legal arrangements for the smooth movement of goods internationally geetha karandawala chief,...
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Legal Arrangements for the Smooth Movement of Goods
Internationally
Geetha KarandawalaGeetha KarandawalaChief, Transport Facilitation SectionChief, Transport Facilitation Section
Transport and Tourism DivisionTransport and Tourism DivisionUNESCAP SecretariatUNESCAP Secretariat
4th Expert Group Meeting on Developing Euro-Asian Transport Linkages
21-24 November 2006, Thessaloniki, Greece
International transport
Ensure free movement of goods & people
Accessible & open environment
Exists only within the limits that each country is prepared to accept
Norms, standards, rules, independent to each other
As trade & transport developed – so did the rules
Transport is one of the most regulated sectors
National rules, bilateral treaty, multilateral treaty
Smooth Movement of Goods & People
In the early 1950’s the UN took the lead to help Governments create an enabling environment
Large number of legal instruments elaborated
Transit rights
o Statute of freedom of transit, Barcelona (1921)o Convention on Transit & Trade of landlocked
states (1965)o Convention on Law of the Sea (1982)
To ensure right of transit To ensure right of transit
Regulations are vital to safety, security & environmental protectiono UN Agencies & international organization: ECE,
IMO, ICAO, WCOo ECE initiated over 50 international conventions &
agreements
1992 ESCAP & ECE helped countries in Asia & the Pacific to select 7 of the most important ECE Conventions
A set of convenctions that provide a basic level of harmonization to facilitate trade
Envisaged as an initial step to be further developed
Objective -> International Integrated Intermodal Transport System
To regulate & harmonize standards & processes
RESOLUTION 48/11: THE CONVENTIONS
Convention on Road Traffic, 1968 Convention on Road Signs and Signals, 1968 Customs Convention on the International
Transport of Goods under Cover of TIR Carnets (TIR Convention), 1975
Convention on Temporary Importation of Commercial Road Vehicles, 1956
Customs Convention on Containers, 1972 International Convention on the
Harmonization of Frontier Control of Goods, 1982
CMR Convention 1956
1998: Launching of UN special programme for Economics of Central Asia (SPECA)
1999 SPECA countries proposed expansion of resolution 48/11 to include other conventions
1. European Agreement supplementing the convention on road traffic (1971)
2. European Agreement supplementing the convention on road signs & signals (1971)
3. Customs convention on the temporary importation of private road vehicles (1954)
4. Agreement on the international carriage of perishable food stuffs & on the special equipment to the used for such carriage (ATP) 1970
Promoting the conventions
Profound influence on globalizationMajor structural changes in some
countriesCentrally planned to market oriented
economiesPolicies & tools developed by other
international organizationsRegional integration & physical
inter-connectivityResolution 48/11 is an important tool
and validProgress seen & more effort & some
adjustment needed
Resolution 48/11 Intervening years Resolution 48/11 Intervening years
Future Direction-Ministerial Conference on Transport 2006
Future Direction-Ministerial Conference on Transport 2006
Include the most relevant instruments from UNECE/WCO/IMO1) Convention on Temporary Admission (Istanbul
Convention) 19962) Convention on the simplification &
harmonization of customs procedures, as amended (Revised Kyoto Convention) 1999
3) Convention on facilitation of International Maritime Traffic (FAL Convention) 1965 as amended
4) Protocol to the convention on the Contract for International Carriage of Goods (CMR) 1978
Harmonization through accession & implementation of international legal instruments
Towards a refined & expanded resolution 48/11
THE CONVENTION ON TEMPORARY ADMISSION (ISTANBUL CONVENTION), 1990
Benefits:
High degree of simplification and harmonization of Customs procedures
Facilitation of temporary admission in pursuit of economic, humanitarian, cultural, social or touring objectives
Standardized model temporary admission papers.
THE INTERNATIONAL CONVENTION ON THE SIMPLIFICATION AND HARMONIZATION OF CUSTOMS PROCEDURES, AS
AMENDED (REVISED KYOTO CONVENTION), 1973
Benefits:
Facilitation of international trade and transport
Goods move faster across national borders reducing the need to maintain security or buffer stocks
Reduced work load of Customs officials
Beneficial consultative relations with the business community, in particular for traders and transport operators.
