Monograph Series on Facilitation of International Road Transport · PDF fileMonograph Series...

Monograph Series on Facilitation

of International Road Transport

in Asia and the Pacific

i

Monograph Series on Facilitation of

International Road Transport

in Asia and the Pacific

New York, 2011

ii

ST/ESCAP/2607

This publication was prepared under the Project on Regional Cooperation for Facilitation of International

Road Transport financed by the Government of China.

The views expressed in this publication are those of the authors and do not necessarily reflect the views

of the United Nations Secretariat. The opinions, figures and estimates set forth in this publication are the

responsibility of the author, and should not necessarily be considered as reflecting the views or carrying

the endorsement of the United Nations.

The designations employed and the presentation of the material in this publication do not imply the

expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the

legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its

frontiers or boundaries.

Mention of firm names and commercial products does not imply the endorsement of the United Nations.

This publication is issued without formal editing.

ACKNOWLEDGEMENT

The present publication was prepared by Mr. Li Yuwei, Chief, Transport Facilitation and Logistics Section,

Transport Division, ESCAP with inputs from Mr. Fedor Kormilitsyn and Mr. Sandeep Raj Jain, Economic

Affairs Officers, Transport Facilitation and Logistics Section, and Mr. Barry Cable, Transport Consultant.

In the preparation of this publication, Ms. Elena Kushnirenko assisted in summarizing the legal

arrangements for international road transport under the frameworks of the Commonwealth of Independent

States (CIS) and the Eurasian Economic Community (EurAsEC), and Mr. Aybek Isaev assisted in

translating a number of relevant bilateral agreements on international road transport between the Central

Asian countries. Ms. Jeerawan Buranavalahok assisted in typing, formatting and finalizing the

publication.

iii

CONTENTS

Page

I. BACKGROUND ............................................................................................................. 1

II. DEFINITIONS ON INTERNATIONAL ROAD TRANSPORT AND KEY ELEMENTS

FOR SMOOTH AND EFFICIENT MOVEMENT ............................................................. 3

III. LEGAL INSTRUMENTS RELATED TO FACILITATION OF INTERNATIONAL

ROAD TRANSPORT ..................................................................................................... 7

A. International Conventions .............................................................................. 7

1. Implementation of ESCAP Resolution 48/11 ........................................... 7

2. Major International Legal Instruments relating to Facilitation of

International Road Transport ................................................................... 8

3. Summary and Analysis ............................................................................ 8

B. Subregional Agreements ................................................................................ 9

1. Overview of Subregional Agreements ..................................................... 10


C. Bilateral Agreements ....................................................................................... 15

1. Main Features of Bilateral Agreements ................................................... 16


IV. KEY ISSUES IN INTERNATIONAL ROAD TRANSPORT ............................................ 21

A. International Road Transport Permit ............................................................. 21

1. Arrangements in the Region .................................................................... 21

2. Agreements in Other Regions with Involvement of Some Regional

Member Countries ................................................................................... 23


B. Visas for Professional Drivers and Crew ...................................................... 25

1. Initiatives at the Global Level and in Other Regions ............................... 25

2. Subregional Arrangements in the Region ................................................ 28


C. Temporary Importation of Vehicles ................................................................ 30

1. International Conventions ........................................................................ 30

2. Subregional Arrangements ...................................................................... 31

3. Bilateral Arrangements ............................................................................ 31


iv

D. Insurance of Vehicles ..................................................................................... 32

1. International Green Card System ............................................................ 32



E. Vehicle Weights and Dimensions ................................................................... 34




F. Mutual Recognition of Vehicle Registration and Inspection Certificates .. 39




V. IMPORTANT APPROACHES FOR FACILITATION ...................................................... 43

A. Application of New Technologies for Transport Facilitation ....................... 43

B. Professional Training of Managers and Drivers for International Road

Transport .......................................................................................................... 44

C. National Coordination for Transport Facilitation .......................................... 45

D. Joint Controls at Border Crossings ............................................................... 46

E. Economic Development at Border Crossings .............................................. 48

F. Facilitation Tools ............................................................................................. 49

VI. CONCLUSIONS AND RECOMMENDATIONS ............................................................. 51

A. Strategies for Fundamental Elements for International Road Transport ... 52

1. Road Transport Permits and Traffic Rights ............................................. 52

2. Visas for Professional Drivers and Crew of Road Vehicles ..................... 52

3. Temporary Importation of Road Vehicles ................................................ 53

4. Insurance of Vehicles .............................................................................. 53

5. Vehicle Weights and Dimensions ............................................................ 54

6. Vehicle Registration and Inspection Certificates ..................................... 55

B. Strategies for Key Modalities for Facilitation of International Road

Transport .......................................................................................................... 55

1. Building an Effective Legal Regime ......................................................... 55

2. Wider Applications of New Technologies ................................................. 57

3. Development of Professional Training for International Road Transport . 57

CONTENTS (continued)

Page

v

4. Establishment/strengthening of National Facilitation Coordination

Mechanisms ............................................................................................ 58

5. Promotion of Joint Control at Border Crossings ...................................... 58

6. Promotion of Economic Zones at Border Crossings, Dry Ports and

Logistics Centres ..................................................................................... 58

7. Further Application of Facilitation Tools ................................................... 58

ANNEXES

I. Definitions relating to international road transport used in multilateral treaties ............. 59

II. Status of accession of ESCAP regional members to the international Conventions

listed in Commission resolution 48/11, as of 15 August 2011 ........................................ 63

III. Brief introduction to conventions related to road transport facilitation ........................... 65

IV. Main elements and analysis of bilateral agreements on international road transport in

the ESCAP region .......................................................................................................... 77

V. Recommended model bilateral agreement on road transport between ECMT

member countries .......................................................................................................... 85

VI. GMS road transport permit ............................................................................................ 95

VII. Model annual ECMT license .......................................................................................... 97

VIII. BSEC model transit permit ............................................................................................. 99

IX. International vehicle weight certificate ........................................................................... 101

LIST OF TABLES

1. Permissible gross vehicle weight in ASEAN subregion ................................................. 35

2. Targeted maximum permissible axle loads in ECO subregion ...................................... 38

3. Targeted maximum dimensions of vehicles in ECO subregion ...................................... 38

LIST OF FIGURES

1. Example of application of ESCAP Time/Cost-Distance Methodology............................ 49

CONTENTS (continued)

Page

vi

LIST OF ABBREVIATIONS

AH Asian Highway

ASEAN Association of Southeast Asian Nations

BOT Build-Operate-Transfer

BSEC Organization of the Black Sea Economic Cooperation

CIS Commonwealth of Independent States

CMR Convention on the Contract for the International Carriage of Goods by Road

CoBx Council of Bureaux

CPD Carnet de Passage en Douane

ECE Economic Commission for Europe

ECMT European Conference of Ministers of Transport

ECO Economic Cooperation Organization

ESCAP Economic and Social Commission for Asia and the Pacific

EurAsEC Eurasian Economic Community

GMS Greater Mekong Subregion

GPS Global positioning system

ICT Information and communication technology

ILO International Labour Organization

IRU International Road Transport Union

ITF International Transport Forum

RFID Radio-frequency identification

SCO Shanghai Cooperation Organization

TAR Trans-Asian Railway

TIR Convention Customs Convention on the International Transport of Goods under Cover of TIR

Carnets

TRACECA Transport Corridor Europe-Caucasus-Asia

TTCC Transit Transport Coordination Council

UNCTAD United Nations Conference on Trade and Development

UNeDocs United Nations electronic documents

WCO World Customs Organization

WTO World Trade Organization

1

I. BACKGROUND

The transport sector has grown rapidly over the past few decades and regional member countries

have benefited immensely from expanding maritime trade that has connected ESCAP countries with

markets around the world, thereby creating jobs and promoting development. At the same time strong

new markets have emerged within the region where large and increasingly wealthy populations are

seeking access to competitively priced products. In the coastal areas where commerce and industry have

developed rapidly, this demand is being satisfied by maritime and intermodal transport connections.

