NCE "Atameken" decided to resort to the law and to address to the court of the Eurasian Economic Union to protect the rights of Kazakhstani transportation carriers

Kazakhstan insists on the return of the TIR Convention (TIR), which Russia blocks. Representatives of the Federal Customs Service of Russia hinder Kazakhstani transportation carriers, refusing to recognize their rights, which are declared by the Customs Convention on International Transport of Goods under Cover of TIR Carnets (TIR Convention, 1975).

Our information

Customs Convention on International Transport of Goods under Cover of TIR Carnets (TIR Convention, 1975) was developed under the auspices of the United Nations Economic Commission for Europe (UNECE).

It originates from the previous two UNECE conventions: one - on trucks, and the second - on the road transport of goods, which came into force on June 16, 1949. These two agreements were temporary in nature and cover only a small number of European countries.

It was necessary to find a way to ensure the integrity of the goods in transit, as well as to find a holistic mechanism for the operation of the transit system to ensure payment of customs duties and taxes in the form of a deposit, guarantee or collateral, so that the customs formalities were applied for imported goods at the place of final destination and not on boundaries.

The solution was found in the form of the use of the TIR Carnet and in properly sealed approved vehicles or containers.

The preliminary agreement in 1949 was so successful that, following the recommendations of the IRU, 17 countries have signed the TIR Convention. The Convention has determined that goods carried under Customs seal in a vehicle of an approved type should not be subject to an inspection on the road. The payment of the relevant duties and taxes was postponed until the arrival of the goods to their destination. At present, the TIR Convention was ratified by 68 Contracting Parties worldwide.

In 1975, the TIR Convention has been revised to reflect new modes of transport with sea containers and then the containers for internal transport and swap bodies, to facilitate combined rail - road transport.

Since the entry into force in 1978, the TIR Convention, 1975 has been updated 20 times. The most recent amendment came into force on 12 August 2006 with the addition of Annex 10 on the electronic control system for TIR Carnets (better known as SafeTIR).

On July 4, 2013 the Federal Customs Service of Russia resolved to suspend the action of TIR Convention on the territory of the Russian Federation. In the future, this issue has been repeatedly discussed at meetings of the Council of the Eurasian Economic Commission, as set Kazakhstani transportation carriers in a dependent position.

On August 14, 2013 at the meeting of the Council of EEC, which was held in Suzdal, Chairman of the Federal Customs Service (FCS) Yuri Belianinov confirmed that this decision will not apply to the Kazakhstani transportation carriers.

On January 31, 2014 in Moscow at the meeting of the Council, the parties agreed to lift the restrictions on the transit of goods to the Republic of Kazakhstan, which is carried out by Kazakhstani transportation carriers. On February 6 this year, the Federal Customs Service decided to admit Kazakhstani vehicles under the terms of the TIR Convention exclusively through the customs checkpoints located in the region of Bryansk.

April 15, 2014 the Kazakh side raised the issue again at a meeting of the Supreme Council of the heads of government. As a result of this meeting of the FCS further allow the transit of goods to the Republic under the terms of the TIR procedure through Voronezh customs post.

(Note that only part of the goods in transit to Kazakhstan passes these areas (Bryansk, Voronezh), accounting for 10% of the total share of traffic.)

However, as of July 2014, the decree on the transit of goods by Kazakhstani transportation carriers in our country is not performed by Bryansk and Voronezh customs.

On August 14, 2014 was held a meeting between the Deputy Prime Minister of Kazakhstan Bakytzhan Sagintayev and Deputy Prime Minister Igor Shuvalov. As a result of an agreement, the Russian side allowed free transit with TIR to transport companies registered in the Republic of Kazakhstan under the condition of submission of the transit declaration.

And by the order of the chairman of the FCS on August 15, 2014 # 710 transit through the territory of the Russian Federation of a certain category of goods destined for domestic consumption in Kazakhstan was allowed.

However, despite the agreements, Kazakh carriers continue to pay an additional amount of the fee for transit through the territory of Russia.

On February 25 of this year, Russian President Vladimir Putin instructed the Russian Government to ensure the continuous operation of the TIR Convention on the territory of Russia. But so far his order is not executed.

With the support of the National Chamber of Entrepreneurs of Kazakhstan "Atameken", the question of the TIR Convention was included in the agenda of the Eurasian intergovernmental council. And so, on May 29 in the city Burabai at the initiative of the Kazakh side was signed an order of the Eurasian Intergovernmental Council "On conditions for unimpeded transit using the TIR Convention on the territory of the Eurasian Economic Union”.

According to this document, the Government of the Member States is entrusted to ensure continuous action of the Customs Convention on International Transport of Goods under Cover of TIR Carnets (TIR Convention), 1975, on the territory of the Eurasian Economic Union.

But despite repeated requests of the Kazakh side, the issue is not resolved, and regional customs offices of the Russian Federation demand from Kazakhstan carriers additional financial charges. And payment for transit services includes additional charges for the services of "auxiliary" structures. Carriers pay for the guarantee of the federal state unitary enterprise "ROSTEK" and insurance company "Arsenal" for the organization of security escorts, for provision of customs brokerage services, for a transit declaration, for the services of TSW ... pay, pay, pay ... Customs show incredible ingenuity in the appointment of new charges .

This situation has led to a significant deterioration of operating conditions for the Kazakhstani business. Actions of customs bodies of Russia have led to an increase in the time spent on the transit procedure at checkpoints. The stay of Kazakh vehicles at the border increased up to 3-4 days. Drivers are forced to change the route.

NCE experts believe that the Federal Customs Service of Russia for its actions violate the norms regulated by paragraph 3) of paragraph 2 of Article 217 of the current Customs Code of the Customs Union. It states that during the customs transit, customs authorities do not require the provision of security of customs payments and taxes, if it is stipulated by international treaties (in this case the TIR Convention). In addition, as it was already noted, it does not execute the order of the Eurasian Intergovernmental Council "On conditions for unimpeded transit using the TIR Convention on the territory of the Eurasian Economic Union".

Recently "Union of International Road Carriers KazATO", which brings together more than 300 carriers, informed that the Federal Customs Service of Russia has provided a preliminary list of international automobile check points, which make TIR Carnets without the use of additional controls.

In fact, however, these points don’t accept for registration TIR Carnets. According to preliminary data presented by KazATO in June, the Federal Customs Service of Russia didn’t accept for registration 86 TIR, and in July 11.

The transit of transport from Turkey, Moldova, Italy, Lithuania, Germany and Poland to the Republic of Kazakhstan through the territory of the Russian Federation was limited.

In this regard, the National Chamber of Entrepreneurs of Kazakhstan "Atameken" decided to appeal to the Court of the Eurasian Economic Union on the implementation of the Eurasian Intergovernmental Council "On conditions for unimpeded transit using the TIR Convention on the territory of the Eurasian Economic Union" in order to protect the rights and legitimate interests of Kazakhstani carriers.

Currently, "Atameken" has passed to accelerated of pre-trial. In order to restore the rights of Kazakh carriers, the Department of the legal protection of entrepreneurs NCE RK "Atameken" has sent a letter to the Commissioner of the President of the Russian Federation to protect the rights of entrepreneurs (business ombudsman) Boris Titov.

"It should be noted that in view of the fact that Kazakhstan has no common borders with Europe, in the framework of the EAEU, the application of TIR Carnets in transit is of paramount importance and has a significant impact on Kazakhstan's business", - noted in the letter.

NCE experts ask the Russian Ombudsman to assist in resolving the situation.