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


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

Access to the TIR procedureAccess to the TIR procedure


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 )



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


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



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


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


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


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


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


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


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…

!!


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”


Contractual relationsContractual relationsContractual relationsContractual relations

ASSOCIATIONASSOCIATION

DECLARATION OF DECLARATION OF ENGAGEMENTENGAGEMENT

GUARANTEE GUARANTEE AGREEMENTAGREEMENT

DEED OF DEED OF ENGAGEMENTENGAGEMENT

IRUIRUCUSTOMSCUSTOMS

TIR CARNETTIR CARNETHOLDERHOLDER


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


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.


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 ……



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



requiredrequired


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



requiredrequired


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


55thth Euro-Asia Conference: Almaty Euro-Asia Conference: Almaty55thth Euro-Asia Conference: Almaty Euro-Asia Conference: Almaty

11-12 June 11-12 June 20092009!!


www.iru.orgwww.iru.org

regional tir seminar

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