However, the Asian continent is comprised of a huge landmass with distant inland territories and

12 landlocked countries.1 It therefore must be noted that large populations located far from the sea have

not been able to fully participate in the development process due to a number of transport constraints and

the prohibitive costs associated with inland transport.

It is evident that there is a substantial opportunity for increased trade among Asian countries,

particularly among neighbours with distant trading partners by land and land-cum-sea routes. The

facilitation of such trade would further promote the development of inland areas. Recognizing this

potential, a crucial step forward was taken in 2004 when ESCAP member countries adopted the

Intergovernmental Agreement on the Asian Highway (AH) Network as a coordinated plan for the

development of highway routes of international importance which member countries intend to undertake

within the framework of their national programmes.2 As a result of this coordinated and cooperative

approach significant progress has been made in upgrading infrastructure and enhancing connectivity.

To address concerns with respect to the increasing disparities between coastal and inland areas,

as well as the special problems facing landlocked countries, regional member countries have been

promoting policies to further improve connectivity. Much of the network of international roads linking

Asian countries, as defined within the AH, has already been put in place and substantial funds have been

deployed to upgrade routes, expand capacity and meet international standards.

In each of the AH countries heavy concentrations of domestic traffic and commerce is being

carried on these roads. However, the anticipated level of international traffic has not materialized, as

border-crossing delays remain a major constraint to international road transport, adding unnecessary

costs and uncertainty.

Together with international, regional and subregional organizations and financial institutions,

countries have been making efforts to improve the quality and efficiency of international transport and to

address outstanding issues over the past two decades. Progress has been made in overcoming some of

the constraints to road transport through a range of facilitation initiatives, however, many steps have been

taken in relative isolation and therefore the results have been fragmented. On occasion, conflicts

between facilitation agreements have emerged while others agreements have proven difficult to

implement for a range of institutional reasons. As a result, crossing borders by road remains difficult,

hampered by the excessive delays and costs incurred, leading to an inefficient transport process.

The following are common non-physical barriers to international road transport in the ESCAP

region:

■ Inconsistent, complicated and cumbersome border-crossing formalities and procedures;

■ Large numbers of documents;

1 Due to geopolitical changes affecting Central Asia and South Caucasus in the early 1990s, the number of landlocked countriesin the ESCAP region expanded to 12.2 Under the auspices of ESCAP, the Intergovernmental Agreement on the Asian Highway Network was signed in April 2004 inShanghai, China, and entered into force on 4 July 2005.

2

■ Repeated inspections by different authorities;

■ Less than transparent rules and regulations;

■ High and numerous charges for entry or transit;

■ Non-conformity with conventions to which the countries are parties;

■ Less implementation of subregional agreements;

■ Lack of coordination among control authorities and various stakeholders;

■ Slow progress in the introduction of new technologies, including information and

communication technology (ICT);

■ Restrictions on foreign carriers for the use of domestic routes and operations including short

validity of transport permits;

■ Different technical standards including vehicle weights and dimensions;

■ Lack of simplified insurance arrangements for vehicles;

■ Shortage of skilled professional staff involved in international road transport operations;

■ Different traffic regulations including variation in signals;

■ Restrictive visa requirements for driver and crew;

■ Incompatible working hours at borders;

■ Different locations of various control stations;

■ Escort or large cash (bond) deposit for transit of goods; and

■ Restrictive requirements for temporary importation of transport vehicles.

As a result of these factors the facilitation of international road transport remains a long-term task

for the region that can only be addressed through a more balanced and harmonized approach to the

negotiation, adoption and implementation of international conventions as well as bilateral and subregional

agreements.

This publication provides comprehensive information on the overall development of international

road transport in the region, information on the key issues in the facilitation of such transport, and

recommended regional strategies for the removal of barriers impeding the development of international

road transport.

Chapter II outlines the definitions on the terms popularly used in connection with facilitation of

international road transport and the key elements affecting the smooth flow and efficiency of international

road transport. Chapter III introduces major legal instruments related to facilitation and provides analysis

from a regional perspective, including international conventions, subregional agreements and bilateral

agreements. Chapter IV summarizes the regional situation of key issues in international road transport

and analyzes problems and possible solutions, such as traffic rights and permits, visas for drivers and

the temporary importation of vehicles. Chapter V outlines the existing important approaches used

for facilitation and key issues in their implementation. From the information and analysis of the

above-mentioned Chapters, Chapter VI presents a regional strategic framework on facilitation of

international road transport, as the most important conclusion and recommendation from this publication.

3

II. DEFINITIONS ON INTERNATIONAL ROAD

TRANSPORT AND KEY ELEMENTS FOR

SMOOTH AND EFFICIENT MOVEMENT

At present a number of terms are being used in connection with international road transport within

the ESCAP region, such as cross-border transport, transit transport, bilateral transport and inter-state

transport. There are no commonly accepted definitions for these terms. Different definitions appear in

various bilateral and subregional agreements and international conventions. The definitions relating to

international road transport used in some multilateral agreements and conventions are provided in

Annex I.

This publication uses the term international road transport as a generic common term and restricts

cross-border transport to transport in border areas. The term transit transport is used as defined in the

multilateral legal instruments. The terms bilateral transport and inter-state transport are considered as the

same and refer to transport between two countries regardless of whether their territories are contiguous

or not.

The smooth flow and efficiency of international road transport depends on a large number of

factors including the following:

Infrastructure

■ Standards of roads, bridges and tunnels;

■ Road numbering, signs and signals;

■ Border crossing facilities;

■ Terminals, logistics centres or dry ports;

■ Parking facilities; and

■ Services facilities.

Transport operations

■ Access to the market (bilateral, subregional, and transit transport, third-country transport and

cabotage);

• Permits and quotas (bilateral or multilateral);

• Opening of routes and border crossings;

■ Traffic control;

■ Partnership of operators;

■ Foreign branches or offices;

■ Fiscal aspects;

■ Infrastructure user fees;

■ Cross borders fees; and

■ Transport technology/operational parameters.

4

Means of transport

■ General technical standards (e.g. emission, weights and dimensions);

■ Special standards if applicable (e.g. dangerous goods, perishable goods);

■ Customs-related requirements (the construction of load compartment, guarantee for

temporary admission);

■ Technical inspection certificate (mutual recognition);

■ Registration documentation;

■ Plate number and country distinguishing signs;

■ Availability of special equipment;

■ Insurance policy to cover third party liability (Green Card or other cards); and

■ Fees for temporary admission.

