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Formalities to be performed by the Customs Office of Destination. Relevant Articles in the TIR Convention Article 21 . Explanatory Notes to Article 21 0.21-1 0.21-2 0.21-3 Comments to Article 21 Termination en route Partial termination Final termination.
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Formalities to be performed by the Customs Office of Destination
Relevant Articles in the TIR Convention Article 21 .Explanatory Notes to Article 21 0.21-1 0.21-2 0.21-3 Comments to Article 21 Termination en route Partial termination Final termination
Formalities to be performed by the Customs Office of Destination The Submittal of the TIR Carnet to the Customs office ofDestination, Registration and Approval 1- At the Customs office of destination, the Customs officials in charge of approval shall enter the TIR Carnet information into the “TIR Volet-2” screen of the TIR/Transit Tracking Program in the BILGE System, and the TIR Carnet information shall be registered.
Based on the TIR Carnet information in the system, a “TIR IMPORT” summary declaration shall be formed. The registration number of summary declaration as well as the ID number of the official in charge of inspection appointed by the system shall be indicated on the TIR Carnet. The “TIR IMPORT” summary declaration form (automatically made by the system through the TIR/Transit Tracking Program) shall not be printed.
Inspection at the Customs office of Destination, Unloading Goods and Other Formalities 1- The formalities and controls on the vehicles, goods and TIR Carnets and accompanying documents shall be performed in accordance with the provisions of the TIR Convention, the Customs Law and the relevant legislation.
2- When the official in charge of inspection receives the registered TIR Carnet, he/she shall check whether the documents correspond to the physical conditions of the vehicle, whether the seals affixed by the Customs office of departure or by other Customs offices in the countries en route are intact, whether the sheet on the vehicle has been broken or torn, whether the closed trailers or containers have been broken or punctured, and whether there is a hidden section in the vehicle. Then, under his/her surveillance and responsibility, he/she shall let the goods be unloaded at the warehouse or place of temporary storage or another place approved by Customs.
3- After the goods covered by the TIR Carnet have been unloaded and taken over, a delivery/receipt report in four copies shall be prepared and signed by the official in charge of the warehouse or temporary storage and the driver or the carrier or its representative (Annex 5).
T.C. GÜMRÜK MÜSTEŞARLIĞI Ankara Gümrük ve Muhafaza Başmüdürlüğü Ankara TIR Gümrük Müdürlüğü TESLİM TESELLÜM TUTANAĞI Kapıkule TIR Gümrük Müdürlüğünden giriş işlemi yapılan ve 25.02.2006 tarihinde Ankara TIR gümrüğüne gelen Çoban Dış Tic.A.Ş.’ne ait 34 LV 360 plaka no.lu TIR aracında bulunan XK43046281 no.lu TIR karnesi kapsamı eşyayı taşıyan TIR aracına vurulan 230 no.lu kurşun mühürler sağlam olduğu görülüp heyetçe araç açıldı 40 koli/karton/kap rezervli. Vasıtada manifesto harici olarak başka eşya veya maddeye rastlanılmadığına dair 28.02.2006 tarihinde iş bu tutanak imzası bulunan heyetçe (4 nüsha) tanzim olunarak imza altına alındı. Antrepo veya Geçici Depolama ile Görevli Memur Firma Yetkilisi veya Sürücüsü Rezerv İle İlgili Not :
Of the four copies of that report; • The first copy shall be retained in order to be attached to the Volet-2 voucher of the TIR Carnet concerned. • The second copy shall be left to the relevant service. • The third copy shall be attached to the TIR Carnet. • - The fourth copy shall be given to the driver or the carrier or its representative.
4- In the relevant sections on the TIR Carnet Volet-2 voucher and counterfoil, the necessary remarks and annotations concerning the unloaded goods (number of packages, weight, measurement, quantity) shall be made by the Customs office where the unloading formalities have been performed. 5- In case the goods indicated in the delivery/receipt report and the TIR Carnet correspond with each other, or the imposed fines, if any, have been paid; the relevant parts of the TIR Carnet Volet-2 voucher and counterfoil shall be signed and stamped by Customs stamp, and the TIR Carnet Volet-2 voucher shall be retained. By placing the goods covered by the TIR Carnet under Customs control, the TIR Carnet shall be terminated.
6- After the official in charge of inspection appointed by the system has received the TIR Carnet and made the inspections, he/she shall bring the TIR Carnet to the screen in order to check the concordance of the entered data and the Volet-2 voucher of the TIR Carnet. After their concordance has been confirmed, the approval shall be completed on the Volet-2 screen through the TIR/Transit Tracking Program.
