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NATIONAL WORKSHOP ON THE BENEFITS OF THE TIR CONVENTION TO FACILITATE GROWTH AND PROSPERITY IN THE ARAB WORLD WITHIN THE FRAMEWORK OF THE IDB-AULT-IRU JOINT PROJECT Riyadh, Kingdom of Saudi Arabia, 12 November 2013
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SESSION II – TIR ACTORS: 2. Role and responsibilities of IRU and national Associations Riyadh, Kingdom of Saudi Arabia, 12 November 2013 Jean Acri Special TIRAdvisor Patrick Philipp Head IRU Training
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The United Nations mandates the 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 6.2bis of the TIR Convention)”“take on the responsibility for the effective organisation and functioning of an international guarantee system (Article 6.2bis of the TIR Convention)” “Centrally print and distribute TIR Carnets”“Centrally print and distribute TIR Carnets” Roles and Responsibilities - IRU Page 3 © International Road Transport Union (IRU) 2013
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Roles & Responsibilities - IRU Risk Management: Controlled accessControlled access SafeTIR + TIR-EPDSafeTIR + TIR-EPD Preventive MeasuresPreventive Measures Facilitate training Problem resolution assistance – Hotline HOTLINE@iru.org HOTLINE@iru.org Page 4 © International Road Transport Union (IRU) 2013
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Action by IRU IRU and national guaranteeing associations to sign appropriate TIR contractual agreements IRU to provide national associations with IT software to manage TIR IRU to train national associations and transport operators IRU to provide national associations with the appropriate financial TIR coverage Page 5 © International Road Transport Union (IRU) 2013
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Action by IRU IRU and national associations to create constructive PPP with Governments and Agencies IRU to assist national Associations and their respective authorities to accede to and implement the TIR Convention IRU to audit national associations before right to operate is given. Page 6 © International Road Transport Union (IRU) 2013
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Issuing Association Guaranteeing Association Holder IRU Customs National Financial Institution International Financial Institution Page 7 © International Road Transport Union (IRU) 2013
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Contractual relations ASSOCIATION A ASSOCIATION B IRUIRU Financial Institutions Financial Institutions Page 8 © International Road Transport Union (IRU) 2013
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ASSOCIATION Page 9Page 9 Contractual relations DECLARATION OF ENGAGEMENT GUARANTEE AGREEMENT DEED OF ENGAGEMENT IRUCUSTOMS TIR CARNET HOLDER Page 9 © International Road Transport Union (IRU) 2013
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IT Risk Management Tools Page 10 © International Road Transport Union (IRU) 2013
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ADMISSION TO TIR Admission Development Plan Concrete Steps Check-list Monitoring Progress Reports Success Page 11 © International Road Transport Union (IRU) 2013
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Roles and Responsibilities of the National Associations 3 Issuance, control and return of TIR Carnets Deed of Engagement 6 5 Train TIR Carnet Holders Deed of Engagement 4 Apply Risk Management: SafeTIR, quotas, monitoring etc Annex 10 & Deed of Engagement 2 Select reliable TIR Carnet Holders & ensure their continued compliance with the Declaration of Engagement Article 6.4 & Annex 9 II & Deed of Engagement 1 Act as guarantor for persons using the TIR procedure Art. 1(q) Cooperate with Customs to resolve TIR irregularities Deed of Engagement & Deed of Guarantee This list is not exhaustive – summary of some key aspects! Page 12 © International Road Transport Union (IRU) 2013
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Controlled Access TIR Convention, Annex 9, Part II, Article 1 Minimum Conditions and Requirements a)Proven experience or, at least, capability to engage in regular international transport b)Sound financial standing c)Proven knowledge in the application of the TIR Convention d)Absence of serious or repeated offences against Customs or tax legislation e)An undertaking in a written declaration of commitment (to the association) Page 13 © International Road Transport Union (IRU) 2013
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TIR Convention, Annex 9, Part II, Article 1, a) Check official company registration Verify the International Licence of the company Conduct active research for reputation Control the numbers and TIR certification of vehicles Check Certificate of Professional Competence of directors and main shareholders (CPC) Check proof of past business operations, CMR, orders and other documents Proven Experience Controlled Access Page 14 © International Road Transport Union (IRU) 2013
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TIR Convention, Annex 9, Part II, Article 1, b) Sound Financial Standing Controlled Access Demand proof of financial viability: Credit Rating (e.g. Moody’s), Bank reference Verify company’s financial status with National Authorities, Tax Office, Commercial Registers Check Annual Company Accounts, Reports Bank Guarantees & cash deposits by Holders to participate in the TIR system Page 15 © International Road Transport Union (IRU) 2013
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TIR Convention, Annex 9, Part II, Article 1, c) Proven knowledge in the application of the TIR Convention Controlled Access Check the knowledge of the future Holder of TIR Carnet Provide training for management and staff Page 16 © International Road Transport Union (IRU) 2013
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TIR Convention, Annex 9, Part II, Article 1, d) Absence of serious or repeated offences against Customs or tax legislation Controlled Access Verify the absence of previous offences by all involved in the company Positive evidence of “clean sheet” Check the reputation Keep informed of changes in directors, the main shareholders, the staff Be aware, and keep verifying Page 17 © International Road Transport Union (IRU) 2013
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Controlled Access ! Continuous Monitoring of status of Holders of TIR Carnets TIR Convention, Annex 9, Part II, Article 6 “The authorisation for access to the TIR procedure does not constitute in itself a right to obtain TIR Carnets from the Associations” Associations have the absolute right to refuse authorisation, to suspend or to exclude a transport company at any time… ! Page 18 © International Road Transport Union (IRU) 2013
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TIR System is a facilitation tool answering the needs of both Public and Private sectors: Customs, trade, transport.
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www.iru.org Page 20 © International Road Transport Union (IRU) 2013
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