Crew/driver

■ Driving licence (mutual recognition, international driving permit);

■ Travel documents (identity documents and visas);

■ Driving and rest hour periods documentation (tachograph);

■ Liability-related documents;

■ Health insurance policy;

■ Competency training;

■ Special training certificates (e.g. dangerous goods, sanitary, phyto-sanitary); and

■ Customs requirements for personal effects.

Goods/cargo

■ Customs transit system (guarantee and documentation);

■ Consignment note (transport contract);

■ Customs duty and other fees payable on the goods/cargo;

■ Transport contract and liabilities;

■ Cargo insurance policy; and

■ Special certificates (sanitary, phyto-sanitary, dangerous goods).

Passenger

■ Travel documents (identity documents and visas);

■ Sanitary requirements;

■ Transport contract and liabilities;

■ Health insurance policy and

■ Customs requirements for personal effects.

5

Traffic rules

■ Left or right hand driving;

■ Traffic rules and regulations; and

■ Speed limits.

As it can be seen from this list, infrastructure, though vital, is only one of the elements contributing

to the smooth and efficient flow of international transport, and that other elements relating to operation,

organization and institution, which are regularly defined as tasks of facilitation, are equally significant.

The latter are largely defined in bilateral/subregional agreements and international conventions as well as

in national laws. International conventions focus on the simplification and harmonization of a number of

these elements through the establishment of common documents or norms, while the bilateral and

subregional agreements address traffic rights and other facilitation issues.

7

III. LEGAL INSTRUMENTS RELATED TO

FACILITATION OF INTERNATIONAL ROAD

TRANSPORT

A. International Conventions

1. Implementation of ESCAP Resolution 48/11

In recognition of the crucial role that international facilitation conventions play in enhancing

international land transport, the Commission adopted resolution 48/11 of 23 April 1992 on Road and Rail

Transport Modes in relation to Facilitation Measures. At that time there were roughly 50 transport related

international legal instruments aimed at facilitating the movement of goods, people and vehicles across

borders, most of which were initiated by the United Nations Economic Commission for Europe (ECE),

a sister organization of ESCAP in Europe. Resolution 48/11 recommends that countries in the region, if

they have not already done so, consider the possibility of acceding to the following seven core

international Conventions relating to transport facilitation:

■ Convention on Road Traffic (Vienna, 8 November 1968);

■ Convention on Road Signs and Signals (Vienna, 8 November 1968);

■ Customs Convention on the International Transport of Goods under Cover of TIR Carnets

(TIR Convention) (Geneva, 14 November 1975);

■ Customs Convention on the Temporary Importation of Commercial Road Vehicles (Geneva,

18 May 1956);

■ Customs Convention on Containers (Geneva, 2 December 1972);

■ International Convention on the Harmonization of Frontier Controls of Goods (Geneva,

21 October 1982); and

■ Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva,

19 May 1956).

The immediate aim of the resolution was to provide countries in the ESCAP region with a common

and harmonized set of standards in the field of international land transport facilitation, through an initial

set of conventions, which member countries could accede to and implement.

Since the adoption of resolution 48/11 the ESCAP secretariat together with ECE and other

relevant organizations/institutions has organized many seminars and workshops to increase awareness of

the conventions and has also provided advisory services to member countries facing difficulties in the

implementation of these conventions. ESCAP has also undertaken studies to review challenges in the

region, and to continuously monitor the progress with regard to the implementation of these conventions.

The Commission at its fifty-sixth session, in 2000, reaffirmed the importance of facilitation

measures and stressed the fact that member countries need assistance in acceding to international legal

instruments. The Commission also emphasized that subregional agreements should be consistent with

international conventions in order to avoid complications in the implementation process. Moreover, the

Commission decided to extend the validity of resolution 48/11, and requested the ESCAP secretariat to

conduct a study to evaluate the progress in the implementation of the resolution and to identify major

problem areas as well as to propose remedial measures.3

3 ESCAP Annual Report 1999-2000 (E/2000/39-E/ESCAP/1197), para. 242.

8

The ESCAP Ministerial Conference on Transport held in Busan, Republic of Korea, in November

2006, stressed the importance of harmonizing transport laws and regulations and adopting unified

transport documents for international transport. It also emphasized streamlining border-crossing

formalities and procedures, including visa procedures for professional drivers, in order to reduce delivery

time and transport costs.4

Countries in the ESCAP region have undertaken considerable efforts towards regional integration

by upgrading and interconnecting physical infrastructure: defining the AH and Trans-Asian Railway (TAR)

networks and mobilizing resources to build/improve roads and railways is concrete evidence of positive

developments in the integration process. However, the legal and institutional harmonization, at the level

expected when resolution 48/11 was adopted, has yet to be achieved.

Annex II contains a table showing the status of accession of ESCAP regional members to the

international conventions listed in Commission resolution 48/11, as of 15 August 2011. Nearly twenty

years have passed since the adoption of ESCAP resolution 48/11. So far, all countries in the Caucasus

and Central Asia have acceded to one or more of the conventions recommended in resolution 48/11.

Outside this subregion, only two countries, namely, the Islamic Republic of Iran and Mongolia have

acceded to resolution 48/11 conventions. In quantitative terms, Azerbaijan, Kyrgyzstan and Uzbekistan,

have acceded to all seven conventions. Georgia and Kazakhstan have each acceded to six conventions,

Armenia and Mongolia five conventions and Tajikistan and Turkmenistan four conventions.

2. Major International Legal Instruments relating to Facilitation of International Road

Transport

Countries in the ESCAP region have been profoundly affected by the forces of globalization and

have undergone significant political and economic transformation. Some countries have experienced

major structural changes and have opened their domestic markets to imports to enable key export-

oriented sectors to thrive, while others have transformed their economic systems from centrally-planned

to market-oriented. A number of countries of the ESCAP region have taken steps towards further

liberalizing trade regimes, including the adoption of international legal instruments aimed at trade and

transport facilitation. These include the conventions recommended in resolution 48/11 as well as other

legal instruments developed by the United Nations, the ECE, the World Customs Organization (WCO)

and the World Trade Organization (WTO).5

During recent years countries have been influenced not only by the process of globalization, but

also by the policies and tools promoted by international organizations, which have been active in

developing new legal instruments to help countries better keep up with the new trade and transport

environment.

An overview of the most important legal instruments relating to facilitation of international road

transport is provided in Annex III.

3. Summary and Analysis

In 2006, the ESCAP secretariat undertook a study to examine issues relating to country

participation in international conventions.6 The study found that resolution 48/11 remains valid and

relevant to transport facilitation, and identified several key issues that were inhibiting the implementation

of resolution 48/11, namely:

4 Report of the Ministerial Conference on Transport 2006 (E/ESCAP/63/13), para. 21.5 Only members of the WTO can be parties to the organization’s legal instruments; however the ESCAP secretariat, in an attemptto make known as many aspects of transport facilitation as possible, will also touch on some of the most relevant WTO provisions.6 Review of Progress in the Implementation of UNESCAP Resolution 48/11 of 1992 relating to Accession of Seven UNECEConventions (Draft), 2006.

