TODAY IS WEDNESDAY, DECEMBER 13, 2017, 12:12:14 PM
VISUALLY VERSION
The FCS of Russia notified the guaranteeing association ASMAP of termination of contractual relations from December 1, 2013

On August 28, 2013, the FCS of Russia send the Association of International Road Carriers (ASMAP) a letter notifying the termination of  the Agreement of 2004 from December 1, 2013, in accordance with the procedure provided for in this Agreement.

The Federal Customs Service properly notified the guaranteeing association ASMAP three months before the date of termination of the contractual relationship. Clause 1 of Article 6 of the “Agreement on the obligations relating to the application of the Customs Convention on the International Transportation of Goods with the use of TIR Carnets” concluded on June 7, 2004 between the Russian State Customs Committee and the guaranteeing association ASMAP, which is the member of the International Road Transport Union (IRU), determined that the Agreement shall be extended automatically for each calendar year, “if none of the Parties notifies the other Party in writing three months before the intended date of termination of the intention to terminate this Agreement.”

As previously reported, as of July 1, 2013, the amount of debt incurred because of non-delivery of goods under the TIR procedure exceeded 20 billion rubles (or more than U.S. $ 650 million), which were not transferred to the budget of the Russian Federation.

The measures taken by the FCS of Russia to resolve the issues of goods transit with the use of TIR Carnets, including the measures taken during the work of the working group created in August of this year, did not succeed because of unconstructive position of the management of the guaranteeing association. In particular, the issues of providing ASMAP with adequate security of payment of customs payments during goods transit, excluding losses for the federal budget, as well as developing the procedure for redemption of debt incurred because of non-delivery of goods.

In addition, under the Agreement, the guaranteeing association should enable the customs authorities “to verify all reporting documents and accounts relating to the application of TIR procedure.” In August 2013, the FCS of Russia, in order to analyze the application of the TIR procedure, requested the necessary documentation from the ASMAP. However, the management of the guaranteeing association refused to submit it, stating in the reply that the FCS of Russia does not directly involved in execution of TIR Carnets.

Having faced with an opaque scheme of work and with the closed nature of Russian structure, functioning as the national guaranteeing association, from the control of a public authority under the Agreement, the FCS of Russia believed it useful to conduct control and financial audit of the ASMAP as the national guaranteeing association, including its financial relationships with foreign organizations.

The FCS of Russia emphasizes that the point at issue is not an international treaty - the TIR Convention of 1975, but interaction of the federal authority of the executive body and Russian structure, which is the guaranteeing association. These relationships are negotiated and determined by bilateral agreement.