THE CONTRACTING PARTIES,

DESIRING to facilitate the international carriage of goods by road vehicle,

CONSIDERING that the improvement of the conditions of transport consti­tutes one of the factors essential to the development of co-operation among them,

DECLARING themselves in favour of a simplification and a harmonization of administrative formalities in the field of international transport, in parti­cular at frontiers,

HAVE AGREED as follows:

• Subject to such conditions and guarantees as it shall determine, each Contracting Party may authorize associations to issue TIR carnets, either directly or through corresponding associations, and to act as guarantors.
• An association shall not bе approved in any country unless its guarantee also co­vers the liabilities incurred in that country in connexion with operations under cover of TIR carnets issued by foreign associations affiliated to the same international organization as that to which it is itself affiliated.

TIR carnet forms sent to the guaranteeing associations by the corresponding foreign associations or by international organizations shall not be liable to import and export duties and taxes and shall, be free of import and export prohibitions and restrictions.

• The guaranteeing association shall undertake to pay the import or export duties and taxes, together with any default interest, due under the Customs laws and regulations of the countiy in which an irregularity has been noted in connexion with a TIR operation.  It shall be liable, jointly and severally with the persons from whom the sums mentioned above are due, for payment of such sums.
• In cases where the laws and regulations of a Contracting Party do not provide for payment of import or export duties and taxes as provided for in paragraph 1 above, the guaranteeing association shall undertake to pay, under the same con­ditions, a sum equal to the amount of the import or export duties and taxes and any default interest.
• Each Contracting Party shall determine the maximum sum per TIR carnet, which may be claimed from the guaranteeing association on the basis of the provisions of paragraphs 1 and 2 above.
• The liability of the guaranteeing association to the authorities of the country where the Customs office of departure is situated shall commence at the time when the TIR carnet is accepted by the Customs office.  In the succeeding countries through which goods are transported under the TIR procedure, this liability shall com­mence at the time when the goods are imported or, where the TIR operation has been suspended under article 26, paragraphs 1 and 2, at the time when the TIR carnet is accepted by the Customs office where the TIR operation is resumed.
• The liability of the guaranteeing association shall cover not only the goods which are enumerated in the TIR carnet but also any goods which, though not enume­rated therein, may be oontained in the oealod ocotion of the road vchiolo or in the sealed container.  It shall not extend to any other goods.
• For the purpose of determining the duties and taxes mentioned in paragraphs 1 and 2 of this article, the particulars of the goods as entered in the TIR carnet shall, in the absence of evidence to the contrary, be assumed to be correct.
• When payment of sums mentioned in paragraphs 1 and 2 of this article becomes due, the competent authorities shall so far as possible require payment from the person or persons directly liable before making a claim against the guaranteeing association.

• The guaranteeing association shall fix the period of validity of the TIR carnet by specifying a final date of validity after which the carnet may not be presented for acceptance at the Customs office of departure.
• Provided that it has been accepted by the Customs office of departure on or before the final date of validity, as provided for in paragraph 1 of this article, the carnet shall remain valid until the termination of the TIR operation at the Customs office of destination.

• The TIR camet may be discharged unconditionally or conditionally; where dis­charge is conditional this shall be on account of facts connected with the TIR ope­ration itself.  These facts shall be clearly indicated in the TIR carnet.
• When the Customs authorities of a country have discharged a TIR carnet uncondi­tionally they can no longer claim from the guaranteeing association payment of the sums mentioned in article 8, paragraphs 1 and 2, unless the certificate of dis­charge was obtained in an improper or fraudulent manner.