9

■ Lack of territorial continuity of some of the countries where the conventions are in force;

■ Accession to different versions of the same convention (e.g. Convention on Road Traffic,

1949 or Convention of Road Traffic, 1968); and

■ Non-accession to Protocols (e.g. Protocol to the Convention on the Contract for the

International Carriage of Goods by Road, 1978).

In addition, some countries have perceived concerns with respect to:

■ Cost of adjustment to meet the requirements of the conventions;

■ Difficulties in the implementation;

■ Lack of involvement in elaboration and amendment of the conventions;

■ Cost of participation in ECE meetings; and

■ Inadequate national capacity.

The study recommends that ESCAP member countries still in the process of considering

accession take measures to bring their laws and regulations in conformity with the main principles

enshrined in the international conventions and that consideration may be given to amend resolution 48/11

to address the issues identified in the study.

The study proposes the inclusion of three additional facilitation conventions, namely:

■ The Protocol to the Convention on the Contract for the International Carriage of Goods by

Road, 1978;

■ The International Convention on the Simplification and Harmonization of Customs

Procedures, as Amended (Revised Kyoto Convention), 1999; and

■ The Convention on Temporary Admission (Istanbul Convention), 1990.

Based on the findings from the study, a new strategy is needed to help member countries address

the major issues. This may include:

■ Making a geographical analysis of country participation in international conventions to

formulate an advocacy strategy;

■ Assisting countries with territorial disconnections of conventions in obtaining traffic rights;

■ Assisting countries in making practical arrangements for the implementation;

■ Delivering and applying a financial and economic model to analyse the cost and benefits of

participation in major conventions;

■ Developing guidelines on practical implementation of the conventions;

■ Discussing with ECE more economical ways to facilitate the involvement of ESCAP member

countries in the elaboration and amendment of conventions; and

■ Providing technical and financial assistance for the implementation of international

conventions.

B. Subregional Agreements

Many subregional transport facilitation agreements have been or are being formulated in the

ESCAP region to support economic development, trade and integration. Some of these agreements take

the form of separate legal instruments relating to different aspects of transport facilitation. Others take

a more comprehensive approach and aim to cover all major issues in one agreement with a number of

10

protocols or annexes. Most subregional agreements promote international conventions or standards

through direct application of the conventions while others occasionally apply a modified version of an

international convention.

In 2006 and 2007, the ESCAP secretariat undertook a study to make a comparative analysis of

the subregional agreements relating to transport facilitation that existed in the region. The study was

partially published through a publication entitled “Towards a Harmonized Legal Regime on Transport

Facilitation in the ESCAP Region”. The present section briefly introduces the existing subregional

transport facilitation agreements in the region, highlights key issues and suggests a regional approach to

address the issues.

1. Overview of Subregional Agreements

i. ASEAN7 Agreements on Transport Facilitation

Under the auspices of ASEAN, several agreements relating to transport facilitation have been

formulated, including:

■ Agreement on the Recognition of Domestic Driving Licenses issued by ASEAN Countries,

1985;

■ Customs Code of Conduct, 1995;

■ Agreement on Customs, 1997;

■ Agreement on the Recognition of Commercial Vehicle Inspection Certificates for Goods

Vehicles and Public Service Vehicles issued by ASEAN Member Countries, 1998;

■ Framework Agreement on the Facilitation of Goods in Transit, 1998;

■ Agreement to Establish and Implement the ASEAN Single Window, 2005;

■ Framework Agreement on Multimodal Transport, 2005; and

■ Framework Agreement on Facilitation of Inter-State Transport, 2009.

Among the above ASEAN agreements, the two most comprehensive are the transit agreement

(1998) and inter-state transport agreement (2009). Both are similar in structure and obligations but cover

different transport types as indicated in the titles of the agreements. The agreement on inter-state

transport for the most part uses the regimes and definitions from the agreement on transit.

The Framework Agreement on the Facilitation of Goods in Transit was signed in December 1998,

and entered into force in October 2000. It covers transit transport by road and rail. It is open to ASEAN

member countries and is administered by a Transit Transport Coordinating Board. The objectives of the

agreement are to facilitate the transport of goods in transit, simplify and harmonize regulations and

requirements, and establish an effective, efficient, integrated and harmonized transit transport system.

The agreement has thirty-three articles and nine protocols.8 Protocol 6 on Railways Border and

Interchange Stations and Protocol 7 on Customs Transit System have not yet been completed.

7 Association of Southeast Asian Nations (ASEAN) with member countries of Brunei Darussalam, Cambodia, Indonesia, LaoPeople’s Democratic Republic, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam.8 The nine protocols are: 1. Designation of Transit Transport Routes and Facilities; 2. Designation of Frontier Posts; 3. Typesand Quantity of Road Vehicles; 4. Technical Requirements of Vehicles; 5. ASEAN Scheme of Compulsory Motor VehicleThird-Party Liability Insurance; 6. Railways Border and Interchange Stations; 7. Customs Transit System; 8. Sanitary and Phyto-sanitary Measures; 9. Dangerous Goods.

11

ii. Agreements of the Commonwealth of Independent States (CIS)9 and the Eurasian

Economic Community (EurAsEC)10 related to Transport Facilitation

The CIS and EurAsEC countries use stand-alone agreements to regulate different issues in

international road transport. Since 1992, many agreements have been signed. Most agreements have

been ratified by the countries and are in force, although it has been reported that many of the agreements

are either not being implemented or not seeing full participation by the countries.

Some CIS and EurAsEC agreements attempt to establish a common transport area (union) or an

overall common set of standards and procedures, which are provided in the following agreements:

■ CIS Agreement on Principles of Formation of Common Transport Area and Cooperation of

the CIS Member States in the Field of Transport Policy, 1997;

■ EurAsEC Agreement on Establishment of Transport Union, 1998;

■ EurAsEC Agreement on International Road Transport between the Member States of the

Transport Union, 1998; and

■ EurAsEC Agreement on Concerted Implementation Policy of Formation and Development of

the Eurasian Economic Community Transport Corridors, 2005.

The CIS members also establish common standards or procedures for specific issues or areas in

relation to international road transport, such as:

■ CIS Agreement on Transit Procedures, 1992;

■ CIS Agreement on Inter-State Transport of Dangerous and Waste Goods, 1993;

■ CIS Convention on International Road Transport of Passengers and Luggage within the CIS,

1997;

■ CIS Agreement on the Implementation of the Coordinated Policy in the Field of Evaluation of

Transport Tariff, 1997;

■ CIS Convention on the Reciprocal Recognition and Enforcement of Judgments in the Cases

of Offences of Traffic Rules, 1997;

■ CIS Agreement on Transit through the Territories of the CIS Countries, 1999;

■ CIS Agreement on Compulsory Insurance of the Passengers in International Road Transport,

1999;

■ CIS Protocol on the Customs Procedure of CIS Member States in the Transportation of

Special Cargo and Military Products, 1999;

■ CIS Agreement on Weights and Dimensions of Vehicles Undertaking International Transport

on the CIS Roads, 1999;

■ CIS Agreement on the Cooperation of CIS Member States in the Field of International Road

Transport of Goods, 2003;

■ CIS Agreement on the Introduction of an International Certificate of Weighing Commercial

Vehicles on the Territories of CIS Member States, 2004; and

■ CIS Agreement on Harmonization of Requirements for Additional Training and Professional

Competence of International Automobile Carriers of CIS Member States, 2006.

