Regional TIR Seminar
description
Transcript of Regional TIR Seminar
© International Road Transport Union (IRU) 2009
Regional TIR SeminarRegional TIR SeminarRegional TIR SeminarRegional TIR Seminar
Tunis, 3Tunis, 3rdrd and 4th June 2009 and 4th June 2009Tunis, 3Tunis, 3rdrd and 4th June 2009 and 4th June 2009
Raphaël HirtRaphaël Hirt
Head – TIR Carnet Management and Head – TIR Carnet Management and SafeTIRSafeTIR
Raphaël HirtRaphaël Hirt
Head – TIR Carnet Management and Head – TIR Carnet Management and SafeTIRSafeTIR
© International Road Transport Union (IRU) 2009
Cooperation between Customs and national Cooperation between Customs and national associations when granting operators access to associations when granting operators access to the TIR procedure:the TIR procedure:
1.1. Controlled accessControlled access
2.2. Continuous Monitoring of Holder’s StatusContinuous Monitoring of Holder’s Status
3.3. RevocationRevocation
4.4. Contractual relations Contractual relations
5.5. Who does whatWho does what
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Access to the TIR procedureAccess to the TIR procedure
© International Road Transport Union (IRU) 2009
Controlled AccessControlled AccessControlled AccessControlled Access
Associations and competent authorities Associations and competent authorities mustmust apply Admission Procedures apply Admission Procedures (by (by enforcingenforcing the TIR Convention) the TIR Convention)
Associations and competent authorities Associations and competent authorities mustmust apply Admission Procedures apply Admission Procedures (by (by enforcingenforcing the TIR Convention) the TIR Convention)
This is the first opportunity to prevent fraud efficiently and This is the first opportunity to prevent fraud efficiently and provide for smooth functioning of the TIR System!provide for smooth functioning of the TIR System!
This is the first opportunity to prevent fraud efficiently and This is the first opportunity to prevent fraud efficiently and provide for smooth functioning of the TIR System!provide for smooth functioning of the TIR System!
Careful selection of transport operatorsCareful selection of transport operators
(TIR Convention - Annex 9, Part II, Article 1 )(TIR Convention - Annex 9, Part II, Article 1 )
Careful selection of transport operatorsCareful selection of transport operators
(TIR Convention - Annex 9, Part II, Article 1 )(TIR Convention - Annex 9, Part II, Article 1 )
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© International Road Transport Union (IRU) 2009
Controlled AccessControlled AccessControlled AccessControlled Access
TIR Convention, Annex 9, Part II, Article 1TIR Convention, Annex 9, Part II, Article 1
Minimum Conditions and RequirementsMinimum Conditions and Requirements
a)a) Proven Proven experienceexperience or, at least, capability to engage in or, at least, capability to engage in regularregular international transport international transport
b)b) Sound Sound financialfinancial standing standing
c)c) Proven Proven knowledgeknowledge in the application of the TIR in the application of the TIR ConventionConvention
d)d) AbsenceAbsence of serious or repeated of serious or repeated offencesoffences against against Customs or tax legislationCustoms or tax legislation
TIR Convention, Annex 9, Part II, Article 1TIR Convention, Annex 9, Part II, Article 1
Minimum Conditions and RequirementsMinimum Conditions and Requirements
a)a) Proven Proven experienceexperience or, at least, capability to engage in or, at least, capability to engage in regularregular international transport international transport
b)b) Sound Sound financialfinancial standing standing
c)c) Proven Proven knowledgeknowledge in the application of the TIR in the application of the TIR ConventionConvention
d)d) AbsenceAbsence of serious or repeated of serious or repeated offencesoffences against against Customs or tax legislationCustoms or tax legislation
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© International Road Transport Union (IRU) 2009
TIR Convention, Annex 9, Part II, Article 1, a)TIR Convention, Annex 9, Part II, Article 1, a)TIR Convention, Annex 9, Part II, Article 1, a)TIR Convention, Annex 9, Part II, Article 1, a)
Check official company registrationCheck official company registration
Verify the International Licence of the companyVerify the International Licence of the company
Conduct active research for reputation Conduct active research for reputation
Control the numbers and TIR certification of vehiclesControl the numbers and TIR certification of vehicles
Check Certificate of Professional Competence of directors Check Certificate of Professional Competence of directors and main shareholders (CPC) and main shareholders (CPC)
Check proof of past business operations, CMR, orders Check proof of past business operations, CMR, orders
and other documentsand other documents
Check official company registrationCheck official company registration
Verify the International Licence of the companyVerify the International Licence of the company
Conduct active research for reputation Conduct active research for reputation
Control the numbers and TIR certification of vehiclesControl the numbers and TIR certification of vehicles
Check Certificate of Professional Competence of directors Check Certificate of Professional Competence of directors and main shareholders (CPC) and main shareholders (CPC)
Check proof of past business operations, CMR, orders Check proof of past business operations, CMR, orders
and other documentsand other documents
Proven ExperienceProven ExperienceProven ExperienceProven Experience
Controlled AccessControlled AccessControlled AccessControlled Access