THE CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC (FAL CONVENTION), 1965
Benefits:
Harmonized standards and practices Reduced bureaucracy and increased automatic
data processing techniques used in shipping documentation
Streamlined procedures of clearance of cargo and persons
Increased safety and security for vessel, cargo, crew and passengers
Proven to be one of the most efficient instruments for facilitation of international maritime traffic.
Status of UNESCAP member states’ accession to international conventions listed in Commission Resolution 48/11,
as of November 2006
Status of UNESCAP member states’ accession to international conventions listed in Commission Resolution 48/11,
as of November 2006Country or area Convention on
Road Traffic[1](1968)
Convention on Road Signs and
Signals(1968)
Customs Convention on
the International Transport of Goods under Cover of TIR
Carnets(1975)
Customs Convention on the
Temporary Importation of
Commercial Road Vehicles(1956)
Customs Convention on
Containers(1972)
International Convention on the Harmonization of
Frontier Controls of Goods(1982)
Convention on the Contract for
the International Carriage of
Goods by Road (CMR)(1956)
Afghanistan x x
Armenia x x x x x
Azerbaijan x x x x x x
China x
Georgia x x x x x x
Iran (Islamic Republic of ) x x x x
Kazakhstan x x x x x x
Kyrgyzstan x x x x x x
Pakistan x x
Russian Federation x x x x x x
Tajikistan x x x x
Turkey x (1949) x x x x x
Turkmenistan x x x x
Uzbekistan x x x x x x x
Source: official UNECE publications. Legend: x – Contracting Party; S- signature; (..)- data are not applicable.1 1949A very interesting situation can be noticed in the case of the Convention that preceded the Convention on R
1 1 1 1 1 1 1 11111 1 11 111 111111111 111 11111111111 1, 1 9 6 8 , 1 9 6 8 : 1 5 1949 1968 1949arties to the Convention, but did not ratify the Conventions. The Convention is still valid in relation
1 1111111 111 11111111111 1111111 11 111
Accession status to international agreements and conventions, indicated in the Protocol of the second session of the PWG-
Transport and Border Crossing
Accession status to international agreements and conventions, indicated in the Protocol of the second session of the PWG-
Transport and Border Crossing
No International Agreements and Conventions Afghanistan Azerbaijan
Kazakhstan Kyrgyzstan
Tajikistan Turkmenistan Uzbekistan
1 Convention on Road Traffic (08/11/1968)* x x x x x x
2 Convention on Road Signs and Signals (08/11/1968)* x x x x x
3 Convention on the Contract for the International Carriage of Goods by Road (CMR) (19/05/1956)* x x x x x x
4 Customs Convention on the Temporary Importation of Commercial Road Vehicles 18/05/1956)* x x x x
5Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (14/11/1975)*
x x x x x x x
6 International Convention on the Harmonization of Frontier Controls of Goods (21/10/1982)* x x x x
7 Customs Convention on Containers (02/12/1972)* x x x
8 European Agreement supplementing the Convention on Road Traffic (01 /05/ 1971)
9 European Agreement supplementing the Convention on Road Signs and Signals (01/05/1971)
10European Agreement concerning the Work of Crews of Vehicles engaged in International Road Traffic (AETR) (01 /07/ 1970)
x x x x
11 Customs Convention on the Temporary Importation of Private Road Vehicles (04/06/1954) x
12European Agreement concerning the International Carriage of Dangerous Goods by Road ADR 30/09/1957)
x x
13Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) (01/09/1970)
x x x
14 European Agreement on Main International Traffic Arteries (AGR) (15/11/1975) x x
15 European Agreement on Main International Railway Lines (AGC) (31/05/1985) C
16European Agreement on Important International Combined Transport Lines and Related Installations (AGTC) (01/02/ 1991)
x
Legend: * ‑ Conventions recommended by UNESCAP Resolution 48/11; x– Contracting Party; C- accession procedures ongoing.