9 The CIS member-States are: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Republic of Moldova, the RussianFederation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.10 The EurAsEC member-States are: Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan and Uzbekistan.

12

In addition, some agreements on Customs and visas, in particular EurAsEC agreements, have

been signed to support integration of their member countries, including:

■ EurAsEC Protocol on Customs Escort between the Customs Union Member States, 1998;

■ EurAsEC Protocol on Customs Clearance of Goods Transported under Customs Control

between the Customs Union Member States, 1998;

■ EurAsEC Agreement on Unified Conditions for Transit through the Territories of the Customs

Union Member States, 1998;

■ EurAsEC Protocol on Unified Procedures of Applying Technical, Medical, Pharmaceutical,

Sanitary, Veterinarian, Phyto-Sanitary and Ecological Standards, Norms, Regulations and

Requirements in respect of Goods Imported into the Member States of the Customs Union,

1999;

■ CIS Agreement on Customs Procedures and Control of Goods Transported between the

Member Countries of the Agreement on Establishment of Free Trade Zone, 1999;

■ EurAsEC Protocol on Additions to the Agreement on Unified Conditions for Transit through

the Territories of the Customs Union Member States, 1999;

■ EurAsEC Agreement on Simplified Customs Procedures for Goods Transported between the

Customs Union Member States, 1999;

■ EurAsEC Protocol on Customs Control of Goods and Transport Vehicles between the

Customs Union Member States, 2000;

■ EurAsEC Agreement on Mutual Visa-Free Travels, 2000;

■ EurAsEC Protocol on Common Approach in Application of Information Technology under

Customs Control over Transit Goods and Transport Means across the Frontiers of the

Member States of the Eurasian Economic Community, 2001; and

■ EurAsEC Protocol on Organization of Information Exchange on Movement of Goods and

Transport Means among Customs Authorities of the Member States of the Eurasian

Economic Community, 2001.

More recently, after the establishment of the Customs Union of Belarus, Kazakhstan and the

Russian Federation within EurAsEC framework in 2007, a number of international agreements in relation

to the Customs Union’s policies towards international road transport were signed by those three

countries, including:

■ Treaty on the Customs Code of the Customs Union, 2010;

■ Agreement on the Customs Valuation of Goods crossing the Customs Union Border, 2008;

■ Agreement on the Specifics of Use of International Carriage Transport Vehicles, transporting

Passengers as well as Trucks, Semitrailers, Containers and Railway Rolling Stocks

transferring Cargo and/or Luggage for Internal Carriage within the Customs Territory of the

Customs Union, 2010; and

■ Agreement on Provision and Exchange of Preliminary Information on Goods and Transport

Vehicles crossing the Customs Border of the Customs Union, 2010.

13

iii. ECO11 Transit Transport Framework Agreement, 199812

The agreement covers transit transport by road, rail, inland waterway, multimodal and access by

port. It was signed in May 1998 by Afghanistan, Azerbaijan, Islamic Republic of Iran, Kazakhstan,

Kyrgyzstan, Pakistan, Tajikistan, Turkey and Turkmenistan, and entered into force in May 2006 with

ratification by six signatories. The agreement is open to the ECO member countries.

The objectives of the agreement are to facilitate transit transport and provide necessary facilities,

ensure safety and avoid unnecessary delay, avoid fraud/tax evasion and harmonize administrative affairs.

The agreement is composed of forty articles in twelve parts and eight annexes.13 Its implementation is

monitored and coordinated by the Transit Transport Coordination Council (TTCC) established by the

agreement. TTCC has held several meetings to prepare for the implementation of the agreement.

iv. GMS14 Agreement for Facilitation of Cross-border Transport of Goods and People, 1999

The GMS Agreement for Facilitation of Cross-border Transport of Goods and People (GMS

Cross-border Transport Agreement) was formulated with the support of the Asian Development Bank. It

was originally a trilateral agreement among the Lao People’s Democratic Republic, Thailand and

Viet Nam and signed by the three countries in November 1999. With the accession of other GMS

countries, the agreement became a subregional agreement. The main agreement entered into force in

December 2003.

The objectives of the agreement are to facilitate cross-border transport of goods and people,

simplify and harmonize legislation, regulations, procedures and requirements, and promote multimodal

transport. It covers road transport and road-related multimodal transport. There are forty-four articles,

seventeen annexes and three protocols in the agreement.15 The negotiation of the annexes and protocols

that were completed in 2007 are partly in force. The functioning of the agreement is monitored and

assessed by a Joint Committee of the Contracting Parties.

v. Agreement between the Governments of the Shanghai Cooperation Organization (SCO)16

Member States on Facilitation of International Road Transport

ESCAP initiated the formulation of the agreement in 2004. With the support of the SCO

secretariat, ESCAP and the Asian Development Bank (ADB), the SCO member states reached

consensus on the main agreement at Cholpon-Ata, Kyrgyzstan, in June 2008. Afterwards, ESCAP and

the SCO secretariat have been supporting the negotiation of the annexes to the agreement.

11 ECO – Economic Cooperation Organization. Its member countries include Afghanistan, Azerbaijan, Islamic Republic of Iran,Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan and Uzbekistan.12 The Agreement has been signed by Afghanistan, Azerbaijan, Islamic Republic of Iran, Kazakhstan, Kyrgyzstan, Pakistan,Tajikistan, Turkey and Turkmenistan, and ratified by Afghanistan, Azerbaijan, Islamic Republic of Iran, Kazakhstan, Kyrgyzstan,Pakistan, Tajikistan and Turkey.13 Annexes: 1. Maps and prescribed road, railway and inland waterway transit routes across territories of the contracting parties;2. Minimum technical characteristics of roads to be used by transit traffic; 3. Minimum technical characteristics of railway transportto be used by transit traffic; 4. Technical requirements of road vehicles; 5. Motor vehicle third-party insurance; 6. Rules of carriageby road transport; 7. Customs control; 8. Terms of reference of Transit Transport Coordination Council (TTCC).14 Greater Mekong Subregion (GMS) includes Cambodia, China, Lao People’s Democratic Republic, Myanmar, Thailand andViet Nam.15 Annexes: 1. Carriage of Dangerous Goods; 2. Registration of Vehicles in International Traffic; 3. Carriage of PerishableGoods; 4. Facilitation of Frontier Crossing Formalities; 5. Cross-Border Movement of People; 6. Transit and Inland ClearanceCustoms Regime; 7. Road Regulation and Signage; 8. Temporary Importation of Motor Vehicles; 9. Criteria for Licensing ofTransport Operators for Cross-Border Transport Operations; 10. Conditions of Transport; 11. Road and Bridge Design andConstruction Standards and Specifications; 12. Border Crossing and Transit Facilities and Services; 13a. Multimodal CarrierLiability Regime; 13b. Criteria for Licensing of Multimodal Transport Operators for Cross-Border Transport Operations;14. Container Customs Regime; 15. Commodity Classification System; 16. Criteria for Driving Licenses.