7- After all the goods under cover of the TIR Carnet have been unloaded; a Vehicle Entry-Exit Form shall be issued for foreign vehicles in order to enable their control and tracking during their stay in the Customs territory, or their exit from the country.
TIR Carnet Formalities at Partial Unloadings (In accordonace with the Customs Instruction Published on 23.01.2002) a) Formalities to be performed at the first Customs Office of Entry At the Customs Office of Entry, the formalities mentioned in Article 19 of this Instruction shall be performed in relation to the submitted TIR Carnet as well as the vehicle and goods; the necessary records shall be made on the relevant parts of the TIR Carnet’s Volet-1 voucher and counterfoil and Volet-2 voucher, and the Customs offices of destination, the determined route and transit duration shall be clearly indicated. While entering TIR Carnet data in the TIR/Transit Tracking Program, the number of the TIR Carnet and the page numbers shall be correctly and precisely written. The Volet-1 voucher of the TIR Carnet shall be detached, and kept in accordance with the provisions of this Notification. The TIR Carnet shall be returned to the driver in order to be submitted to the Customs office of destination.
b) Formalities to be performed at the first Customs Office of Destination In relation to the goods covered by the TIR Carnet coming from the Customs office of entry, the first Customs office of destination shall perform the formalities mentioned in Article 25 of the Instruction. The necessary records shall be made on the relevant parts of the Volet-2 voucher and counterfoil, and the quantity of unloaded goods shall be correctly and precisely indicated. On the TIR Carnetwhile entering TIR Carnet data in the TIR/Transit Tracking Program, the number of the TIR Carnet and the page numbers shall also be indicated. The issued delivery/receipt report shall be attached to the Volet-2 voucher of the TIR Carnet, and the Volet-2 voucher of the TIR Carnet used in relation to the unloaded goods shall be detached and retained in accordance with Article 30 of this Instruction. The entry registration no., the Customs office of entry, the name of the second Customs office of destination, the determined route and transit duration shall be clearly indicated on the relevant parts of the subsequent (next) Volet-1 voucher and counterfoil and the Volet-2 voucher of the same TIR Carnet. While entering TIR Carnet data in the TIR/Transit Tracking Program, the number of the TIR Carnet (on which a new entry has been recorded) and the page numbers shall be correctly and precisely written. The Volet-1 voucher shall be detached and retained in order to be treated in accordance with Article 23 of this Instruction. The Carnet shall be returned to the driver, and the vehicle shall be released.
c) Formalities to be performed at the second Customs Office of Destination The formalities mentioned in paragraph (b) of this Article shall be performed in relation to the goods presented to the second Customs office of destination covered by the TIR Carnet. d) Formalities to be performed at the last Customs Office of Destination The goods under cover of the TIR Carnet which have been brought to be unloaded at the last Customs office of destination for the termination of the TIR operation shall be taken over after the completion of the formalities mentioned in Article 25 of this Instruction. The necessary records for unloading shall be made, on the relevant parts of the Volet-2 voucher and counterfoil of the TIR Carnet. The number of the TIR Carnet and the page numbers shall be entered to the TIR/Transit Tracking Program. One copy of the issued delivery/receipt report shall be given to the carrier or driver, and one copy shall be attached to the TIR Carnet and handed over to the driver. One copy of the delivery/receipt report shall be attached to the previously removed Volet-2 voucher of the TIR Carnet and retained in order to be proceeded in accordance with Article 30 of this Instruction. e)The first Customs office -set out in the TIR Carnet by the Customs office of entry- where the goods are to be partially unloaded may be an inland Customs office, or a free zone Customs office.
Comments to Article 28 Possibility of using two TIR Carnets for a single TIR transport Occasionally, the number of vouchers in the TIR Carnet are not sufficient to carry out a total TIR transport. In these cases the first part of a TIR transport has to be ended in accordance with Articles 27 and 28 of the Convention and a new Carnet has to be accepted by the same Customs office having certified the termination of the previous TIR operation and used for the remainder of the TIR transport. Proper inscription shall be made in both TIR Carnets to reflect this fact. {TRANS/WP.30/AC.2/23, paragraph 21; TRANS/WP.30/192, paragraph 26; TRANS/WP.30/AC.2/59, paragraph 46 and Annex 5}
Formalities to be performed when the number of vouchers in the TIR Carnet is not sufficient to carry out a total TIR transport. (In accordonace with the Customs Instruction Published on 23.01.2002) - In case the number of vouchers in the TIR Carnet is not sufficient to carry out a total TIR transport; the operation on the first TIR Carnet shall be terminated, and a new Carnet duly issued shall be accepted by the same Customs office and used for the remainder of the TIR transport. Proper inscription shall be made in both TIR Carnets to reflect the fact that the previous TIR Carnet has been terminated. The newly opened TIR Carnet shall be accepted provided that it contains all necessary information about the vehicle and goods. In the TIR/Transit Tracking Program; the last 8 digits of the summary declaration (IMXXXXXX) shall be written, enter button shall be pressed, and the volet-2 image of the terminated TIR Carnet shall be brought to the screen. The number of the old TIR Carnet on the screen shall be deleted, the number of the newly-opened TIR Carnet shall be entered along with the data on the goods and other information shown in its Volet-1 entry voucher, and the vehicle shall be sent.
