The Minister of State in charge of Industrial and Commercial Development and the Minister of the Economy and Finance
hereby order as follows :
Chapter I : General provisions
Article 1 : In these regulations unless the context requires otherwise :
"AGOA" means the African Growth and Opportunity Act of 2000, enacted by the Government of the United States of America ;
"Certificate" means the Certificate of Origin in accordance with these Regulations ;
"Director of Customs" shall mean the person designated by the competent authority to be the director of customs and acting under the control or direction of the person so designated by the Minister ;
“Export" means any product exported from Cameroon ;
"Exporter" includes any person who, at the time of exportation :
(a) owns any goods exported ;
(b) carries the risk of any goods exported ;
(c) represents that or acts as if he is the exporter or owner of any goods exported ;
(d) actually takes or attempts to take any goods from Cameroon ;
(e) is beneficially interested in any way whatever in any goods exported ;
(f) acts on behalf of any person referred to in paragraph (a), (b), (c), (d) or (e) ; and in relation to imported goods includes the manufacturer, supplier or shipper of such goods or any person inside or outside Cameroon representing or acting on behalf of such manufacturer, supplier or shipper ;
"Product" includes textile and apparel article claiming preferential tariff treatment under the AGOA ;
"Minister” means the Minister in charge of foreign trade and the Minister in charge of customs ;
"Officer” includes any person appointed by the Minister for the implementation of theseregulations ;
“Preferential treatment" Means, duty-free and quota-free treatment applicable under AGOA in respect of any product ;
"Producer or Manufacturer" means any person manufacturing or producing goods in Cameroon ;
"Person" includes an individual, partnership, company or corporate body ;
"USA" means the United States of America ;
"Transhipment" occurs when preferential treatment for a textile or apparel article bas been claimed under AGOA on the basis of material false information concerning the country of origin, manufacture, processing or assembly of an article or any of its components.
"False information" is material when such information would mean or have meant that the article is or was ineligible for preferential treatment.
Article 2 : This order shall define the procedure for the control of the exportation of textile and apparel products under the AGOA.
Chapter II : Registration and records
Article 3 : Any person who exports any product shall :
a) register with the administration in charge of foreign trade and the one in charge of customs and de register when production cease.
b) keep proper books of accounts showing the true financial status of his operations.
Article 4 : Any person who produces, manufactures or exports any product shall maintain and should be able to make available at all times complete records of :
(i) the purchase, cost, value of and payment for the exported goods ;
(ii) purchase, cost, value of and payment for all materials including indirect materials used in the production of the exported goods ;
(iii) production of goods of the form in which they are exported, including materials used ;
(iv) place of production ;
(v) numbers of employees in production ;
(vi) exports of any product ;
(vii) import of any product used in production ;
(viii) number, identification and types of machinery used in production.
Article 5 : A person referred to in Article 4 above shall in all instances keep available for inspection by an officer records referred to in the aforesaid Article and any such books, accounts and documents associated with the production or export of goods for at least five (5) years from the date of exportation or production as the case may be, such documents and records shall be provided to any officer and the USA customs Service on request.
Chapter III : Visa requirements
Article 6 : Any person who exports any textile or apparel product under AGOA to the USA market must apply for and be issued a visa in accordance with these regulations. A stamped application for a visa, addressed to the Director of Customs shall be accompanied by :
(i) the original commercial invoice ;
(ii) two copies of the original commercial invoice ;
(iii) three copies of the certificate of origin mentioned in article 6.
Article 7 : A visa shall not be issued if any of the documents identified in Article 6 have been altered, or are missing, illegible, or incorrect.
Article 8 :
(a) The visa must contain the following :
(i) visa number
(ii) date of issuance
(iii) the name and Signature of and authorised government official ;
(iv) grouping (1-9)
(v) Quantity
(b) The visa stamp, in blue ink only, shall be affixed only to the front of the original commercial invoice.
(c) A visa shall only be signed by a custom official designated by the Director of Customs.
Article 9 : The director of customs may on receipt of an application for a visa :
(i) request the applicant to furnish any other information as he may deem fit,
(ii) issue a visa on such terms and conditions as he may deem fit ;
(iii) reject the application if it does not comply with provisions of AG0A, (in case of export to USA) or these regulations.
Chapter IV : Certificate of origin
Article 10 : The certificate of origin shall :
a) be in the form set out in the first schedule to these regulations ; had,
b) be applicable to one or multiple importations of identical products that occur within a period of 12 months.
Chapter V : Right to enter premises
Article 11 : Customs officer may at all times enter any premises in which products are manufactured or produced or from which products are exported in order to :
(i) investigate thoroughly allegations of transhipment an officer may require access to all parts of the premises ;
(ii) ensure that provisions of these regulations are being complied with ;
(iii) verify the facts deposed to in the certificate and observe facilities used in the production of goods.
Article 12 : A United States Customs Official may accompany any officer in conducting verification visits.
Article 13 : An exporter or manufacturer whose plant is visited by an officer shall provide the officer with all such information the officer may need and produce all such documents the officer may demand ;
Article 14 : Prior to conducting a verification visit, an officer accompanied by a U.S. Customs Official shall except in the case of a textile or apparel verification visit :
(i) notify the producer, manufacturer or exporter whose premises are to be visited of the intention to conduct a visit ;
(ii) notify the Director of customs.
Chapter VI : Offences and penalties
Article 15 : Any person, including a producer, manufacturer or exporter, who :
(i) fails or neglects to keep appropriate books, and records as provided in these regulations ;
(ii) submits for the purpose of an application for a visa information which is false, incorrect, incomplete or misleading in any way or a document which is not genuine ;
(iii) tampers with any visa or causes any visa to be tampered with ;
(iv) refuses access to an officer or U.S. customs service official either as regards entry into the premises or inspection of records;
(v) engages in transhipment ;
(vi) commits an offence.
Article 16 : The offences mentioned in Article 15 above shall be punishable at a minimum by a fine equal to three times the value of the goods with respect to which the offence was committed, and otherwise in accordance with the provisions of chapter VI, sections 398 to 426 of the customs Code of the Customs Union of Central African States (UDEAC).
Chapter VII : Confidentiality
Article 17 : Each party shall maintain the confidentiality of business information collected and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.
Article 18 : The confidential business information collected pursuant to these provisions may only be disclosed to those authorities responsible for the administration and enforcement of determinations of origin, and of customs and revenue matters.
Chapter VIII : Final and miscellaneous provisions
Article 19 : Commission of any offence under these Regulations may result in visa denial and denial of preferential tariff treatment.
Article 20 : The Director of commercial Promotion and Services and the Director of Customs shall be responsible, each within his own sphere, for the implementation of this order, which shall enter into force from the date of signature, and shall be registered and published according to the procedure of urgency, and inserted in the official gazette in English and French.
Minister of State in charge of Industrial and commercial Development
Maïgari BELLO BOUBA
Minister of the Economy and finance
Michel MEVA’A M’EBOUTOU