Status of accession of ESCAP member states to the most relevant UN/IMO facilitation conventions
Status of accession of ESCAP member states to the most relevant UN/IMO facilitation conventions
Country
Convention and Statute on Freedom of
Transit, Barcelona, 1921
Convention on Transit Trade of Landlocked
States, New York, 1965
Convention on Facilitation of
International Maritime Traffic (FAL
Convention), 1965
Convention on the Law of the Sea,
Montego Bay, 1982
Afghanistan S S
Armenia x
Azerbaijan
China, P.R. of S x x
Georgia x x x x
Iran (Islamic Republic of) x x S
Kazakhstan
Kyrgyzstan
Pakistan x
Palau x
Russian Federation x x x
Tajikistan
Turkey x x
Turkmenistan
Uzbekistan x
Legend: x- Contracting Party: S- signature
Status of accessions to the most relevant WCO conventions2 and membership of the WTO
Status of accessions to the most relevant WCO conventions2 and membership of the WTO
Country or areaMembership of the
WTOConvention on temporary
admission (Istanbul Convention)
International Convention on the simplification and harmonization of
Customs procedures, as amended (Revised Kyoto Convention)
Afghanistan observer
Armenia 05.02.2003
Azerbaijan observer x
China 11.12.2001 x x
Georgia 14.06.2000
Iran (Islamic Republic of) observer
Kazakhstan observer
Kyrgyzstan 20.12.1998
Pakistan 01.01.1995 x x
Russian Federation observer x
Tajikistan observer x
Turkey 26.03.1995 x x
Turkmenistan -
Uzbekistan observer
Legend: x- Contracting Party2 The WCO conventions include a number of Annexes which are not all ratified by the Contracting Parties to the convention itself. The list of the Annexes to each convention and the status of their ratification are subject of the ongoing study performed by the ESCAP secretariat.
ECO Transit Transport Framework Agreement, 1998o Coverage:
Afghanistan, Azerbaijan, Iran, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan, Uzbekistan
o Scope: transit transport by road, rail,inland waterway, multimodal & in access port
Subregional Agreements Overview (1)
Objectives: Facilitate movement of goods, luggage &
passengers Ensure safety of goods, luggage & passengers Avoid incidence of customs fraud & tax
evasionFacilities for transit:
Designation of transport routes Multimodal transport Expedite clearance of traffic Safety – offices – visa
Maritime ports & facilities
Subregional Agreements Overview (1) Continued:
ECO Agreement
Subregional Agreements Overview (1) Continued:
ECO Agreement General conditions for road transportTraffic rights (transport services)
Means of transport registered in one country can provide transit services in territory of another
No internal transport in another countryGeneral conditions for rail transport
- Transit servicesGeneral conditions for inland transportRules of carriage by road transportTransit transport coordination council
(TTCC)
TRACECA Agreement, 1998o Coverage: Armenia,
Azerbaijan, Bulgaria, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Romania, Tajikistan, Turkey, Ukraine, Uzbekistan
o Scope: bilateral & transit transport by road, rail, maritime, air, multimodal & pipelines
Subregional Agreements Overview (2):
Objectives: Develop economic relations & trade Access in international markets Facilitate international transport of goods,
passengers, hydrocarbons Ensure traffic safety etc. Harmonize transport policy/legal
framework Create equal conditions of competition
between different types of transport
Subregional Agreements Overview (2) Continued:
TRACECA Agreement
Traffic rights (facilitation of international transport) Parties grant each other the right of transit
of international means of transport, goods & passengers
Inter-governmental commission to regulate issues regarding implementation Wide power Establish secretariat Technical annexes (road, rail, maritime
navigation, customs & documentation) Road annex: access to market through
special permits
Subregional Agreements Overview (2) Continued:
TRACECA Agreement
Further progress
Bilateral Subregional Agreements and international conventions all have role to play:
strong political will, committment and consistency at national, sub-regional and regional levels to reach the goal
Public-Private Partnership Multilateral legal instruments can yield substantial
benefits to public and private sectors For this to happen, they must be fully and effectively
implemented: implementation is a national competency
Need for countries to be able to assess implecations of accession
Need to understand how to implement
Implementation of legal instrumentsImplementation of legal instruments
National level National trade & transport facilitation bodies
Subregional level Clear agenda including periodical analysis of
developments in subregion, region & international level
NTTF bodies along transport corridors Regional level
Countries to deliberate & define policy & strategies Secretariats to assist