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© International Road Transport Union (IRU) 2009 Regional TIR Seminar Tunis, 3 rd and 4th June 2009 Raphaël Hirt Head – TIR Carnet Management and SafeTIR.

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Presentation on theme: "© International Road Transport Union (IRU) 2009 Regional TIR Seminar Tunis, 3 rd and 4th June 2009 Raphaël Hirt Head – TIR Carnet Management and SafeTIR."— Presentation transcript:

1 © International Road Transport Union (IRU) 2009 Regional TIR Seminar Tunis, 3 rd and 4th June 2009 Raphaël Hirt Head – TIR Carnet Management and SafeTIR Raphaël Hirt Head – TIR Carnet Management and SafeTIR

2 © International Road Transport Union (IRU) 2009 Cooperation between Customs and national associations when granting operators access to the TIR procedure: 1.Controlled access 2.Continuous Monitoring of Holders Status 3.Revocation 4.Contractual relations 5.Who does what Cooperation between Customs and national associations when granting operators access to the TIR procedure: 1.Controlled access 2.Continuous Monitoring of Holders Status 3.Revocation 4.Contractual relations 5.Who does what Page 2 Access to the TIR procedure

3 © International Road Transport Union (IRU) 2009 Controlled Access Associations and competent authorities must apply Admission Procedures (by enforcing the TIR Convention) This is the first opportunity to prevent fraud efficiently and provide for smooth functioning of the TIR System! Careful selection of transport operators (TIR Convention - Annex 9, Part II, Article 1 ) (TIR Convention - Annex 9, Part II, Article 1 ) Careful selection of transport operators (TIR Convention - Annex 9, Part II, Article 1 ) (TIR Convention - Annex 9, Part II, Article 1 ) Page 3

4 © International Road Transport Union (IRU) 2009 Controlled Access TIR Convention, Annex 9, Part II, Article 1 Minimum Conditions and Requirements a)Proven experience or, at least, capability to engage in regular international transport b)Sound financial standing c)Proven knowledge in the application of the TIR Convention d)Absence of serious or repeated offences against Customs or tax legislation TIR Convention, Annex 9, Part II, Article 1 Minimum Conditions and Requirements a)Proven experience or, at least, capability to engage in regular international transport b)Sound financial standing c)Proven knowledge in the application of the TIR Convention d)Absence of serious or repeated offences against Customs or tax legislation Page 4

5 © International Road Transport Union (IRU) 2009 TIR Convention, Annex 9, Part II, Article 1, a) Check official company registration Check official company registration Verify the International Licence of the company Verify the International Licence of the company Conduct active research for reputation Conduct active research for reputation Control the numbers and TIR certification of vehicles Control the numbers and TIR certification of vehicles Check Certificate of Professional Competence of directors and main shareholders (CPC) Check Certificate of Professional Competence of directors and main shareholders (CPC) Check proof of past business operations, CMR, orders and other documents Check proof of past business operations, CMR, orders and other documents Check official company registration Check official company registration Verify the International Licence of the company Verify the International Licence of the company Conduct active research for reputation Conduct active research for reputation Control the numbers and TIR certification of vehicles Control the numbers and TIR certification of vehicles Check Certificate of Professional Competence of directors and main shareholders (CPC) Check Certificate of Professional Competence of directors and main shareholders (CPC) Check proof of past business operations, CMR, orders and other documents Check proof of past business operations, CMR, orders and other documents Proven Experience Controlled Access Page 5

6 © International Road Transport Union (IRU) 2009 TIR Convention, Annex 9, Part II, Article 1, b) Sound Financial Standing Controlled Access Demand proof of financial viability: Credit Rating (e.g. Moodys), Bank reference Demand proof of financial viability: Credit Rating (e.g. Moodys), Bank reference Verify companys financial status with National Authorities, Tax Office, Commercial Registers Verify companys financial status with National Authorities, Tax Office, Commercial Registers Check Annual Company Accounts, Reports Check Annual Company Accounts, Reports Bank Guarantees & cash deposits by Holders to participate in the TIR system Bank Guarantees & cash deposits by Holders to participate in the TIR system Demand proof of financial viability: Credit Rating (e.g. Moodys), Bank reference Demand proof of financial viability: Credit Rating (e.g. Moodys), Bank reference Verify companys financial status with National Authorities, Tax Office, Commercial Registers Verify companys financial status with National Authorities, Tax Office, Commercial Registers Check Annual Company Accounts, Reports Check Annual Company Accounts, Reports Bank Guarantees & cash deposits by Holders to participate in the TIR system Bank Guarantees & cash deposits by Holders to participate in the TIR system Page 6

