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Regional TIR Seminar

This seminar discusses the importance of controlled access to the TIR procedure, including admission procedures, minimum conditions and requirements, continuous monitoring of the holder's status, and revocation of authorization. It also explores the contractual relations between associations and customs. The seminar will be held in Tunis on 3rd and 4th June 2009.

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Regional TIR Seminar

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  1. Regional TIR Seminar Tunis, 3rd and 4th June 2009 Raphaël Hirt Head – TIR Carnet Management and SafeTIR

  2. Access to the TIR procedure Cooperation between Customs and national associations when granting operators access to the TIR procedure: • Controlled access • Continuous Monitoring of Holder’s Status • Revocation • Contractual relations • Who does what Page 2

  3. Controlled Access Associations and competent authorities must apply Admission Procedures (by enforcing the TIR Convention) Careful selection of transport operators (TIR Convention - Annex 9, Part II, Article 1 ) This is the first opportunity to prevent fraud efficiently and provide for smooth functioning of the TIR System! Page 3

  4. Controlled Access TIR Convention, Annex 9, Part II, Article 1 Minimum Conditions and Requirements • Proven experience or, at least, capability to engage 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 Page 4

  5. 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 Page 5

  6. 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 Page 6

  7. 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 Page 7

  8. 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 Page 8

  9. Continuous Monitoring of Holder’s Status 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 ! ! Page 9

  10. Revocation of the authorization Art.6.4: “The authorization shall be revoked if the fulfilment of these criteria is no longer ensured.” Art. 38: “Each of the Contracting Parties shall have the right to exclude from the operation of this Convention any person guilty of a serious offence against the Customs laws”

  11. Contractual relations ASSOCIATION GUARANTEE AGREEMENT DEED OF ENGAGEMENT CUSTOMS IRU DECLARATION OF ENGAGEMENT TIR CARNETHOLDER Page 11

  12. Article 1.q TIR Convention: Contractual relations:Guaranteeing Association& Customs DEED of GUARANTEE (Surety) Customs • A Guaranteeing Association is approved by the Customs authorities of a Contracting Party to act as surety for persons using the TIR procedure. Guaranteeing Association Page 12

  13. TIR System is a facilitation tool answering the needs of both Public and Private sectors: Customs, trade, transport. Page 13

  14. Who does what: Proven Experience Page 14

  15. Who does what: Financial Standing Page 15

  16. Who does what: Knowledge Page 16

  17. Who does what:Absence of repeated offences against Customs or Tax legislation Page 17

  18. 5th Euro-Asia Conference: Almaty 11-12 June 2009!

  19. www.iru.org

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