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The UN agreements on border crossing facilitation and the WTO Trade Facilitation Agreement
Tarcisio Hardman Reis
Marseilles, 4 November 2015
WTO Trade Facilitation Agreement (TFA)
Section I
Art. 1: Publication and availability of information
Art. 2: Opportunity to comment, information before entry into force, and consultations
Art. 3: Advance rulings
Art. 4: Procedures for appeal or review
Art. 5: Other measures to enhance impartiality, non-discrimination and transparency
Art. 6: Disciplines on fees and charges imposed on or in connection with importation and exportation and penalties
Art. 7: Clearance of Goods
Art. 8: Border Agency Cooperation
Art. 9: Movement of goods intended for import under customs control
Art. 10: Formalities connected with importation, exportation and transit
Art. 11: Freedom of transit
Art. 12: Customs cooperation
Section II – Special and Differential Treatment Provisions for Developing
Country Members and Least-Developed Country Members
Art. 13: General principles
Art. 14: Categories of provisions
Art. 15: Notification and implementation of category A
Art. 16: Notification of definitive dates for implementation of category B and Category C
Art. 17: Early Warning Mechanism
Art. 18: Implementation of category B and category C
Art. 19: Shifting between categories B and C
Art. 20: Grace period for the application of the understanding on rules and procedures governing the
settlement of disputes
Art. 21: Provision of assistance support and capacity building
Art. 22: Information on assistance and support for capacity building to be submitted to the committee
Section III – Institutional Arrangements and Final
Provisions
Art. 23: Institutional Arrangements
Art. 24 Final provisions
Art. 1: Publication and availability of information
Art. 2: Opportunity to comment, information
before entry into force, and consultations
Art. 3: Advance rulings
Art. 4: Procedures for appeal or review
Art. 5: Other measures to enhance impartiality, non-
discrimination and transparency
Art. 6: Disciplines on fees and charges imposed on
or in connection with importation and
exportation and penalties
Art. 7: Clearance of goods Art. 8: Border agency
cooperation
Art. 9: Movement of goods intended for import under
customs control
Art. 10: Formalities connected with
importation, exportation and transit
Art. 11: Freedom of transit Art. 12: Customs
cooperation
TFA – Section I
UN Agreements on border crossing facilitation
Working Party on Customs Questions affecting Transport (WP.30)
Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR
Convention, 1975)
Secure vehicles/containers
International guarantee
TIR Carnet Controlled access Mutual recognition of customs control
International Convention on the Harmonization of
Frontier Controls of Goods (Harmonization, 1982)
Mutual recognition of customs control
Medico-sanitary, Veterinary,
phytosanitary, inspections and control of quality
and technical standards
Facilitation of border crossing
procedures for road transport
Facilitation of border crossing procedures on
freight rail
Not covered by the UN
Transport agreements
Mostly covered by the
UN Transport
agreements
Partially covered
by the UN
Transport
agreements
Art. 2: Opportunity to comment, information before entry into force,
and consultations
Art. 3: Advance rulings
Art. 4: Procedures for appeal or review
Art. 6: Disciplines on fees and charges imposed on
or in connection with importation and
exportation and penalties
TFA – Section I
Art. 1: Publication and availability of
information
Art. 5: Other measures to
enhance impartiality, non-discrimination and transparency
Art. 12: Customs cooperation
Art. 7: Clearance of goods
Art. 8: Border agency cooperation
Art. 9: Movement of goods intended for
import under customs control
Art. 10: Formalities connected with
importation, exportation and
transit
Art. 11: Freedom of transit
Mostly covered by the UN
Transport agreements TFA – Section I
Art. 7: Clearance of goods
Art. 8: Border agency xooperation
Art. 9: Movement of goods intended for
import under customs control
Art. 10: Formalities connected with
importation, exportation and
transit
Art. 11: Freedom of transit
Harmonization Convention
TIR CONVENTION
Examples of provisions covered by the UN Conventions:
TFA TIR Harmonization
Art. 7 (4.3) Focus on high-
risk consignments
Art. 5 Goods carried under
the TIR procedure shall not
as a general rule be subject
to examination
Art. 2 The Convention aims
at reducing the number and
duration of controls
Art. 8 (2.a) Alignment of
working days and hours of
customs at borders
Art. 7 Cooperation in relation
to opening hours of frontier
posts
Art. 9 Allow goods to be
moved to a customs office
inside the territory (instead
of borders)
Possible under TIR
operations
Annex 1, art. 1
It is possible, if appropriate
to carry out controls inside
its territory
Art. 10 (2.1) Acceptance of
paper or electronic copies of
documents
eTIR (forthcoming) Art. 9 Shall accept
documents produced by any
appropriate technical
process
Art. 11(2) Transit shall not be
conditioned upon collections
of fees or charges
Art. 46 No charges shall be
made for customs
attendance in connection
with customs operations
under the convention
Articles partially covered by the UN Transport Agreements:
TFA TIR Harmonization Comments
Art. 1: Publication
and availability of
information
The TIR procedure is
transparent when it
comes to procedure,
applied rates, fees
and charges.