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© International Road Transport Union (IRU) 2009
TIR Convention, Annex 9, Part II, Article 1, b)TIR Convention, Annex 9, Part II, Article 1, b)TIR Convention, Annex 9, Part II, Article 1, b)TIR Convention, Annex 9, Part II, Article 1, b)Sound Financial StandingSound Financial StandingSound Financial StandingSound Financial Standing
Controlled AccessControlled AccessControlled AccessControlled Access
Demand proof of financial viability: Credit Demand proof of financial viability: Credit Rating (e.g. Moody’s), Bank referenceRating (e.g. Moody’s), Bank reference
Verify company’s financial status with Verify company’s financial status with National Authorities, Tax Office, National Authorities, Tax Office, Commercial RegistersCommercial Registers
Check Annual Company Accounts, Check Annual Company Accounts, ReportsReports
Bank Guarantees & cash deposits by Bank Guarantees & cash deposits by Holders to participate in the TIR systemHolders to participate in the TIR system
Demand proof of financial viability: Credit Demand proof of financial viability: Credit Rating (e.g. Moody’s), Bank referenceRating (e.g. Moody’s), Bank reference
Verify company’s financial status with Verify company’s financial status with National Authorities, Tax Office, National Authorities, Tax Office, Commercial RegistersCommercial Registers
Check Annual Company Accounts, Check Annual Company Accounts, ReportsReports
Bank Guarantees & cash deposits by Bank Guarantees & cash deposits by Holders to participate in the TIR systemHolders to participate in the TIR system
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© International Road Transport Union (IRU) 2009
TIR Convention, Annex 9, Part II, Article 1, c)TIR Convention, Annex 9, Part II, Article 1, c)TIR Convention, Annex 9, Part II, Article 1, c)TIR Convention, Annex 9, Part II, Article 1, c)
Proven knowledge in the application of the TIR ConventionProven knowledge in the application of the TIR ConventionProven knowledge in the application of the TIR ConventionProven knowledge in the application of the TIR Convention
Controlled AccessControlled AccessControlled AccessControlled Access
Check the knowledge of the future Check the knowledge of the future Holder of TIR CarnetHolder of TIR Carnet
Provide training for management Provide training for management and staffand staff
Check the knowledge of the future Check the knowledge of the future Holder of TIR CarnetHolder of TIR Carnet
Provide training for management Provide training for management and staffand staff
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© International Road Transport Union (IRU) 2009
TIR Convention, Annex 9, Part II, Article 1, d)TIR Convention, Annex 9, Part II, Article 1, d)TIR Convention, Annex 9, Part II, Article 1, d)TIR Convention, Annex 9, Part II, Article 1, d)
Absence of serious or repeated offences against Absence of serious or repeated offences against Customs or tax legislationCustoms or tax legislationAbsence of serious or repeated offences against Absence of serious or repeated offences against Customs or tax legislationCustoms or tax legislation
Controlled AccessControlled AccessControlled AccessControlled Access
Verify the absence of previous offences Verify the absence of previous offences by all involved in the companyby all involved in the company
Positive evidence of “clean sheet”Positive evidence of “clean sheet”
Check the reputationCheck the reputation
Keep informed of changes in directors, Keep informed of changes in directors, the main shareholders, the staffthe main shareholders, the staff
Be aware, and keep verifyingBe aware, and keep verifying
Verify the absence of previous offences Verify the absence of previous offences by all involved in the companyby all involved in the company
Positive evidence of “clean sheet”Positive evidence of “clean sheet”
Check the reputationCheck the reputation
Keep informed of changes in directors, Keep informed of changes in directors, the main shareholders, the staffthe main shareholders, the staff
Be aware, and keep verifyingBe aware, and keep verifying
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© International Road Transport Union (IRU) 2009 Page 9
Continuous Monitoring of Holder’s Continuous Monitoring of Holder’s StatusStatus
Continuous Monitoring of Holder’s Continuous Monitoring of Holder’s StatusStatus
!!Continuous Monitoring ofContinuous Monitoring of
status of Holders of TIR Carnetsstatus of Holders of TIR Carnets
TIR Convention, Annex 9, Part II, Article 6TIR Convention, Annex 9, Part II, Article 6TIR Convention, Annex 9, Part II, Article 6TIR Convention, Annex 9, Part II, Article 6
““The authorisation for access to the TIR The authorisation for access to the TIR procedure does not constitute in itself a right to procedure does not constitute in itself a right to
obtain TIR Carnets from the Associations”obtain TIR Carnets from the Associations”
““The authorisation for access to the TIR The authorisation for access to the TIR procedure does not constitute in itself a right to procedure does not constitute in itself a right to
obtain TIR Carnets from the Associations”obtain TIR Carnets from the Associations”
Associations have the absolute right to refuse authorisation,Associations have the absolute right to refuse authorisation,to suspend or to exclude a transport company at any time…to suspend or to exclude a transport company at any time…Associations have the absolute right to refuse authorisation,Associations have the absolute right to refuse authorisation,to suspend or to exclude a transport company at any time…to suspend or to exclude a transport company at any time…
!!