Protocols: 1. Designation of Corridors, Routes, and Points of Entry and Exit (Border Crossings); 2. Charges Concerning TransitTraffic; 3. Frequency and Capacity of Services (Quotas) and Issuance of Permits.16 Member countries of the SCO are China, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan and Uzbekistan.

14

The agreement has twenty-seven articles and three annexes.17 It will be open for other countries

to accede to after entry into force.

According to the currently agreed texts of the main agreement and draft annexes, the agreement

focuses initially on basic arrangements for transport while facilitation measures will be discussed and

adopted through a joint committee to be established under the agreement.

vi. Basic Multilateral Agreement on International Transport for the Development of the

Europe-Caucasus-Asia Corridor, 1998

The agreement was signed under the TRACECA18 programme in September 1998 by the

participating countries of the programme. It covers bilateral and transit transport by road, rail, maritime,

air, multimodal and pipelines. It is open to accession by any country. The agreement and its four

annexes have been ratified.

The objectives of the agreement are to (i) develop economic relations, trade and transport,

(ii) facilitate access to international market of transport and international transport, (iii) ensure safety,

security and environment, (iv) harmonize transport policy/legislation and (v) create equal competition of

transport modes. The agreement includes sixteen articles and four technical annexes.19 A new annex on

international Customs transit procedures has been formulated. An Inter-Governmental Commission was

set up to regulate the implementation and application of the agreement in 2000 and has subsequently

been transformed into an intergovernmental organization.


Many subregional agreements relating to transport facilitation have been developed in the past

two decades. The more comprehensive agreements cover not only the transport issues but also the

related border crossing formalities. These agreements can play an important role in opening up

international road traffic, promoting international conventions, harmonizing and simplifying formalities and

procedures, and establishing common standards not covered by international conventions.

For many of the subregional agreements it took years to conclude the negotiations and to

complete the legal process for entry into force. The ASEAN agreement on transit transport was signed in

1998 and its protocols have not been fully finalized till now. The ECO agreement on transit transport was

signed in 1998 and took nine years to enter into force. The GMS agreement on cross-border transport

was signed in 1999 and the formulation of its annexes and protocols was completed in 2007. The

formulation of the SCO agreement on facilitation of road transport has not been concluded after seven

years of negotiation.

For most comprehensive subregional facilitation agreements, focus will be on the implementation

in the next five to ten years. The implementation of such comprehensive agreements involves many

government ministries and authorities. It also requires adjustment in domestic legislations, existing

formalities and procedures, and functions of some agencies and authorities. Such tasks may be more

challenging than the formulation of the agreements and strong political support from member countries

will be needed to implement the agreements.

17 Annexes: 1. Routes and State Border-checkpoints for International Road Transport; 2. Permits for International RoadTransport; 3. Terms of Reference for the Joint Committee on Facilitation of International Road Transport.18 The participating countries of the Transport Corridor Europe-Caucasus-Asia (TRACECA) are Armenia, Azerbaijan, Bulgaria,Georgia, Kazakhstan, Kyrgyzstan, Republic of Moldova, Romania, Tajikistan, Turkey, Ukraine and Uzbekistan.19 Technical Annexes on International Road Transport, International Railway Transport, International Commercial MaritimeNavigation and Customs and Documentation Procedures.

15

Accession to and effective implementation of international legal instruments, conventions and

agreements, is proven to be the best way of achieving simplification and harmonization of formalities and

procedures for international transport. Subregional facilitation agreements can be a valuable stepping

stone towards harmonization at regional and international levels provided they promote international legal

instruments, or complement international legal instruments with provisions which are not covered by them

and do not contain provisions contradicting the international legal instruments. The ASEAN and ECO

agreements on transit transport adopted major international conventions as subregional norms.

Several of the subregional agreements overlap in geographical scope creating potential legal

conflicts between the agreements. This will cause difficulties in the implementation for the countries

covered by more than one agreement as well as future harmonization between different but contiguous

subregional agreements. To help overcome some of these problems a regional network of national

negotiators/experts, experts of subregional organizations and legal experts of transport operators and

their associations could be established to discuss and work towards the harmonization and coordination

of different legal regimes on transport facilitation. Through the network, member countries and

subregional organizations may:

■ Exchange information;

■ Coordinate with each other;

■ Pinpoint areas of legal conflicts between different subregional agreements and their

implications;

■ Suggest solutions for legal conflicts between different agreements in geographically

overlapped countries;

■ Suggest the ways to connect the countries in different subregions and under different

subregional agreements; and

■ Share experience.

The network may also help promote accession and implementation of international facilitation

conventions, formulation and implementation of subregional facilitation agreements and development and

improvement of bilateral agreements on international road transport.

The network of core professionals and experts on legal issues in road transport facilitation may be

organized through electronic communication, seminars, expert meetings, group studies and individual

studies.

C. Bilateral Agreements

Due to geopolitical the changes which took place in the early 1990’s and the policy of countries in

the ESCAP region to open border trade as a vehicle for economic development, the negotiation and

conclusion of bilateral agreements on road transport has increased substantially. In particular, bilateral

agreements have been of vital importance for the economies of the twelve landlocked member countries

of ESCAP, for which access to the sea and connectivity with neighbouring countries is crucial. As

a result, over the last two decades a large number of bilateral agreements covering international transport

operations have been negotiated with many countries having signed more than ten, and some over

50 bilateral agreements on road transport.

During 2006-2007, the ESCAP secretariat collected and analysed more than thirty bilateral

agreements on international road transport. The study by the ESCAP secretariat found that while some

existing bilateral agreements are clearly structured, others do not follow a logical sequence of issues or

cover different issues in the same article. Furthermore, many of the agreements have not been fully

16

implemented due to difficulties in some specific arrangements or issues beyond transport. The common

features of the bilateral agreements are elaborated in this section with more details provided in Annex IV.

1. Main Features of Bilateral Agreements

i. Traffic rights

Traditionally transit countries have granted transit rights to their neighbouring landlocked

countries. At present many bilateral agreements on road transport have combined inter-state transport

with transit transport. The bilateral agreements vary in their approach in providing traffic rights for

carriage of goods or passengers between one contracting party and a third country. Some agreements

grant such rights with each other, some require special permits while others forbid such rights. Most

agreements do not permit the carriage of goods and passengers within the territory of a contracting party

to carriers registered in the territory of the other contracting party.

ii. Designation of transport routes, border crossings and ports

Most countries require vehicles to travel along designated transport routes and only through

specifically defined border crossings. The designated transport routes generally specify origins and

destinations with key intermediate cities and border crossings. Under such a closely defined system,

many transport routes need to be included in each agreement.

iii. Conditions for transport

Bilateral agreements on transport uniformly require transport vehicles to be registered in the

territories of the contracting parties. Some designate selected carriers while some designate only one

carrier from each contracting party.

The agreements mostly allow the competent authorities to consult and decide routes, stops, time

schedule, fares, frequency and carriers for scheduled passenger transport. Depending upon the

prevailing policy on market access and the economic relationship of the contracting parties, the

agreements adopt a transport permit system either with an equal quota or transport permits without quota

or a more liberalized system without the need for permits.

