1. Legal Arrangements for the Smooth Movement of Goods Internationally
4th Expert Group Meeting on Developing Euro-Asian Transport Linkages November 2006, Thessaloniki, Greece
Legal Arrangements for the Smooth Movement of Goods Internationally
Geetha Karandawala
Chief, Transport Facilitation Section
Transport and Tourism Division
UNESCAP Secretariat

2. Smooth Movement of Goods & People
International transport
Ensure free movement of goods & people
Accessible & open environment
Exists only within the limits that each country is prepared to accept
Norms, standards, rules, independent to each other
As trade & transport developed – so did the rules
Transport is one of the most regulated sectors
National rules, bilateral treaty, multilateral treaty

3. To ensure right of transit
In the early 1950’s the UN took the lead to help Governments create an enabling environment
Large number of legal instruments elaborated
Transit rights
Statute of freedom of transit, Barcelona (1921)
Convention on Transit & Trade of landlocked states (1965)
Convention on Law of the Sea (1982)
The two major components of the IIITS are the infrastructure and the operational issues with its two sub-components: facilitation and logistics services. AH, TAR-defined. Transport facilitation-Resolution 48/11, methodology, mechanisms etc. Logistics-endorsed as a priority by Busan Conf of MT. Another priority:road safety…

4. To regulate & harmonize standards & processes
Regulations are vital to safety, security & environmental protection
UN Agencies & international organization: ECE, IMO, ICAO, WCO
ECE initiated over 50 international conventions & agreements
1992 ESCAP & ECE helped countries in Asia & the Pacific to select 7 of the most important ECE Conventions
A set of convenctions that provide a basic level of harmonization to facilitate trade
Envisaged as an initial step to be further developed
Objective -> International Integrated Intermodal Transport System
The two major components of the IIITS are the infrastructure and the operational issues with its two sub-components: facilitation and logistics services. AH, TAR-defined. Transport facilitation-Resolution 48/11, methodology, mechanisms etc. Logistics-endorsed as a priority by Busan Conf of MT. Another priority:road safety…

5. RESOLUTION 48/11: THE CONVENTIONS
Convention on Road Traffic, 1968
Convention on Road Signs and Signals, 1968
Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention), 1975
Convention on Temporary Importation of Commercial Road Vehicles, 1956
Customs Convention on Containers, 1972
International Convention on the Harmonization of Frontier Control of Goods, 1982
CMR Convention 1956
Just a brief reminder of the UN legal instruments contained in Resolution 48/11 and which continue to be important for transport facilitation:…..

6. Promoting the conventions
1998: Launching of UN special programme for Economics of Central Asia (SPECA)
1999 SPECA countries proposed expansion of resolution 48/11 to include other conventions
European Agreement supplementing the convention on road traffic (1971)
European Agreement supplementing the convention on road signs & signals (1971)
Customs convention on the temporary importation of private road vehicles (1954)
Agreement on the international carriage of perishable food stuffs & on the special equipment to the used for such carriage (ATP) 1970
The two major components of the IIITS are the infrastructure and the operational issues with its two sub-components: facilitation and logistics services. AH, TAR-defined. Transport facilitation-Resolution 48/11, methodology, mechanisms etc. Logistics-endorsed as a priority by Busan Conf of MT. Another priority:road safety…

7. Resolution 48/11 Intervening years
Profound influence on globalization
Major structural changes in some countries
Centrally planned to market oriented economies
Policies & tools developed by other international organizations
Regional integration & physical inter-connectivity
Resolution 48/11 is an important tool and valid
Progress seen & more effort & some adjustment needed

8. Future Direction-Ministerial Conference on Transport 2006
Harmonization through accession & implementation of international legal instruments
Towards a refined & expanded resolution 48/11
Include the most relevant instruments from UNECE/WCO/IMO
Convention on Temporary Admission (Istanbul Convention) 1996
Convention on the simplification & harmonization of customs procedures, as amended (Revised Kyoto Convention) 1999
Convention on facilitation of International Maritime Traffic (FAL Convention) 1965 as amended
Protocol to the convention on the Contract for International Carriage of Goods (CMR) 1978

9. THE CONVENTION ON TEMPORARY ADMISSION (ISTANBUL CONVENTION), 1990
Benefits:
High degree of simplification and harmonization of Customs procedures
Facilitation of temporary admission in pursuit of economic, humanitarian, cultural, social or touring objectives
Standardized model temporary admission papers.
Uniform provisions in respect of temporary admission, resulting in a high degree of simplification and harmonization of Customs procedures. Facilitation of temporary admission in pursuit of economic, humanitarian, cultural, social or touring objectives. Standardized model temporary admission papers as international Customs documents with international guarantee, facilitating the temporary admission procedure where a Customs document and a guarantee are required.

