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Regional TIR Seminar

Regional TIR Seminar. Tunis, 3 rd and 4th June 2009. Raphaël Hirt Head – TIR Carnet Management and SafeTIR. Access to the TIR procedure. Cooperation between Customs and national associations when granting operators access to the TIR procedure: Controlled access

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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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