1. Symposium of Lawyers Geneva, 26 February 2010
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2. The TIR Convention as the best existing multilateral instrument for implementing the WCO SAFE Framework, as well as AEO status
Geneva, 26 February 2010
Jean Acri,
Special TIR Advisor, Legal Affairs and Customs Policy
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3. WCO SAFE Framework of Standards
Requirement
fulfilled by  
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4. U.S. Chamber of Commerce May 2, 2008
“… the Convention on International Transport
of Goods Under Cover of TIR Carnets (TIR Convention) is the best one for facilitating the implementation of the WCO SAFE Framework.”
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5. WCO SAFE/AEO, AEO/CMR/TIR
Legal consequences for road transport contracts: AEO status
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6. AEO: Customs status
AEO: Customs status that has no direct legal consequences regarding contractual liability
Customs
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7. AEO: Customs status
Consequences: the AEO not complying with the conditions runs the risk of having status withdrawn
Customs
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8. Contract of carriage Consignee Sender
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9. Disputes
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10. Contract: written or verbal?
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11. Contract: written or verbal?
What consequences if there is no written contract?
Aggravating factors for:
the sender
the consignee
the carrier
AEO?
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12. Verifying the information?
Possible conflicts between AEO/CMR/TIR
CMR
AEO
TIR
Art. 11-2
AEO: information exchange, access and confidentiality
Sender: must provide accurate information and is responsible for the information transmitted.
Carrier: not required to verify adequacy and sufficiency nor accuracy of the information.
Procedures to ensure that the information in the carrier’s loading manifest precisely reflects the information provided by the sender or the sender’s agent, and that it is transmitted to Customs in a timely manner.
Declarant = liable
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13. Verifying the information?
AEO carrier but not AEO sender
Liability of carrier due to AEO status: is this greater or not?
AEO sender but not AEO carrier
Liability greater if customs information is not accurate?
TIR contractor: AEO or not
Contractual liability greater?
Customs liability greater?
(c) International Road Transport Union (IRU) 2010

14. Liability for goods CMR : Article 8: liable carrier Verify the goods
Reserve
Sender: Right to have verified
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15. Liability for goods
SAFE/AEO/OEA: security/safety of freight, sealing, shipment integrity…
AEO carrier: should they refuse to accept goods they may not be able to check?
Liability of AEO carrier who has not made a reserve: is it aggravated?
If AEO sender: is the carrier exempted from verifying?
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16. Liability for goods
AEO status stipulates drawing up a security/safety manual to maintain the shipment’s integrity whilst under the AEO’s supervision
In the event of accident, breakdown, theft, etc:
What are the consequences?
If the main AEO carrier has used a sub-contracted carrier?
If there is no written contract, no specifically trained staff, is liability aggravated or not?
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17. Accreditation Accreditation of vehicles:
TIR: accredited vehicles (sealed)
SAFE: Procedures for verifying material integrity of means of transport
CMR: Principle whereby the carrier shall provide a vehicle in adequate condition to undertake the carriage requested
AEO carrier’s liability: Increased obligation regarding condition of the vehicle, safety/security conditions?
TIR vehicle: presumes that carriage fulfills safety/security obligations?
(c) International Road Transport Union (IRU) 2010

18. SAFE/AEO/OEA: Education, training and information - Staff
AEO and its staff:
Trains its staff
Special training for freight integrity
Employee history, antecedents
In the event of a dispute, can compliance or non-compliance result in greater or in lower liability?
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19. SAFE/AEO/OEA: Education, training and information – Business partners
AEO and business partners:
Encourage them to assess and increase security/safety
Mention these provisions in clauses of contract
Must provide proof of efforts made to ensure business partners comply with these obligations
Verify business information concerning partners
AEO carriers: no more (?) one-time or one-off sub-contractors?
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20. How to be protected Contract systematically in writing
Difficult and generally-speaking not possible to achieve
General sales/purchase conditions which include safety/security provisions but that can only be opposed/enforced if they have been duly agreed to
For long-term contractual relations, recommended that safety/security provisions be in writing
For one-off carriage = AEO?
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21.
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