In its function as supervisor of the TIR Convention, the TIR Executive Board (TIRExB) also acts as depositary for the written agreements or any other legal instruments that have to be established between the national TIR Carnet issuing and guaranteeing association(s) and the competent Customs authorities of the Contracting Parties, in line with Annex 9, Part 1 (e) of the TIR Convention.
The TIRExB has noted with concern that not all agreements that have been deposited so far are fully in line with Annex 9, Part 1 (e) of the TIR Convention. In many cases the provisions contained in the agreements go beyond the obligations of Customs authorities and/or national associations as stipulated in the TIR Convention.
Example Authorization and Example Agreement
In order to provide Customs authorities and national associations with guidance, the TIRExB has drawn up the following examples covering:
1. the Act of authorization as a unilateral act by the Governments which can be revoked at any time by the competent authorities in case of serious or repeated non-compliance of the provisions of Annex 9, Part I of the Convention by the national association(s).
2. the Aagreement or any other legal instrument to be established between the competent authorities and the national association(s) on the basis of national law and containing an undertaking by the national association(s) as stipulated in the Annex 9, Part I, paragraph 1 (e).
The example authorization and agreement contain standardized wordings for the specific minimum conditions and requirements that govern the rights and obligations of both Customs authorities and national association(s), such as the minimum contents of the undertaking, the association's liability, the maximum guarantee per TIR Carnet and the termination of the agreement. If parties so wish, the agreement can be extended with additional provisions.
The TIRExB is of the view that, to the extent possible, all new or modified authorizations and agreements in all Contracting Parties should be based on these examples. It should however be clear that both texts are examples which only cover the minimum conditions and requirements. Thus, parties are free to add further provisions, as long as it is assured that the interests of all parties concerned are covered in accordance with the provisions and the spirit of the TIR Convention.