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ECO meeting on operationalising the TIR Convention in Afghanistan . Herat, 24 February 2012. Role and responsibilities of ACCI as a TIR issuing and guaranteeing Association and selection of authorised road transport operators. Herat, 24 February 2012. Jean Acri Head Customs Affairs /
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ECO meeting on operationalising the TIR Convention in Afghanistan Herat, 24 February 2012 (c) International Road Transport Union (IRU) 2012
Role and responsibilities of ACCI as a TIR issuing and guaranteeing Association and selection of authorised road transport operators Herat, 24 February 2012 Jean AcriHead Customs Affairs / Muratbek AzymbakievHead TIR Relations (c) International Road Transport Union (IRU) 2012
Roles and Responsibilities of the National Association Issuance, control and return of TIR Carnets Deed of Engagement Act as guarantor for persons using the TIR procedure Art. 1(q) Select reliable TIR Carnet Holders & ensure their continued compliance with the Declaration of Engagement Article 6.4 & Annex 9 II & Deed of Engagement 3 2 1 Cooperate with Customs to resolve TIR irregularities Deed of Engagement & Deed of Guarantee Apply Risk Management: SafeTIR, quotas, monitoring etc Annex 10 & Deed of Engagement Train TIR Carnet Holders Deed of Engagement 6 4 5 This list is not exhaustive – summary of some key aspects! (c) International Road Transport Union (IRU) 2012
Legal documents to be signed Customs Association : Deed of Guarantee IRU Association : Deed of Engagement of the IRU towards Associations issuing and guaranteeing ordinary TIR Carnets Association IRU : Deed of Engagement of the Association towards IRU Holder Association : Declaration of Engagement (c) International Road Transport Union (IRU) 2012
Contractual relations ASSOCIATION GUARANTEE AGREEMENT DEED OF ENGAGEMENT CUSTOMS IRU DECLARATION OF ENGAGEMENT TIR CARNETHOLDER Page 5 (c) International Road Transport Union (IRU) 2012
Roles & Responsibilities National Associations Act as surety for persons using the TIR procedure (Article 1 (q) – TIR Convention) Select reliable TIR Carnet Holders & ensure their continued compliance with the TIR Convention- Annex 9 part 2 & IRU Rules and Regulations (Controlled Access, Article 6.4 & Annex 9 part 2) (c) International Road Transport Union (IRU) 2012
Roles & Responsibilities National Associations Issue, control and return of TIR Carnets Apply Risk Management: SafeTIR, quota, etc. Train TIR Carnet Holders Co-operate with Customs to resolve TIR irregularities (c) International Road Transport Union (IRU) 2012
Association: autorisation of TIR Holders Minimum conditions and requirements for transport operators Proven experience in regular international transport Sound financial standing Proven knowledge in the application of the TIR Convention Absence of serious or repeated offences against Customs or tax legislation An undertaking in a written declaration of commitment (to the association) (c) International Road Transport Union (IRU) 2012
TIR Convention, Annex 9, Part II, Article 1, a) Controlled Access • Check official company registration • Verify the International Licence of the company • Conduct active research for reputation • Control the numbers and TIR certification of vehicles • Check Certificate of Professional Competence of directors and main shareholders (CPC) • Check proof of past business operations, CMR, orders and other documents Proven Experience (c) International Road Transport Union (IRU) 2012
Who does what: Proven Experience (c) International Road Transport Union (IRU) 2012
TIR Convention, Annex 9, Part II, Article 1, b) Controlled Access Sound Financial Standing • Demand proof of financial viability: Credit Rating (e.g. Moody’s), Bank reference • Verify company’s financial status with National Authorities, Tax Office, Commercial Registers • Check Annual Company Accounts, Reports • Bank Guarantees & cash deposits by Holders to participate in the TIR system (c) International Road Transport Union (IRU) 2012
Who does what: Financial Standing (c) International Road Transport Union (IRU) 2012
TIR Convention, Annex 9, Part II, Article 1, c) Controlled Access Proven knowledge in the application of the TIR Convention • Check the knowledge of the future Holder of TIR Carnet • Provide training for management and staff (c) International Road Transport Union (IRU) 2012
Who does what: Knowledge (c) International Road Transport Union (IRU) 2012
TIR Convention, Annex 9, Part II, Article 1, d) Controlled Access Absence of serious or repeated offences against Customs or tax legislation • Verify the absence of previous offences by all involved in the company • Positive evidence of “clean sheet” • Check the reputation • Keep informed of changes in directors, the main shareholders, the staff • Be aware, and keep verifying (c) International Road Transport Union (IRU) 2012
Who does what: Absence of repeated offences against Customs or Tax legislation (c) International Road Transport Union (IRU) 2012
Controlled Access TIR Convention, Annex 9, Part II, Article 6 “The authorisation for access to the TIR procedure does not constitute in itself a right to obtain TIR Carnets from the Associations” Associations have the absolute right to refuse authorisation,to suspend or to exclude a transport company at any time… Continuous Monitoring ofstatus of Holders of TIR Carnets ! ! (c) International Road Transport Union (IRU) 2012