• Where a TIR carnet has not been discharged or has been discharged conditionally, the competent authorities shall not have the right to claim payment of the sums mentioned in article 8, paragraphs 1 and 2, from the guaranteeing association unless, within a period of one year from the date of acceptance of the TIR carnet by those authorities, they have notified the association in writing of the non-dis­charge or conditional discharge.  The same provision shall apply where the certifi­cate of discharge was obtained in an improper or fraudulent manner, save that the period shall be two years.
• The claim for payment of the sums referred to in article 8, paragraphs 1 and 2, shall be made to the guaranteeing association at the earliest three months after the date on which the association was informed that the carnet had not been discharged or had been discharged conditionally or that the certificate of discharge had been obtained in an improper or fraudulent manner and at the latest not more than two years after that date.  However, in cases which, during the above-men­tioned period of two years, become the subject of legal proceedings, any claim for payment shall be made within one year of the date on which the decision of the court becomes enforceable.
• The guaranteeing association shall have a period of three months, from the date when a claim for payment is made upon it, in which to pay the amounts claimed. The sums paid shall be reimbursed to the association if, within the two years fol­lowing the date on which the claim for payment was made, it has been established to the satisfaction of the Customs authorities that no irregularity was committed in connexion with the transport operation in question.

Any breach of the provisions of this Convention shall render the offender liable, in the country where the offence was committed, to the penalties prescribed by the law of that country.

When it is not possible to establish in which territory an irregularity was committed, it shall be deemed to have been committed in the territory of the Contracting Party where it is detected.

• Each of the Contracting Parties shall have the right to exclude temporarily or per­manently from the operation of this Convention any person guilty of a serious offence against the Customs laws or regulations applicable to the international transport of goods.
• This exclusion shall be notified immediately to the Customs authorities of the Con­tracting Party on whose territory the person concerned is established or resident, and also to the guaranteeing association(s) in the country where the offence has been committed.

When TIR operations are accepted as being otherwise in order:

• The Contracting Parties shall disregard minor discrepancies in the observance of time-limits or routes prescribed.
• Likewise, discrepancies between the particulars on the goods manifest of the TIR carnet and the actual contents of a road vehicle, combination of vehicles or container shall not be considered as infringements of the Convention by the hol­der of the TIR carnet when evidence is produced to the satisfaction of the com­petent authorities that these discrepancies were not due to mistakes committed knowingly or through negligence at the time when the goods were loaded or dis­patched or when the manifest was made out.

The Customs administrations of the countries of departure and of destination shall not consider the holder of the TIR carnet responsible for the discrepancies which may be discovered in those countries, when the discrepancies in fact relate to the Customs procedures which preceded or followed a TIR operation and in which the holder was not involved.

When it is established to the satisfaction of the Customs authorities that goods spe­cified on the manifest of a TIR carnet have been destroyed or have been irrecoverably lost by accident or force majeure or that they are short by reason of their nature, pay­ment of the duties and taxes normally due shall be waived.

On receipt from a Contracting Party of a request giving the relevant reasons, the competent authorities of the Contracting Parties concerned in a TIR operation shall fur­nish that Contracting Party with all the available information needed for implementa­tion of the provisions of articles 39, 40 and 41 above.

The Explanatory Notes set out in annex 6 and annex 7, Part III, interpret certain provisions of this Convention and its annexes.  They also describe certain recommen­ded practices.

Each Contracting Party shall provide the guaranteeing associations concerned with facilities for:

• the transfer of the currency necessary for the sums claimed by the authorities of Contracting Parties by virtue of the provisions of article 8 of this Convention; and
• the transfer of currency for payment for TIR carnet forms sent to the guaran­teeing associations by the corresponding foreign associations or by the interna­tional organizations.

Each Contracting Party shall cause to be published the list of the Customs offices of departure, Customs offices en route and Customs offices of destination approved by it for accomplishing TIR operations.  The Contracting Parties of adjacent territories shall consult each other to agree upon corresponding frontier offices and upon their opening hours.

• No charge shall be made for Customs attendance in connexion with the Customs operations mentioned in this Convention, save where it is provided on days or at times or places other than those normally appointed for such operations.
• Contracting Parties shall arrange to the fullest extent possible for Customs opera­tions concerning perishable goods at Customs offices to be facilitated.

• The provisions of this Convention shall preclude neither the application of restric­tions and controls imposed under national regulations on grounds of public mora­lity, public security, hygiene or public health, or for veterinary or phytopathological reasons, nor the levy of dues chargeable by virtue of such regulations.
• The provisions of this Convention shall not preclude the application of other provi­sions either national or international governing transport.