© International Road Transport Union (IRU) 2009
Revocation of the authorizationRevocation of the authorizationRevocation of the authorizationRevocation 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”
© International Road Transport Union (IRU) 2009 Page 11
Contractual relationsContractual relationsContractual relationsContractual relations
ASSOCIATIONASSOCIATION
DECLARATION OF DECLARATION OF ENGAGEMENTENGAGEMENT
GUARANTEE GUARANTEE AGREEMENTAGREEMENT
DEED OF DEED OF ENGAGEMENTENGAGEMENT
IRUIRUCUSTOMSCUSTOMS
TIR CARNETTIR CARNETHOLDERHOLDER
© International Road Transport Union (IRU) 2009 Page 12
Article 1.q TIR Convention:Article 1.q TIR Convention:Article 1.q TIR Convention:Article 1.q TIR Convention:
Contractual relations:Contractual relations:Guaranteeing AssociationGuaranteeing Association
& Customs& Customs
Contractual relations:Contractual relations:Guaranteeing AssociationGuaranteeing Association
& Customs& CustomsDEED of DEED of
GUARANTEE (Surety)GUARANTEE (Surety)
GuaranteeingGuaranteeing
AssociationAssociation
A Guaranteeing Association is A Guaranteeing Association is approved by the Customs approved by the Customs authorities of a Contracting authorities of a Contracting Party to act as surety for Party to act as surety for persons using the TIR persons using the TIR procedure.procedure.
A Guaranteeing Association is A Guaranteeing Association is approved by the Customs approved by the Customs authorities of a Contracting authorities of a Contracting Party to act as surety for Party to act as surety for persons using the TIR persons using the TIR procedure.procedure.
CustomsCustoms
© International Road Transport Union (IRU) 2009 Page 13
TIR System is a facilitation tool answering TIR System is a facilitation tool answering the needs of both Public and Private the needs of both Public and Private sectors: Customs, trade, transport. sectors: Customs, trade, transport.
© International Road Transport Union (IRU) 2009
Who does what: Who does what: Proven ExperienceProven Experience
Who does what: Who does what: Proven ExperienceProven Experience
Actions & Actions & documents documents
requiredrequired
AssociationAssociation CompetentCompetentAuthoritiesAuthorities
RegistrationRegistration Collect documentsCollect documents ValidateValidate
International International LicenceLicence
CollectCollect ValidateValidate
Research Research ReputationReputation
Collect and monitorCollect and monitor Provide informationProvide information
VehiclesVehicles CollectCollect ValidateValidate
CPCCPC CollectCollect ValidateValidate
CMRCMR Collect and analyseCollect and analyse ……
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© International Road Transport Union (IRU) 2009
Actions & Actions & documents documents
requiredrequired
AssociationAssociation Competent Competent AuthoritiesAuthorities
ViabilityViability Collect and Collect and checkcheck
Validate as Validate as requiredrequired
Credit ratingCredit rating RequestRequest Validate as Validate as requiredrequired
AccountsAccountsAudit ReportAudit Report
Collect, analyse Collect, analyse Validate as Validate as requiredrequired
Who does what: Who does what: Financial StandingFinancial StandingWho does what: Who does what:
Financial StandingFinancial Standing
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© International Road Transport Union (IRU) 2009
Actions & Actions & documents documents
requiredrequired
AssociationAssociation Competent Competent AuthoritiesAuthorities
Holder of TIR Holder of TIR CarnetCarnet
verify CPC and verify CPC and InterviewInterview
--
TIR Responsible TIR Responsible TrainingTraining
ProvideProvide Co-operateCo-operate
Register Register information about information about TIR responsible TIR responsible
personperson
Monitor and checkMonitor and check Inform and confirmInform and confirm
Who does what: Who does what: KnowledgeKnowledgeWho does what: Who does what: KnowledgeKnowledge
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© International Road Transport Union (IRU) 2009
Actions & Actions & documents documents
requiredrequired
AssociationAssociation Competent Competent AuthoritiesAuthorities
Check Check absenceabsence
RequestRequest ConfirmConfirm
ReputationReputation InterviewInterview ConfirmConfirm
Monitor with Monitor with public public
informationinformation
Who does what:Who does what:Absence of repeated offences against Absence of repeated offences against
Customs or Tax legislationCustoms or Tax legislation
Who does what:Who does what:Absence of repeated offences against Absence of repeated offences against
Customs or Tax legislationCustoms or Tax legislation
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© International Road Transport Union (IRU) 2009
55thth Euro-Asia Conference: Almaty Euro-Asia Conference: Almaty55thth Euro-Asia Conference: Almaty Euro-Asia Conference: Almaty
11-12 June 11-12 June 20092009!!
© International Road Transport Union (IRU) 2009
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