Association’s TIR Carnet Management Association’s role : physical handling of TIR Carnets • Ordering, storing, reporting • Issuance of TIR Carnets • Quota for TIR Holders, issuance and tracking • Return and control of TIR Carnets • Return to association, return to IRU (c) International Road Transport Union (IRU) 2012
Physicalhandling of TIR Carnets (c) International Road Transport Union (IRU) 2012
Issuance of TIR Carnets:Quotas (c) International Road Transport Union (IRU) 2012
Issue of TIR Carnets(Association’s Manual: Section 6) • The Association must keep detailed records: • of each company admitted to the TIR system • of issued TIR Carnets • Secure procedures must be in place TIR Carnets must be given only to authorised persons (c) International Road Transport Union (IRU) 2012
Issue of TIR Carnets • Validity : 60 days as from the day after its issuance • The Association must register electronically the details on issued TIR Carnets • Daily electronic transmission to the IRU of details on issued (and returned) TIR Carnets. Harmonised Software is deployed by IRU for this purpose (AskTIR / ATIRS98) (c) International Road Transport Union (IRU) 2012
Cover page Top half filled in by the TIR Association Field 1:Expiry date : Field 2: Name of Issuing Association Field 3:Name, address & Holder ID number (usually stamped) Field 4: Official stamp and signature of the Association 18.12.2010 ACCI TRANSPORT Cny, 16 Green Street - Kabul - STAMP (c) International Road Transport Union (IRU) 2012
Return of TIR Carnetsto Association • Advise IRU daily & electronically of the details of returned TIR Carnets • Perform both physical checks & data reconciliation checks on every TIR Carnet • If TIR Carnet is declared lost or stolen, Association must inform IRU immediately. (c) International Road Transport Union (IRU) 2012
Physical Checks on Returned TIR Carnets(Association’s Manual: Section 13) (c) International Road Transport Union (IRU) 2012
Return of TIR Carnetsto IRU (c) International Road Transport Union (IRU) 2012
Association’s TIR Carnet Management Conclusion Association’s role is crucial for risk management vis-à-vis Customs, IRU and other associations. ASKTIR software for managment of TIR activities of the Association will help carrying out those tasks. (c) International Road Transport Union (IRU) 2012
TIR Training Resources (c) International Road Transport Union (IRU) 2012
TIR Training Resources Brochures & Presentations Movies Interactive Training and more… (c) International Road Transport Union (IRU) 2012
TIR Training Resources for TIR Associations http://www.iru.org/en_iru_tir_training (c) International Road Transport Union (IRU) 2012
TIR Training for Associations (c) International Road Transport Union (IRU) 2012
TIR Training for Associations (c) International Road Transport Union (IRU) 2012
TIR Training Resources for Customs Authorities http://www.iru.org/en_iru_tir_training (c) International Road Transport Union (IRU) 2012
TIR Training for Customs Authorities (c) International Road Transport Union (IRU) 2012
TIR Training Resources for Customs Authorities All customs officers can grant access to this learning programme through the WCO training websites: http://www.wcoomd.org/learning_customshome_customselearninghome.htm http://clikc.wcoomd.org/ (c) International Road Transport Union (IRU) 2012
TIR Training Resources for TIR Holders http://www.iru.org/en_iru_tir_training (c) International Road Transport Union (IRU) 2012
TIR Training for TIR Holders (c) International Road Transport Union (IRU) 2012
IRU TIR Training Resources - available to all TIR Associations via the website or directly through: tirtraining.iru.org (c) International Road Transport Union (IRU) 2012
The WCO-IRU TIR Distance Learning course is available in English, French and Russian Arabic and Spanish will be available soon! (c) International Road Transport Union (IRU) 2012
WCO-IRU TIR Distance Learning The 14 basic lessons cover the following topics: The TIR System Customs Transit and Key principles of the TIR System The TIR Convention and the Contracting Parties TIR Guarantees and Contractual Relationship The TIR Carnet How to fill in a TIR Carnet Incidents and Accidents – The Certified Report Risk Management in the TIR System Entering and viewing SafeTIR Data and Best Practices TIR Claims Roles and Responsibilities of the actors involved TIR System Administrative Structure Limitations on TIR The TIR System and the EU Customs Union (c) International Road Transport Union (IRU) 2012
New – a TIR Distance Learning Course for Associations is available in English (c) International Road Transport Union (IRU) 2012
TIR Training for Associations The new 11 lessons cover the following topics: Authorisation of TIR Carnet Holders Fleet Management Guarantees required from TIR Carnet Holders Subcontractors Suspension of issuance of TIR Carnets; Exclusion and Revocation of Authorisation of Holder to the TIR System TIR Carnet Management: Ordering, Storage, Issue, Control And Return TIR Carnet Management: Irregularities and Incentives for the Implementation of Risk Management Measures The TIR Basic File SafeTIR and the Reconciliation Procedure Claims Procedures for Associations The Insurance System (c) International Road Transport Union (IRU) 2012
www.iru.org (c) International Road Transport Union (IRU) 2012