Transcript APPLICATION OF THE EXAMPLE AUTHORIZATION AND AGREEMENT Agenda Item 6 Application of the example authorization and agreement Economic Commission for Europe INLAND TRANSPORT COMMITTEE Working Party on.

APPLICATION OF THE EXAMPLE
AUTHORIZATION AND AGREEMENT
Agenda Item 6
Application of the example authorization
and agreement
Economic Commission for Europe
INLAND TRANSPORT COMMITTEE
Working Party on Customs Questions affecting Transport
TIR Contact Group
(Seventh session, Athens 22 and 23 April 2002)
UNITED
NATIONS
History

Phase I of the TIR revision process

New Annex 9: Access to the TIR procedure
– Part I: Authorization for associations to issue TIR
Carnets;
– Part II: Authorization for natural and legal persons to
utilize TIR Carnets
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Contact Group - 7th Session - Agenda item 6
Authorization for associations to
issue TIR Carnets

Annex 9, Part I contains the minimum conditions
and requirements;
– The act of authorization as a unilateral act by competent
authorities;
– The written agreement (or any other legal instrument)
between competent authorities and the national
association.
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Contact Group - 7th Session - Agenda item 6
Example authorization 1/2
– Authorization to issue TIR Carnets and to act as
guarantor
 Proved existence for at least one year;
 Provided proof of sound financial standing and
organizational capabilities;
 Proved knowledge of its staff in the proper
application of the TIR Convention;
 Not committed serious or repeated offences against
Customs or tax legislation;
 Establishment of a written agreement (or any other
legal instrument) with the national association,
containing at least the undertaking, mentioned in
paragraph 1 (f);
 Additional conditions and requirements (if any).
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Example authorization 2/2
– Entry into force

Day written agreement/legal instrument becomes
effective.
– Revocation

Without prejudice to responsibilities and liabilities of
the association under the TIR Convention.
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Example agreement 1/5
– Undertaking by the association to:

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


Comply with the liability obligations of Article 8;
Accept the maximum sum per TIR Carnet;
Verify continuously whether authorized TIR Carnet
holders fulfil minimum conditions and
requirements;
Provide guarantee for TIR Carnets issued by itself
and by foreign associations;
Cover its liabilities by means of an insurance or
financial guarantee;
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Contact Group - 7th Session - Agenda item 6
Example agreement 2/5

Allow verification of records and accounts;

Accept a procedure for settling disputes on the
improper or fraudulent use of TIR Carnets;

Agree that serious or repeated non-compliance lead
to revocation of the authorization;

Comply with decisions of competent authorities in
the application of Article 38 and Annex 9, Part II;

Agree to implement decisions by TIR Administrative
Committee and TIR Executive Board.
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Example agreement 3/5
– Liability


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Payment of import and export duties and taxes,
together with any default interest if an irregularity
has been noted in connection with a TIR operation;
Joint and several liability with the persons from
whom the payment is due;
Starts at the time when a TIR Carnet is accepted by
the Customs office of departure or (in succeeding
countries) when the goods are imported.
– Maximum guarantee per TIR Carnet

Sum equal to $US 50,000 (Explanatory Note 0.8.3).
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Example agreement 4/5
– Entry into force

After insurance or financial guarantee contract
covering the totality of liabilities has been produced;

A true and certified copy of the global insurance
contract, concluded and signed between IRU, acting
on its own behalf and on behalf of its member
associations and the international insurer is
(temporarily) admissible.
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Example agreement 5/5
– Termination

Unilaterally, at any time;

Period of notice must be shorted than period of
notice for the insurance or financial guarantee;

Without prejudice to responsibilities and liabilities of
the association under the TIR Convention.
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Contact Group - 7th Session - Agenda item 6
Implementation at the national
level

Annex 9, Part 1 contains minimum conditions and
requirements to be established in each Contracting Party;

The provisions of Annex 9, paragraph 1 (e) and f have to be
included explicitly;

Contracting Parties free to establish other and/or additional
conditions and requirements.
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Contact Group - 7th Session - Agenda item 6