Nothing in this Convention shall prevent Contracting Parties which form a Customs or economic union from enacting special provisions in respect of transport operations commencing or terminating in, or passing through, their territories, provided that such provisions do not attenuate the facilities provided for by this Convention.

This Convention shall not prevent the application of greater facilities which Contrac­ting Parties grant or may wish to grant either by unilateral provisions or by virtue of bilateral or multilateral agreements provided that such facilities do not impede the application of the provisions of this Convention, and in particular, TIR operations.

The Contracting Parties shall communicate to one another, on request, information necessary for implementing the provisions of this Convention, and particularly informa­tion relating to the approval of road vehicles or containers and to the technical charac­teristics of their design.

The annexes to this Convention form an integral part of the Convention.

• All States Members of the United Nations or members of any of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice, and any other State invited by the General Ass­embly of the United Nations, may become Contracting Parties to this Convention:
  • by signing it without reservation of ratification, acceptance or approval,
  • by depositing an instrument of ratification, acceptance or approval after signing it subject to ratification, acceptance or approval, or
  • by depositing an instrument of accession.
• This Convention shall be open from 1 January 1976 until 31 December 1976 inclu­sive for signature at the Office of the United Nations at Geneva by the States refer­red to in paragraph 1 of this article.  Thereafter it shall be open for their acces­sion.
• Customs or economic unions may, together with all their member States or at any time after all their member States have become Contracting Parties to this Con­vention, also become Contracting Parties to this Convention in accordance with the provisions of paragraphs 1 and 2 of this article.  However, these unions shall not have the right to vote.
• The instruments of ratification, acceptance, approval or accession shall be deposi­ted with the Secretary-General of the United Nations.

• This Convention shall enter into force six months after the date on which five Sta­tes referred to in article 52, paragraph 1, have signed it without reservation of rati­fication, acceptance or approval or have deposited their instruments of ratification, acceptance, approval or accession.
• After five States referred to in article 5, paragraph 1, have signed it without reser­vation of ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force for further Contracting Parties six months after the date of the deposit of their instruments of ratification, acceptance, approval or accession.
• Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention shall be deemed to apply to this Convention as amended.
• Any such instrument deposited after an amendment has been accepted but before it has entered into force shall be deemed to apply to this Convention as amended on the date when the amendment enters into force.

• Any Contracting Party may denounce this Convention by so notifying the Secre­tary-General of the United Nations.
• Denunciation shall take effect fifteen months after the date of receipt by the Sec­retary-General of the notification of denunciation.
• The validity of TIR carnets accepted by the Customs office of departure before the date when the denunciation takes effect shall not be affected thereby and the guarantee of the guaranteeing association shall hold good in accordance with the provisions of this Convention.

If, after the entry into force of this Convention, the number of States which are Con­tracting Parties is for any period of twelve consecutive months reduced to less than five, the Convention shall cease to have effect from the end of the twelve-month period.

• Upon its entry into force, this Convention shall terminate and replace, in relations between the Contracting Parties to this Convention, the TIR Convention, 1959.
• Certificates of approval issued in respect of road vehicles and containers under the conditions of the TIR Convention, 1959, shall be accepted during the period of their validity or any extension thereof for the transport of goods under Customs seal by Contracting Parties to this Convention, provided that such vehicles and con­tainers continue to fulfil the conditions under which they were originally approved.

• Any dispute between two or more Contracting Parties concerning the interpreta­tion or application of this Convention shall, so far as possible, be settled by negoti­ation between them or other means of settlement.
• Any dispute between two or more Contracting Parties concerning the interpreta­tion or application of this Convention which cannot be settled by the means indica­ted in paragraph 1 of this article shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these arbitrators shall appoint another arbitrator, who shall be chairman.  If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the chairman, any of the parties may request the Secretary-General of the United Nations to appoint an arbitrator or the chairman of the arbitration tribunal.
• The decision of the arbitration tribunal established under the provisions of para­graph 2 shall be binding on the parties to the dispute.
• The arbitration tribunal shall determine its own rules of procedure.
• Decisions of the arbitration tribunal shall be taken by majority vote.
• Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the par­ties for judgment to the arbitration tribunal which made the award.

