CBSA has confirmed that a digital representation of a cursive signature is acceptable on a NAFTA Certificate of Origin.

Members will recall that this is a long outstanding issue, with previous information received often confusing. The following, from CBSA, should finally bring this issue to a close.

As per our telephone conversation on Friday morning, I wish to confirm that the Canada Border Services Agency (CBSA) acknowledges a digital representation of a cursive signature as an acceptable means of certifying origin under the North American Free Trade Agreement (NAFTA), in accordance with paragraph 46(e) of Memorandum D17-1-1, Documentation Requirements for Commercial Shipments.

That said, please be reminded that the decision remains with the importer, who is claiming a preferential tariff treatment on the basis of that certificate or statement of origin, to determine whether or not s/he is willing to accept an official document provided by the exporter or producer that features an electronic representation of a hand-written signature rather than an original.

Further, the onus remains on the exporter to ensure that the electronic signature that is used in certifying origin is adequately controlled, with limited delegation to subordinates, and is used only in respect of goods where the authorized user has sufficient knowledge of their origin.

As you know, should the CBSA question the validity of a particular certificate or statement of origin, its verification will go well beyond a confirmation of the authenticity of the signature thereon.

As a point of interest, members may wish to see a favourable CBP ruling that addresses this same issue:

http://www.faqs.org/rulings/rulings2006HQ563436.html

Questions and comments can be sent to the CSCB at [email protected]