1. The TIR Executive Board (TIRExB), acting within the legal and administrative framework established by the Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention, 1975) (hereafter: "the Convention") shall fulfil the tasks entrusted to it by the Convention and the TIR Administrative Committee. It shall supervise and provide support in the application of the Convention at the national and international levels and shall meet its obligations in accordance with the provisions and the spirit of the Convention (article 58 ter and annex 8, article 1 bis, paragraph 3).
2. In particular, the TIRExB in accordance with annex 8, article 10 of the Convention shall:
(a) supervise the application of the Convention, including the operation of the guarantee system, and fulfil the functions entrusted to it by the Administrative Committee, specifically those provided for in article 38, paragraph 2; article 42 bis, annex 8; annex 9, Part I, paragraphs 1 (e); annex 9, Part I, paragraphs 1 (f)(v) and annex 9, Part II, paragraphs 4 and 5;
(b) supervise the centralized printing and distribution to the associations of TIR Carnets which may be performed by an agreed international organization as referred to in article 6 of the Convention;
(c) coordinate and foster the exchange of intelligence and other information among competent authorities of Contracting Parties;
(d) coordinate and foster the exchange of information between competent authorities of Contracting Parties, associations and international organizations;
(e) facilitate the settlement of disputes between Contracting Parties, associations, insurance companies and international organizations without prejudice to article 57 of the Convention on the settlement of disputes;
(f) support the training of personnel of Customs authorities and other interested parties concerned with the TIR procedure;
(g) maintain a central record for the dissemination to Contracting Parties of information to be provided by the international organizations as referred to in article 6 of the Convention, on all rules and procedures prescribed for the issue of TIR Carnets by associations, as far as they relate to the minimum conditions and requirements laid down in annex 9 of the Convention;
(h) monitor the price of TIR Carnets.
3. The TIRExB shall report on its activities, including the submission of audited accounts, to the TIR Administrative Committee at least once a year or at the request of the Administrative Committee. The Board will be represented in the Administrative Committee by its Chairman (annex 8, article 11, paragraph 4).
4. The TIRExB shall consider any information and queries transmitted to it by the Administrative Committee, Contracting Parties, the TIR Secretary, national associations and international organizations referred to in article 6 of the Convention. These international organizations shall have the right to attend the sessions of the TIRExB as observers unless its Chairman decides otherwise. If necessary, any other organization may attend the sessions of the Board as observer at the invitation of the Chairman (annex 8, article 11, paragraph 5).
5. The TIRExB shall take measures to ensure that the necessary liaison is maintained with competent organs of the United Nations, particularly its Regional Commissions, and with specialized governmental and non-governmental organizations.
6. The TIRExB shall elect a Chairman and shall adopt any additional rules of procedures which are not provided for in the Convention (annex 8, article 11, paragraph 3).
7. The operation of the TIRExB and the TIR secretariat shall be financed, until such time as alternative sources of funding are obtained, through a levy on each TIR Carnet distributed by the international organization as referred to in article 6 of the Convention (annex 8, article 13, paragraph 2). Particular attention should be given to a cost-effective operation of the TIRExB and the TIR secretariat.
8. The TIR secretariat, under the direction of the TIR Secretary, shall undertake the following tasks:
(a) Establishment and maintenance of an international Governmental TIR data bank accessible to all Contracting Parties on:
- approved and excluded transport operators (annex 9, Part II, paragraphs 4 and 5)
- stolen and falsified TIR Carnets
- approved Customs sealing devices
- approved Customs offices for accomplishing TIR operations (article 45)
- contact points (Customs, enforcement agencies, national associations, etc.);
Other data may also be compiled, for example on approved, falsified and stolen Customs stamps, if feasible. Particular attention should be given to data protection. This includes the establishment of effective rules to avoid unauthorized access to the protected data files;
(b) Preparation and servicing of the sessions of the TIREXB;
(c) Exchange of information between competent authorities of Contracting Parties, national associations, insurance companies and international organizations concerned;
(d) Provide administrative support to facilitate the settlement of disputes between Contracting Parties, national guaranteeing associations, insurance companies and the IRU;
(e) Depositary of the
- written agreement or any other legal instrument between associations and competent authorities (annex 9, Part I, paragraph 1 (e) of the Convention),
- insurance contracts between national associations, and national and international insurers (annex 9, Part I, paragraph 1 (f)(v));
(f) Provision of information, interpretation and support for training on the application of the TIR procedure, in particular for countries that have only recently acceded to the Convention, in the establishment of administrative procedures.
9. The first session of the TIRExB shall be convened by the TIR Secretary immediately following its establishment by the Administrative Committee. Further sessions of the Board shall be convened by the TIR Secretary at the request of the Administrative Committee or by at least three members of the Board (annex 8, article 11, paragraph 1).
10. Any of these Terms of Reference may be amended or suspended by the Administrative Committee (annex 8, article 9, paragraph 2).