Article 28 1. Termination of a TIR operation shall be certified by the Customs authorities without delay. Termination of a TIR operation may be certified without or with reservation: where termination is certified with reservation this shall be on account of facts connected with the TIR operation itself. These facts shall be clearly indicated in the TIR Carnet. {ECE/TRANS/17/Amend.21; entered into force on 12 May 2002} 2. In cases where the goods are placed under another Customs procedure or another system of Customs control, all irregularities that may be committed under that other Customs procedure or system of Customs control shall not be attributed to the TIR Carnet holder as such or any person acting on his behalf. {ECE/TRANS/17/Amend.21; entered into force on 12 May 2002} Explanatory Note to Article 28 0.28 The use of the TIR Carnet must be restricted to the function which it was intended to cover, namely the transit operation. The TIR Carnet must not, for example, be used to cover the storage of goods under Customs control at destination. {ECE/TRANS/17/Amend.21; entered into force on 12 May 2002}
Where the goods prove more or less than the amount indicated in the TIR Carnet, the following procedure shall be applied: (In accordonace with the Customs Instruction Published on 23.01.2002) 1- Proceedings shall be initiated for packages that prove more or less than the amount indicated in the TIR Carnet, and for bulky goods that prove >3% more or less than the amount indicated in the TIR Carnet. The deficiency or surplus shall be indicated in the relevant parts of the exit (Volet-2) voucher and counterfoil of the TIR Carnet, “TERMINATED CONDITIONALLY” shall be written and it shall be stamped. In addition, the entry into the “TIR Volet-2” screen in the TIR/Transit Tracking Program shall be made as “Terminated conditionally”.
2- On the date when the report is prepared after the detection of the amount more or less than indicated in the TIR Carnet, a notification shall also be made and a period of 3 months shall be given to the holder of the TIR Carnet to prove by documents the reasons for the deficiency or surplus. Documents proving that the goods have not been loaded at the origin or have accidentally been unloaded somewhere else or have been lost as a result of an accident or general average or have been stolen shall be obtained by the holder of the TIR Carnet from the authorities at the port of loading or export agencies or, if the carrier is a governmental organization, from the relevant governmental organization, and they shall be submitted after having been approved by the Highest Administrative Authority at the port of loading, or the Customs Administration, or Chambers of Industry and Commerce, the Port Administration, Consulate or Embassy.
3- As for the deficiency of goods, in case no documents have been submitted at the end of the given period, or the submitted documents are not considered valid; the Customs taxes and duties payable for the deficient amount of goods shall be levied and collected from the holder of the TIR Carnet by the Customs administration. If the Customs taxes and duties may not be collected in that way, taking into consideration the period mentioned in Article 11 (1) of the TIR Convention, the original Volet-2 of the TIR Carnet, the accompanying documents and other necessary documents shall immediately be sent to the Headquarter (Directorate General of Customs Control) in order for the necessary proceedings to be initiated through guaranteeing association and the other organizations concerned. 4- As for the surplus of goods, in case no documents have been submitted at the end of the given period, or the submitted documents are not considered valid; the surplus amount of goods shall be seized and forfeited, and a fine amounting to the CIF value therein shall be imposed.
For the forfeiture of the undeclared surplus goods; the forfeiture decision shall be made by a committee headed by the highest Customs official, consisting of a deputy director (if any), an inspector and a Customs official. The discharge provisions shall apply to the forfeited goods. 5- As for the deficiency or surplus of goods, in case valid documents have been submitted within the given period, it shall be noted on the exit (Volet-2) voucher of the TIR Carnet that the “conditional termination has been cancelled”, and the “Terminated conditionally” remark on the “TIR Volet-2” screen in TIR/Transit Tracking Program shall be changed to “Terminated”. 6- No proceedings shall be initiated for bulky goods that prove ≤3% more or less than the amount indicated in the TIR Carnet. 7- No proceedings shall be initiated for goods whose package numbers prove the same as indicated in the TIR Carnet although there are differences in other measures such as weight, piece etc.