10. Benefits: Facilitation of international trade and transport
THE INTERNATIONAL CONVENTION ON THE SIMPLIFICATION AND HARMONIZATION OF CUSTOMS PROCEDURES, AS AMENDED (REVISED KYOTO CONVENTION), 1973
Benefits:
Facilitation of international trade and transport
Goods move faster across national borders reducing the need to maintain security or buffer stocks
Reduced work load of Customs officials
Beneficial consultative relations with the business community, in particular for traders and transport operators.
The benefits of the implementation of this convention are almost “touchable”: Facilitation of international trade and transport, The maximum use of information technology and standardized and simplified procedures enable goods to move faster across national borders reducing the need to maintain security or buffer stocks; The application of risk management techniques reduces the work load of Customs officials; The use of electronic fund transfers and the establishment of formal consultative relations with the business community will be of significant benefit to the business community and in particular to traders and transport operators.

11. THE CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC (FAL CONVENTION), 1965
Benefits:
Harmonized standards and practices
Reduced bureaucracy and increased automatic data processing techniques used in shipping documentation
Streamlined procedures of clearance of cargo and persons
Increased safety and security for vessel, cargo, crew and passengers
Proven to be one of the most efficient instruments for facilitation of international maritime traffic.

12. Status of UNESCAP member states’ accession to international conventions listed in Commission Resolution 48/11, as of November 2006
Country or area
Convention on Road Traffic[1]
(1968)
Convention on Road Signs and Signals
Customs Convention on the International Transport of Goods under Cover of TIR Carnets
(1975)
Customs Convention on the Temporary Importation of Commercial Road Vehicles
(1956)
Customs Convention on Containers
(1972)
International Convention on the Harmonization of Frontier Controls of Goods
(1982)
Convention on the Contract for the International Carriage of Goods by Road (CMR)
Afghanistan x
Armenia
Azerbaijan
China
Georgia
Iran (Islamic Republic of )
Kazakhstan
Kyrgyzstan
Pakistan
Russian Federation
Tajikistan
Turkey
x (1949)
Turkmenistan
Uzbekistan
Source: official UNECE publications Legend: x – Contracting Party; S- signature; (..)- data are not applicable.
1 A very interesting situation can be noticed in the case of the 1949 Convention that preceded the Convention on Road Traffic, 1968 and the Convention on Road Signs and Signals, 1968: 15 ESCAP member countries are Contracting Parties to the 1949 Convention, but did not ratify the 1968 Conventions. The 1949 Convention is still valid in relations between the Contracting Parties to it.

13. International Agreements and Conventions
Accession status to international agreements and conventions, indicated in the Protocol of the second session of the PWG-Transport and Border Crossing No
International Agreements and Conventions
Afghanistan
Azerbaijan
Kazakhstan
Kyrgyzstan
Tajikistan
Turkmenistan
Uzbekistan 1
Convention on Road Traffic (08/11/1968)* x 2
Convention on Road Signs and Signals (08/11/1968)* 3
Convention on the Contract for the International Carriage of Goods by Road (CMR) (19/05/1956)* 4
Customs Convention on the Temporary Importation of Commercial Road Vehicles 18/05/1956)* 5
Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (14/11/1975)* 6
International Convention on the Harmonization of Frontier Controls of Goods (21/10/1982)* 7
Customs Convention on Containers (02/12/1972)* 8
European Agreement supplementing the Convention on Road Traffic (01 /05/ 1971) 9
European Agreement supplementing the Convention on Road Signs and Signals (01/05/1971) 10
European Agreement concerning the Work of Crews of Vehicles engaged in International Road Traffic (AETR) (01 /07/ 1970) 11
Customs Convention on the Temporary Importation of Private Road Vehicles (04/06/1954) 12
European Agreement concerning the International Carriage of Dangerous Goods by Road ADR 30/09/1957) 13
Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) (01/09/1970) 14
European Agreement on Main International Traffic Arteries (AGR) (15/11/1975) 15
European Agreement on Main International Railway Lines (AGC) (31/05/1985) C 16
European Agreement on Important International Combined Transport Lines and Related Installations (AGTC) (01/02/ 1991)
Legend: * ‑ Conventions recommended by UNESCAP Resolution 48/11; x– Contracting Party; C- accession procedures ongoing.

