Economic Commission for Europe INLAND TRANSPORT COMMITTEE Working Party on Customs Questions affecting Transport (Seventh session, Athens 22 and 23 April 2002) UNITED NATIONS TIR Contact Group APPLICATION OF THE EXAMPLE AUTHORIZATION AND AGREEMENT Agenda Item 6 Application of the example authorization and agreement

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 2 History Phase I of the TIR revision process New Annex 9: Access to the TIR procedure – Part I: Authorization for associations to issue TIR Carnets; – Part II: Authorization for natural and legal persons to utilize TIR Carnets

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 3 Authorization for associations to issue TIR Carnets Annex 9, Part I contains the minimum conditions and requirements; – The act of authorization as a unilateral act by competent authorities; – The written agreement (or any other legal instrument) between competent authorities and the national association.

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 4 Example authorization 1/2 – Authorization to issue TIR Carnets and to act as guarantor Proved existence for at least one year; Provided proof of sound financial standing and organizational capabilities; Proved knowledge of its staff in the proper application of the TIR Convention; Not committed serious or repeated offences against Customs or tax legislation; Establishment of a written agreement (or any other legal instrument) with the national association, containing at least the undertaking, mentioned in paragraph 1 (f); Additional conditions and requirements (if any).

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 5 Example authorization 2/2 – Entry into force Day written agreement/legal instrument becomes effective. – Revocation Without prejudice to responsibilities and liabilities of the association under the TIR Convention.

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 6 Example agreement 1/5 – Undertaking by the association to: Comply with the liability obligations of Article 8; Accept the maximum sum per TIR Carnet; Verify continuously whether authorized TIR Carnet holders fulfil minimum conditions and requirements; Provide guarantee for TIR Carnets issued by itself and by foreign associations; Cover its liabilities by means of an insurance or financial guarantee;

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 7 Example agreement 2/5 Allow verification of records and accounts; Accept a procedure for settling disputes on the improper or fraudulent use of TIR Carnets; Agree that serious or repeated non-compliance lead to revocation of the authorization; Comply with decisions of competent authorities in the application of Article 38 and Annex 9, Part II; Agree to implement decisions by TIR Administrative Committee and TIR Executive Board.

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 8 Example agreement 3/5 – Liability Payment of import and export duties and taxes, together with any default interest if an irregularity has been noted in connection with a TIR operation; Joint and several liability with the persons from whom the payment is due; Starts at the time when a TIR Carnet is accepted by the Customs office of departure or (in succeeding countries) when the goods are imported. – Maximum guarantee per TIR Carnet Sum equal to $US 50,000 (Explanatory Note 0.8.3).

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 9 Example agreement 4/5 – Entry into force After insurance or financial guarantee contract covering the totality of liabilities has been produced; A true and certified copy of the global insurance contract, concluded and signed between IRU, acting on its own behalf and on behalf of its member associations and the international insurer is (temporarily) admissible.

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 10 Example agreement 5/5 – Termination Unilaterally, at any time; Period of notice must be shorted than period of notice for the insurance or financial guarantee; Without prejudice to responsibilities and liabilities of the association under the TIR Convention.

UNITEDNATIONSECE Contact Group - 7 th Session - Agenda item 6 11 Implementation at the national level Annex 9, Part 1 contains minimum conditions and requirements to be established in each Contracting Party; The provisions of Annex 9, paragraph 1 (e) and f have to be included explicitly; Contracting Parties free to establish other and/or additional conditions and requirements.