7 © International Road Transport Union (IRU) 2009 TIR Convention, Annex 9, Part II, Article 1, c) Proven knowledge in the application of the TIR Convention Controlled Access Check the knowledge of the future Holder of TIR Carnet Check the knowledge of the future Holder of TIR Carnet Provide training for management and staff Provide training for management and staff Check the knowledge of the future Holder of TIR Carnet Check the knowledge of the future Holder of TIR Carnet Provide training for management and staff Provide training for management and staff Page 7

8 © International Road Transport Union (IRU) 2009 TIR Convention, Annex 9, Part II, Article 1, d) Absence of serious or repeated offences against Customs or tax legislation Controlled Access Verify the absence of previous offences by all involved in the company Verify the absence of previous offences by all involved in the company Positive evidence of clean sheet Positive evidence of clean sheet Check the reputation Check the reputation Keep informed of changes in directors, the main shareholders, the staff Keep informed of changes in directors, the main shareholders, the staff Be aware, and keep verifying Be aware, and keep verifying Verify the absence of previous offences by all involved in the company Verify the absence of previous offences by all involved in the company Positive evidence of clean sheet Positive evidence of clean sheet Check the reputation Check the reputation Keep informed of changes in directors, the main shareholders, the staff Keep informed of changes in directors, the main shareholders, the staff Be aware, and keep verifying Be aware, and keep verifying Page 8

9 © International Road Transport Union (IRU) 2009 Page 9 Continuous Monitoring of Holders Status ! Continuous Monitoring of status of Holders of TIR Carnets 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… !

10 © International Road Transport Union (IRU) 2009 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 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 © International Road Transport Union (IRU) 2009 Page 11 Contractual relations ASSOCIATION DECLARATION OF ENGAGEMENT GUARANTEE AGREEMENT DEED OF ENGAGEMENT IRUCUSTOMS TIR CARNET HOLDER

12 © International Road Transport Union (IRU) 2009 Page 12 Article 1.q TIR Convention: Contractual relations: Guaranteeing Association & Customs DEED of GUARANTEE (Surety) GuaranteeingAssociation A Guaranteeing Association is approved by the Customs authorities of a Contracting Party to act as surety for persons using the TIR procedure. A Guaranteeing Association is approved by the Customs authorities of a Contracting Party to act as surety for persons using the TIR procedure. Customs

13 © International Road Transport Union (IRU) 2009 Page 13 TIR System is a facilitation tool answering the needs of both Public and Private sectors: Customs, trade, transport.

14 © International Road Transport Union (IRU) 2009 Who does what: Proven Experience Actions & documents required Association Competent Authorities Registration Collect documents Validate International Licence CollectValidate Research Reputation Collect and monitor Provide information VehiclesCollectValidate CPCCollectValidate CMR Collect and analyse … Page 14

15 © International Road Transport Union (IRU) 2009 Actions & documents required Association Competent Authorities Viability Collect and check Validate as required Credit rating Request Validate as required Accounts Audit Report Collect, analyse Validate as required Who does what: Financial Standing Page 15

16 © International Road Transport Union (IRU) 2009 Actions & documents required Association Competent Authorities Holder of TIR Carnet verify CPC and Interview - TIR Responsible Training ProvideCo-operate Register information about TIR responsible person Monitor and check Inform and confirm Who does what: Knowledge Page 16

17 © International Road Transport Union (IRU) 2009 Actions & documents required Association Competent Authorities Check absence RequestConfirm ReputationInterviewConfirm Monitor with public information Who does what: Absence of repeated offences against Customs or Tax legislation Page 17

18 © International Road Transport Union (IRU) 2009 5 th Euro-Asia Conference: Almaty 11-12 June 2009 !

19 © International Road Transport Union (IRU) 2009 www.iru.org


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