The Harmonization
Convention promotes
increased
transparency on
import, export or
transit restrictions and
prohibitions.
Requirements related
to the dissemination
of information through
internet and enquiry
points are not
covered.
Art. 5: Other
measures to enhance
impartiality, non-
discrimination and
transparency
The Harmonization
Convention covers
enhanced controls
(through emergency
measures) and
detention of declared
goods.
The Conventions do
not cover the
requirements for test
procedures under the
TFA.
Art. 12: Customs
cooperation
Promotes customs
cooperation on a
number of issues.
Promotes customs
cooperation on a
number of issues.
Limited to the scope
of each convention.
Comparative table:
TFA TIR Harmonization
Aim Facilitate trade Facilitate transit
procedures
Harmonize different
types of border
controls
Parties 51
(not yet into force)
69
(58 operating
parties)
57
Mode of transport All Intermodal
(as long as one leg is
made by road)
Maritime, air and
inland frontiers
Negotiating
authorities
Trade Customs and/or
transport
Customs
Entry into force 59 additional
ratifications are still
necessary
20 March 1978 15 October 1985
Insights from the presentation:
Trade/customs relation
Practical implementation of the
TFA
Benefits of the UN agreement for the
private sector
Cooperation between CEFACT and UNECE
transport
.
eTIR pilot projects
Joan Padreny
Marseille, November 4th 2015
project
Rationale for the eTIR project
National
Public Private
International
Transport operator
National Association
International organization
Customs
Guarantee Chain
B2C: Declaration & guarantee certificate
C2B: Transport & Operations
C2C: Transport & Operations B2B: Guarantee
certificate
The eTIR system: a public private partnership
Guarantee
Chain
eTIR international
system
Transport
Operator Customs
Public Private
B2C
C2B
B2B C2C
B2C
C2B
Why a centralized system
Customs
Decentralized approach (bilateral)
Customs
Customs Customs
eTIR international
system
Centralized approach (multilateral)
Customs Customs
Customs Customs
Architecture
ENTERPRISE SERVICE BUS (ESB)
Security – Authentication and Authorization
Routing and Orchestration
National
System
SOAP/HTTP
National
System
SOAP/HTTP
National
System
JMS
National
System
SMTP
National
System
FTP
Centralized
DB
C2C
Pilot projects
UNECE-IRU eTIR pilot
Actors involved
2 Associations
2 Customs Administrations
2 Holders
2 Countries
2 Organizations
Objective
Geographical scope
Izmir
Teheran
Bazargan Gürbulak
1 TIR HOLDER
1 TIR HOLDER
eTIR high-level architecture
Customs Customs Customs
TIR associations TIR associations TIR holders TIR holders TIR holders TIR associations
Trusted DataExchange
WebServices
UNECEPortalWebServicese
ITDB Web Services
IRU tools
• TIR Holder:
Order a eGuarantee online
Association:
Approve and issue the eGuarantee
TIR Holder:
Pre-declare the transport and
GO!
Customs:
Receive electronic advance cargo information for better risk management
Operate paperless, more efficiently with increased security and reduced fraud
Holder Portal: Print at home carnet
TOBB
TOBB Dumlupınar Bulvarı No: 252 06530 Ankara/Turkey
Mars LOGISTICS, Ankara Str. 34000 Istanbul
TUR/042/1172
UNECE-IRU eTIR pilot
UNDA eTIR pilot
United Nations
DEVELOPMENT ACCOUNT
Actors involved
1 Organization
2 Countries
UNDA
2 Customs Administrations
Objective
UNDA
Data Exchange
CUSTOMS
Exchange Platform
CUSTOMS
eTIR Pilot Turkey - Georgia
UNDA
Next steps
Transition towards the full eTIR
eTIR has a larger scope, including exchanges of data with the guarantee chain and the complete elimination of the paper
B2B
eTIR
Guarantee Chain
eTIR international
system
Customs
EP
Guarantee Chain
Exchange Platform
Customs
Transition
The pilot is limited to the exchange C2C TIR data between customs administrations but is a first step for the implementation of the full eTIR system
eTIR legal considerations
• Possible legal frameworks
– Amending the TIR Convention
– A Protocol
– A new Convention
• Other legal considerations
– Authentication and data integrity
– Data protection
– Central administration
• Group of Experts on Legal Aspects of Computerization of the TIR Procedure (GE.2)
– first session: Geneva, 16-17 November 2015
Questions?
.
Thank you!
Tarcisio Hardman
Joan Padreny
TIR secretariat
Sustainable Transport Division
http://tir.unece.org
8-14, Avenue de la Paix
CH-1211 Geneva 10
Switzerland