Agreements in general do not define the detailed criteria for carriers, such as professional

capability, financial capacity and performance records.

iv. Representative office(s) or branch(es) of carrier

Permission granted for the establishment of representative offices of a carrier registered in

another contracting party, as well as to undertake a limited number of business operations, is stipulated

by some agreements. Some agreements are more liberal in allowing carriers registered in the territory of

a contracting party to open branch(es) in the territory of the other contracting party in order to enhance

the operational capacity carriers.

v. Technical requirements of vehicles

Normally technical requirements of vehicles in bilateral agreements consist of vehicle

roadworthiness, registration or inspection books, and weight and dimensions. Most contracting parties

mutually recognize domestic registration/inspection and license plate with distinguishing signs of the

countries and usually apply national standards or regulations on dimensions and weight.

17

vi. Compulsory insurance of vehicles

The majority of the agreements require third-party liability insurance as the minimum coverage of

vehicle to ensure appropriate compensation in case of accidents caused by foreign vehicles.

vii. Driving permits

Most bilateral agreements adopt mutual recognition of valid domestic driving permits or

international driving permits for the type of vehicles in use. Some agreements follow the format of

domestic driving permits in line with international standards such as contained in the Convention on Road

Traffic, 1968. A few agreements require drivers to carry a translation of domestic driving permits certified

by the competent authorities.

viii. Temporary importation duties, taxes and charges

Three types of duties, taxes and charges are relevant to international road transport, i.e., duties/

taxes on possession and use of vehicle, taxes on revenues from transport and taxes or charges on the

use of road.

It is a general practice for countries to exempt the duties and taxes on foreign vehicles that are

temporarily admitted for transport, recognizing that their owners have paid such duties and taxes in their

home countries. Agreements also usually grant the exemption of duties and taxes for fuel in factory

built-in tanks which are an integral part of the engine fuel supply system, fuel in factory built-in tanks of

trailers and semi-trailers as part of their heating and cooling system, lubricant necessary for the journey,

and spare parts and tools for repair of the vehicle. The agreements also require re-export of unused

spare parts and replaced parts or that the driver hand over or destroy the replaced parts in accordance

with the domestic legislation of the contracting party concerned. Some agreements require a guarantee

through a local agent of the carrier, a cash or bond deposit, or a lump sum payment for temporarily

admitted vehicles.

Taxes on revenues from the transport of foreign carriers may depend on the fiscal policies of the

respective countries or on the specific agreements these countries have on the mutual exemption of

taxes on transport revenues. Some agreements exempt such taxes while others impose them.

Taxes and charges for the use of roads vary from country to country. Some countries do not

impose any such tax or road user charge while others collect one or more types, such as road, tunnel and

bridge tolls, fuel taxes, maintenance fees and surcharges for road construction. As more roads and other

infrastructure are built or improved with commercial loans or private investment, governments may not

have the right to exempt road tolls and fuel taxes that are inclusive of fuel prices. The refund of fuel taxes

requires special arrangement, and as a consequence a number of recent agreements insist on payment

of those taxes and charges.

ix. Safety and security

Three issues are relevant to the safety and security of international transport: traffic rules, the

security of goods, passengers, vehicles and crew, and the settlement of claims and arrangements in the

case of accidents. Bilateral agreements require vehicles and drivers to observe local traffic rules. They

grant rights of settlement of claims by the competent authority in the place where the accidents took

place. They, however, require the competent authority to inform their counterpart in the vehicle’s home

country of the accidents and settlement arrangements. All necessary assistance to those injured in

accidents is sometimes mentioned agreements but needs more attention.

While security has not been a major concern for most Asian countries, with an increase in cases

of international terrorism, this issue is being drawn to the attention of the countries.

18

x. Environment

Most Asian countries have not defined emission controls and other environmental criteria within

their bilateral agreements. However, with increasing awareness of environmental and global initiatives on

the reduction of CO2 emissions due to climate change, such provisions will increasingly be considered by

countries in the future.

xi. Visas for professional drivers and crew

Visa issuance relies on bilateral consular arrangements. Drivers from most countries experience

difficulties with regard to obtaining an entry visa to another country or with the length of stay allowed in

another country. Some agreements require drivers to prepare their travel documents and obtain a vis

a prior to entry into another country. However, most agreements are silent on this issue.

xii. Overall Customs controls and other controls

While some bilateral agreements on transport recognize international conventions, agreements

and standards, others that do not will usually provide priority clearances for sick people, livestock,

perishable goods, dangerous goods, and bus passengers in view of the need of expeditious transport.

xiii. Application of domestic legislation

Bilateral agreements follow the general practice of international treaties to indicate the application

of domestic legislation to all matters not provided in the agreements. As such they require carriers,

drivers, vehicles to observe local laws and regulations.

xiv. Infringement

Most bilateral agreements allow the authorities of host countries to take action on infringement in

their territories with notice to the competent authorities of home countries. A few agreements provide

some details of penalties, such as warnings or the suspension of a permit temporarily, partly or totally.

This is a sensitive issue for carriers and drivers and a cause of numerous disputes between

countries. At times such disputes may lead to informal payments. Existing bilateral agreements have not

solved this issue. While finding a solution for this issue through a legal instrument may not be easy,

non-discriminatory and transparent principles would help to improve the situation.

xv. Institutional arrangements

Cooperation and coordination of the contracting parties in the process of the implementation of

bilateral agreements are crucially important, particularly to address unforeseen issues. Some

agreements establish a mechanism in the form of a joint commission or committee to coordinate the

implementation of agreements. Other agreements establish less formal institutional mechanisms through

regular meetings of the competent authorities.

xvi. Relationship with other treaties

Most bilateral agreements on transport indicate that the provision do not affect the rights and

obligations of each contracting party with respect to existing international treaties to which either

contracting party has acceded. Some bilateral agreements confine the rights exclusively between the two

contracting parties with unnecessary extension to other similar agreements.

19


Common features of most bilateral agreements on international road transport include basic

arrangements for transport (such as traffic rights, transport routes, transport permits, road charges and

taxes, driving permits) and depend on other agreements or domestic legislation for Customs and other

controls. They usually rely on the competent authorities to work out the details for the implementation

and consult with each other to solve any problems in the implementation.

Currently, Asian countries primarily rely on bilateral agreements for international road transport,

with many having signed more than ten and some more than fifty bilateral agreements. The formulation,

management and implementation of the numerous agreements present a challenge for governments,

inspectors, carriers and drivers.

Bilateral agreements often define specific routes rather than road networks and carriers are

permitted to deliver goods only to limited number of destinations as designated in agreements, causing

many empty runs and lengthy idle time for vehicles. Due to this restriction the advantages of road

transport, such as door-to-door delivery and flexibility, over other modes of transport is lost.

Reducing the number of bilateral agreements through the application of subregional agreements

may be a medium-term option. Another useful approach to improve the formulation and management of

bilateral agreements is to make and maintain a comparative account of the agreements. This could lead

to the development of a standardized structure or template with model clauses for bilateral agreements

on international road transport that can help to reduce differences between bilateral agreements and to

better align them with international conventions and subregional agreements.

The European Conference of Ministers of Transport (ECMT)20 worked on harmonizing bilateral

agreements on international road transport among its member countries in the 1990s. It recommended

a draft model bilateral agreement on road transport in 1997 to offer its member countries a tool for

harmonization of bilateral agreements (see Annex V). Although the ESCAP regional context differs from

Europe, this draft model bilateral agreement could be adapted to accommodate regional conditions.