• Any State may, at the time of signing, ratifying or acceding to this Convention, dec­lare that it does not consider itself bound by article 57, paragraphs 2 to 6, of this Convention.  Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has entered such a reservation.
• Any Contracting Party having entered a reservation as provided for in paragraph 1 of this article may at any time withdraw such reservation bу notifying the Secre­tary-General of the United Nations.
• Apart from the reservations provided for in paragraph 1 of this article, no reser­vation to this Convention shall he permitted.

• This Convention, including its annexes, may he amended upon the proposal of a Contracting Party hy the procedure specified in this article.
• Any proposed amendment to this Convention shall he considered in an Adminis­trative Committee composed of all the Contracting Parties in accordance with the rules of procedure set out in annex 8.  Any such amendment considered or prepa­red during the meeting of the Administrative Committee and adopted by it by a two-thirds majority of the members present and voting shall be communicated by the Secretary-General of the United Nations to the Contracting Parties for their acceptance.
• Except as provided for under article 60, any proposed amendment communicated in accordance with the preceding paragraph shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months, following the date of communication of the proposed amendment during which period no objection to the proposed amendment has been communicated to the Secretary-General of the United Nations by a State which is a Contracting Party.
• If an objection to the proposed amendment has been communicated in accordance with paragraph 3 of this article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.

• Any proposed amendment to annexes 1, 2, 3, 4, 5, 6 and 7 considered in accor­dance with paragraphs 1 and 2 of article 59 shall come into force on a date to be determined by the Administrative Committee at the time of its adoption, unless by a prior date determined by the Administrative Committee at the same time, one- fifth or five of the States which are Contracting Parties, whichever number is less, notify the Secretary-General of the United Nations of their objection to the amend­ment.  Determination by the Administrative Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting.
• On entry into force, any amendment adopted in accordance with the procedures set out in paragraph 1 above shall for all Contracting Parties replace and supersede any previous provisions to which the amendment refers.

The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in article 52, paragraph 1, of this Convention of any request, communication or objection under articles 59 and 60 above and of the date on which any amendment enters into force.

• Any State which is a Contracting Party may, by notification to the Secretary-Gene­ral of the United Nations, request that a conference be convened for the purpose of reviewing this Convention.
• A review conference to which all Contracting Parties and all States referred to in article 52, paragraph 1, shall be invited, shall be convened by the Secretary-General of the United Nations if, within a period of six months following the date of notification by the Secretary-General, not less than one-fourth of the States which are Contracting Parties notify him of their concurrence with the request.
• A review conference to which all Contracting Parties and all States referred to in article 52, paragraph 1, shall be invited shall also be convened by the Secretary-General of the United Nations upon notification of a request by the Administrative Committee.  The Administrative Committee shall make a request if agreed to by a majority of those present and voting in the Committee.
• If a conference is convened in pursuance of paragraphs 1 or 3 of this article, the Secretary-General of the United Nations shall so advise all the Contracting Parties and invite them to submit, within a period of three months, the proposals which they wish the conference to consider.  The Secretary-General of the United Nations shall circulate to all Contracting Parties the provisional agenda for the conference, together with the texts of such proposals, at least three months before the date on which the conference is to meet.

In addition to the notifications and communications provided for in articles 61 and 62, the Secretary-General of the United Nations shall notify all the States referred to in article 52 of the following:

• signatures, ratifications, acceptances, approvals and accessions under article 52;
• the dates of entry into force of this Convention in accordance with article 53;
• denunciations under article 54;
• the termination of this Convention under article 55;
• reservations under article 58.

After 31 December 1976, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the Contracting Parties and to the States referred to in article 52, paragraph 1, which are not Contracting Parties.