9 Word inserted by European Free Trade Association (No. 4) (Jersey) Act, 1970 (R & O 5463).