Who can sign a CUSMA certification of origin?
Last updated 3 October 2026
Quick answer
The exporter, the producer or the importer of the goods. Any of the three may complete the certification, and the document itself must say which one is certifying. (CUSMA Article 5.2 and Annex 5-A)
This guide describes the rules on signing. It does not tell you whether your goods qualify, or whether you in particular have enough information to certify them.
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Make my certificate →Who can certify origin under CUSMA?
This differs from NAFTA. CBSA explains that under NAFTA and several of Canada’s other agreements the exporter completes and signs the certificate, while under CUSMA it may be completed by the producer, the exporter or the importer. (CBSA D11-4-14) Each has a different basis for certifying:
- Producer — on the basis of having information, including documents, that demonstrate the good is originating.
- Exporter who is not the producer — on the basis of having that kind of information, or of reasonable reliance on the producer’s written representation, such as a certification of origin, that the good is originating.
- Importer — on the basis of having information, including documents, that demonstrate the good is originating.
Can an importer certify its own goods?
The agreement lets the importing country ask an importer who certifies for supporting documents, set conditions in its law that importers must meet before certifying, and stop an importer who does not meet them from certifying its own goods. (CUSMA Article 5.2.2) If the claim rests on an importer’s own certification, the importer must be able to show customs, on request, that the good is originating. (CUSMA Article 5.4.1(d))
A footnote to the agreement gave Mexico up to three years and six months after entry into force to implement certification by importers. (CUSMA Chapter 5, footnote 1)
Who in the company should sign?
The certifier is a company, but a person signs. CBSA’s guidance is specific: “Only those officials who have the legal vested authority to sign on behalf of a company, or who have sufficient knowledge of the origin of the goods may sign the certificate.” (CBSA D11-4-14, paragraph 4)
The certification has to identify that person. Annex 5-A asks for the certifier’s name, title, address (including country), telephone number and email address. (CUSMA Annex 5-A) CBSA adds that where a certifier’s address is outside Canada, the United States and Mexico (for instance a head office that issues the invoices), the addresses of the exporter and producer that the Annex requires still have to be given. (CBSA)
Can a third party sign on someone’s behalf?
A third party can complete and sign for the exporter, producer or importer, but CBSA sets two conditions: the third party must have knowledge of the origin of the goods, and all parties must be able to show CBSA that the signer has the legal authority to do it, such as a power of attorney. (CBSA D11-4-14, paragraph 5)
Can it be signed electronically?
Each country must accept a certification with an electronic or digital signature, and allow it to be completed and submitted electronically. (CUSMA Article 5.2.6) Whatever the method, it must be signed and dated by the certifier and carry the prescribed certification statement. (CUSMA Annex 5-A, element 9)
What does signing commit you to?
The statement is not boilerplate. By signing, the certifier says the goods qualify and the information is true and accurate, assumes responsibility for proving it, and agrees to keep and produce the supporting documents on request or during a verification visit.
An exporter or producer who certifies also has continuing duties under the agreement: give its own customs administration a copy on request, and promptly notify in writing everyone it gave the certification to if it learns the certification contains or is based on incorrect information. (CUSMA Article 5.6) It must also keep the records that show the good is originating. (CUSMA Article 5.8)
Can a country require an exporter or producer to sign?
The agreement says a country cannot require an exporter or producer to complete a certification of origin, or to give one to another person. (CUSMA Article 5.3.4) If you are asked to sign one and are not confident about the origin of the goods, a licensed customs broker or trade lawyer can help before you do.
Sources
- CUSMA Chapter 5 (Origin Procedures) and Annex 5-A — Global Affairs Canada
- Memorandum D11-4-14, Certification of Origin Under Free Trade Agreements — CBSA
- Certifying the origin of goods — CBSA
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Make my certificate →OriginCert prepares the document. It does not decide whether your goods qualify.