Main principles of the TIR System, its main actors and responsibilities

Transcription

1 Main principles of the TIR System, its main actors and responsibilities Karachi, 17 November 2015 Islamabad, 19 November 2015 Tatiana Rey-Bellet, Project Manager

2 AGENDA TIR System in operation 6 pillars of TIR TIR main actors: actors and responsibilities TIR Guarantee Chain in operation 2

3 TIR IN OPERATION 3

4 Trade with the TIR System CUSTOMS DECLARATION CURRENCY EXCHANGE NATIONAL GUARANTEE INSPECTION OF GOODS AND VEHICLES SECURITY CHECKS Etc. 4

5 TIR procedure in country of departure Customs office of departure Customs office of exit OUTWARD TRANSIT 5

6 TIR procedure in country of transit Customs office of entry THROUGH TRANSIT Customs office of exit 6

7 TIR procedure in country of destination SafeTIR Confirmation Customs office of entry INWARD TRANSIT Customs office of destination 7

8 TIR in operation Goods loaded and checked by Customs office of departure Seal affixed Customs fill out the respective fields in TIR Carnet Customs remove Voucher 1 TIR transport starts TIR Carnet presented to Customs at each border crossed; seals checked Vouchers removed by Customs; counterfoils stamped C/o of destination: seals and load compartment checked Termination of TIR transport Seals removed and goods checked SafeTIR information sent to IRU database Information accessible via Customs Portal and Association Portal Goods are placed under further Customs regime 8

9 THE 6 PILLARS OF TIR 11

10 The 6 pillars of the TIR System 12

11 International Chain of Guarantee Customs v Holder Guaranty Agreement v G. Association Deed of Engagement Deed of Engagement Declaration of Engagement IRU I. Association Holder Global Insurance contract Insurer 13

12 Mutual Recognition of Customs Controls Customs of departure must ensure that the control of goods and vehicle are performed correctly If checks are OK, Customs will: - Fix seals to the vehicle - Fill in the TIR Carnet - Enter details in Customs Register. Their controls are accepted by ALL other Customs offices during the TIR transport Generally no examination of goods en route Spot checks only in case of suspicion: Customs authorities have their own risk assessment tools, and in every country risk profiles are established. Depending on the information (TIR-EPD) provided to Customs before the start of a TIR transport operation, Customs will decide or not to control the goods. 14

13 Controlled Access Customs authorise access to the TIR procedure for: National TIR Associations to issue and guarantee TIR Carnets Transport operators (Natural and legal persons) to use TIR Carnets Annex 9 Part I and II Information on all transport operators authorised as TIR Holders are stored by the UNECE in the International TIR Data Bank (ITDB) 15

14 TIR MAIN ACTORS ROLES & RESPONSIBILITIES 16

15 International level UNECE & TIR Convention Bodies TIR Main Actors IRU National level Customs Authorities TIR Carnet Holders 17

16 Roles and responsibilities UNECE, TIR Convention Bodies Consider any proposed amendment to the TIR Convention Examine national measures for compliance with the TIR Convention Supervise and provide support in the application of the TIR Convention 18

17 UNECE / TIR Administrative Committee of the TIR Convention (AC2) 2 sessions per year Members = all Contracting Parties Only official representatives : Customs, Ministry of Transport, Ministry of Foreign Affairs, Ministry of Infrastructure, permanent missions, etc. commissioned officer Assoc. can also participate, but have to be approved by Customs. Assoc. cannot vote only official delegates vote. TIR Executive Board (TIRExB) Elected (9 members for 2 years) by the Contracting Parties to the TIR Convention supervises application of the TIR Convention Members named by Contracting Party then must be elected by AC.2 Only official representatives : Customs, Ministry of Transport, Ministry of Foreign Affairs, Ministry of Infrastructure, permanent missions, etc. commissioned officer Working Party on Customs Matters Questions Affecting Transport (WP30) Open to all Member States of the United Nations plus interested international organisations 2-3 sessions per year Members: official representatives - Customs, Ministry of Transport, Ministry of Foreign Affairs, Ministry of Infrastructure, permanent missions, etc 1 person is the Head of the Delegation (Assoc. can also participate, but cannot be Head of delegation 19

18 Roles and responsibilities IRU The United Nations mandates IRU based on article 6.2 bis of the TIR Convention to: take on the responsibility for the effective organisation and functioning of an international guarantee system (Article 6.2 bis of the TIR Convention) Centrally print and distribute TIR Carnets 20

19 Roles and responsibilities Customs authorities Implement all provisions of the TIR Convention In particular: Controlled Access Authorise national Issuing & Guaranteeing Association Authorise admission of TIR Carnet Holders Annex 9 Act immediately against fraudsters in the case of irregularities or suspicion Suspension /Exclusion of TIR Carnet Holders Articles 6 & 38 Designate Customs offices open to TIR operations Fix itineraries for TIR consignments/ operations Article 20 21

20 Roles and responsibilities Customs authorities Supervise the approval of TIR vehicles Provide SafeTIR termination data Annexes 2, 3, 4, 6, 7 Annex 10 Apply risk management procedures Articles 6, 38, 20, 23 etc. Annexes 9, 10 This list is not exhaustive summary of some key aspects! 22

21 Roles and responsibilities National Association Act as guarantor for persons using the TIR procedure, both for national and foreign TIR Holders Art. 1(q) Select reliable TIR Carnet Holders & ensure their continued compliance with the Declaration of Engagement Article 6.4 & Annex 9 II & Deed of Engagement Issuance, control and return of TIR Carnets Deed of Engagement Apply Risk Management: SafeTIR, quotas, monitoring etc. Annex 10 & Deed of Engagement Train TIR Carnet Holders Deed of Engagement Cooperate with Customs to resolve TIR irregularities Deed of Engagement & Deed of Guarantee This list is not exhaustive summary of some key aspects! 23

22 Roles and responsibilities TIR Carnet Holder Perform all TIR transports in conformity with the TIR Convention & IRU rules Keep records of all TIR transport Annex 9 and Declaration of Engagement Declaration of Engagement Cooperate with Customs and Associations to resolve any TIR irregularities National law and regulations Declaration of Engagement This list is not exhaustive summary of some key aspects! 24

23 TIR GUARANTEE CHAIN IN OPERATION 25

24 Common & primary objectives All parties involved in the TIR System aim to: Ensure the correct termination of a TIR operation Establish, as fast as possible, if termination did NOT occur & react to eliminate further risk Secure Guarantee to Customs 26

25 Claims procedure PAYMENT NO CASE CUSTOMS Pers. Dir. Liable NO REPLY or CONTESTATION CASE HANDLING PROCESS 28

26 Case handling process NATIONAL GUARANTEEING ASSOCIATION CUSTOMS CASE CLOSED PAYMENT International Financial Institution National Financial Institution IRU ISSUING ASSOCIATION HOLDER 29

27 TIR statistics 58 operational countries 10,000 Carnets used per day USD 1 billion guarantee coverage per day 30 2,920,150 TIR transports 104 claims 0.003%

28 Summary Summary The IRU is responsible for the management of the international chain of guarantee Each TIR Carnet provides a USD 50,000 / EUR 60,000 guarantee on duties and taxes 1 Summary The TIR Carnet is a harmonised document that gives each Holder access to 58 countries (current contracting parties implementing the TIR Convention) 2 Summary All actors have to work together in publicprivate partnership, and must adhere to the contractual documents. 3 31

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