14. Status of accession of ESCAP member states to the most relevant UN/IMO facilitation conventions
Country
Convention and Statute on Freedom of Transit, Barcelona, 1921
Convention on Transit Trade of Landlocked States,
New York, 1965
Convention on Facilitation of International Maritime Traffic (FAL Convention), 1965
Convention on the Law of the Sea, Montego Bay, 1982
Afghanistan S
Armenia x
Azerbaijan
China, P.R. of
Georgia
Iran (Islamic Republic of)
Kazakhstan
Kyrgyzstan
Pakistan
Palau
Russian Federation
Tajikistan
Turkey
Turkmenistan
Uzbekistan
Legend: x- Contracting Party: S- signature

15. Convention on temporary admission (Istanbul Convention)
Status of accessions to the most relevant WCO conventions2 and membership of the WTO
Country or area
Membership of the
WTO
Convention on temporary admission (Istanbul Convention)
International Convention on the simplification and harmonization of Customs procedures, as amended (Revised Kyoto Convention)
Afghanistan
observer
Armenia
Azerbaijan x
China
Georgia
Iran (Islamic Republic of)
Kazakhstan
Kyrgyzstan
Pakistan
Russian Federation
Tajikistan
Turkey
Turkmenistan -
Uzbekistan
Legend: x- Contracting Party
2 The WCO conventions include a number of Annexes which are not all ratified by the Contracting Parties to the convention itself. The list of the Annexes to each convention and the status of their ratification are subject of the ongoing study performed by the ESCAP secretariat.

16. Subregional Agreements Overview (1)
ECO Transit Transport Framework Agreement, 1998
Coverage: Afghanistan, Azerbaijan, Iran, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan, Uzbekistan
Scope: transit transport by road, rail, inland waterway, multimodal & in access port

17. Subregional Agreements Overview (1) Continued:
ECO Agreement
Objectives:
Facilitate movement of goods, luggage & passengers
Ensure safety of goods, luggage & passengers
Avoid incidence of customs fraud & tax evasion
Facilities for transit:
Designation of transport routes
Multimodal transport
Expedite clearance of traffic
Safety – offices – visa
Maritime ports & facilities

18. Subregional Agreements Overview (1) Continued:
ECO Agreement
General conditions for road transport
Traffic rights (transport services)
Means of transport registered in one country can provide transit services in territory of another
No internal transport in another country
General conditions for rail transport
Transit services
General conditions for inland transport
Rules of carriage by road transport
Transit transport coordination council (TTCC)

19. Subregional Agreements Overview (2):
TRACECA Agreement, 1998
Coverage: Armenia, Azerbaijan, Bulgaria, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Romania, Tajikistan, Turkey, Ukraine, Uzbekistan
Scope: bilateral & transit transport by road, rail, maritime, air, multimodal & pipelines

20. Subregional Agreements Overview (2) Continued:
TRACECA Agreement
Objectives:
Develop economic relations & trade
Access in international markets
Facilitate international transport of goods, passengers, hydrocarbons
Ensure traffic safety etc.
Harmonize transport policy/legal framework
Create equal conditions of competition between different types of transport

21. Subregional Agreements Overview (2) Continued:
TRACECA Agreement
Traffic rights (facilitation of international transport)
Parties grant each other the right of transit of international means of transport, goods & passengers
Inter-governmental commission to regulate issues regarding implementation
Wide power
Establish secretariat
Technical annexes (road, rail, maritime navigation, customs & documentation)
Road annex: access to market through special permits

22. Further progress
Bilateral Subregional Agreements and international conventions all have role to play:
strong political will, committment and consistency at national, sub-regional and regional levels to reach the goal
Public-Private Partnership
Multilateral legal instruments can yield substantial benefits to public and private sectors
For this to happen, they must be fully and effectively implemented: implementation is a national competency
Need for countries to be able to assess implecations of accession
Need to understand how to implement

23. Implementation of legal instruments
National level
National trade & transport facilitation bodies
Subregional level
Clear agenda including periodical analysis of developments in subregion, region & international level
NTTF bodies along transport corridors
Regional level
Countries to deliberate & define policy & strategies
Secretariats to assist

24. Thank you for your attention