All agreements and conventions are formulated and implemented by national negotiators and

experts, and sometimes facilitated or assisted by international experts and international organizations. A

network of regional experts (as suggested above) for the harmonization and coordination of subregional

agreements can also be used to undertake studies and to promote coordination between the bilateral

agreements. Furthermore, through participation in such a network’s activities, the capacity of national

negotiators and experts will be enhanced in such a way as to better manage the existing agreements and

as well as to better formulate future agreements.

20 It is now called the International Transport Forum, with five ESCAP regional member countries, namely, Armenia, Azerbaijan,Georgia, The Russian Federation and Turkey.

21

IV. KEY ISSUES IN INTERNATIONAL ROAD

TRANSPORT

A. International Road Transport Permit

Across the Asian region, where international movement by road is permitted it is largely confined

to border areas and a limited number of roads using transport permits issued for a single trip along

a designated route by a specified individual vehicle. As a result goods carried by road either have to be

transshipped at border areas or, where transport is permitted, at loading points along a designated route

adding cost and delay to the transport process.

1. Arrangements in the Region

Approaches taken in the region to the issuance of international transport permits are described

below.

i. ASEAN

The principle requirement for a transport permit in the ASEAN Framework Agreement on the

Facilitation of Goods in Transit, 1998 is embedded in Article 10:

“The Contracting Parties undertake to harmonize road transport permit requirements in order to

facilitate transit transport.”

Under this Agreement, 60 vehicles per Contracting Party are permitted to undertake transit

transport.

The same approach is used in the ASEAN Framework Agreement on the Facilitation of Inter-State

Transport, 2009 (Article 10) in which the Agreement allows each Contracting Party to issue 500 permits

for vehicles to undertake inter-state transport.

Currently the ASEAN member countries undertake cross-border and transit transport in

accordance with their respective bilateral agreements. Transport between the Lao People’s Democratic

Republic and Thailand and between the Lao People’s Democratic Republic and Viet Nam is liberalized

with transport permits used as a licence system for cross-border or transit transport. Transport between

Cambodia and Thailand and between Myanmar and Thailand is liberal in the border provinces only.

Transport between Cambodia and the Lao People’s Democratic Republic and between Cambodia and

Viet Nam is subject to transport permits with a quota system.

ii. GMS

Under the GMS Cross-border Transport Agreement a road transport permit has been adopted as

shown in Annex VI. The permit can be used by different vehicles owned by the same permit-holding

operator. Permits are valid for multiple-entry within one year of issuance and allow vehicles to stay for

a period of up to sixty days in a foreign country for each entry with possibility of extension.

There is no quota for scheduled passenger transport, which is required to provide only itinerary,

frequency and maximum capacity. Quota for goods and non-scheduled passenger transport is

500 permits for each participating country. The quota is expected to be increased gradually with a view to

abolish the quota in the future.

22

The permit is issued and distributed by the national issuing authority to transport operators registered in

its country.

iii. CIS and EurAsEC

International road transport of goods within CIS is mainly governed by the bilateral agreements

concluded among its member States. The Agreement on Cooperation of the CIS Member States in the

Field of International Road Transport of Goods, 2003, sets the objective of striving to abolish the permit

system for road transport within the CIS member States by concluding new agreements. Under the

Agreement on International Road Transport between the Member States of the Transportation Union,

1998, transport or transit of goods among Belarus, Kazakhstan, Kyrgyzstan and the Russian Federation

does not require a permit and in practice, these countries usually apply their bilateral agreements,

according to which no permits are needed for bilateral/transit transport.

In Central Asia, it is usual that no permit is required for scheduled passenger transport. However,

such transport needs prior arrangements between competent authorities and provision of information

regarding names of carriers, transport routes, timetables, fares and bus stops.

Under the bilateral agreements between Kazakhstan and other Central Asian countries, a permit

is required for inter-state transport of goods and in general a permit is required for non-scheduled

transport of passengers with some exceptional cases. Except the agreement between Kazakhstan and

Uzbekistan (1998), no permit is required for transit transport from or to a third country.

In the bilateral agreements between Kyrgyzstan and other Central Asian countries, no permit is

required for inter-state transport of goods, transit transport from or to a third country and non-scheduled

passenger transport.

The bilateral agreement between Tajikistan and Uzbekistan is under approval process.

For transport of the Russian Federation with Kazakhstan, Kyrgyzstan and Uzbekistan, no permit

is required for inter-state, bilateral or transit transport, but a permit is required for transit transport from/to

a third country.

iv. ECO

The ECO Transit Transport Framework Agreement signed in 1998 recognizes domestic

requirements for road transport permits and encourages their harmonization as provided in Article 15 of

the Agreement:

“1. Where road transport permits are prescribed as a condition for carriage of goods, passengers

and luggage in transit traffic, such permits shall be issued in accordance with domestic legislation.

2. Contracting Parties shall harmonize and facilitate the requirements necessary for the issuance

of road transport permits for carriage of goods, passengers and luggage in transit traffic, without

any limitation and quota.”

v. SCO

The SCO member States are negotiating operational annexes to the Agreement between the

Governments of the Shanghai Cooperation Organization Member States on Facilitation of International

Road Transport.

The agreement may adopt a multilateral transport permit. The permit will be centrally printed and

distributed and issued to transport operators by national issuing authorities. Initially it will be valid for

23

a single trip within one year after issuance. Quotas will be decided annually by a Joint Committee of the

Contracting Parties.

vi. North and Northeast Asia

In North and Northeast Asia three countries, namely, China, Mongolia and the Russian

Federation, have respective bilateral agreements on road transport.

Permits are used for transport between China and the other two countries. The permit is

categorized into three groups: Type A for scheduled passenger transport which can be used for multiple

trips; Types B and C for non-scheduled passenger transport and goods transport respectively, which are

valid for one trip. A permit is also required for transport between Mongolia and the Russian Federation.

2. Agreements in Other Regions with Involvement of Some Regional Member

Countries

i. ECMT

The ECMT Multilateral Quota System21 was first introduced in 1974. Licences equivalent to

permits issued under the scheme allow transport operators to carry goods between ECMT countries. The

number of basic licences grew from 1,219 (19 countries) licences in 1990 to 5,797 (43 countries) in 2011.

The licences have two categories, i.e., “annual” valid for one calendar year and “short-term” valid

for 30 days. The model licence is shown in Annex VII. They are printed by ECMT/ITF secretariat and

distributed to national competent authorities. The national competent authorities issue the licences to the

carriers registered in their territories according to national criteria. The licences are limited to three

international trips outside the country of registration.

The ECMT undertook a reform of the quota system in 2006. Allocation of the quota among

member countries is determined according to average ranking of countries with ten criteria.22 In response

to the environmental requirement, the quota system incorporates promotion of green vehicles through

a bonus scheme.23

ii. Organization of the Black Sea Economic Cooperation (BSEC)24

In 2009, seven BSEC Member States, namely Albania, Armenia, Georgia, Republic of Moldova,

Romania, Serbia and Turkey initiated a Pilot Project on the BSEC Permit as shown in Annex VIII. The

BSEC Permit is printed and distributed by the BSEC Permanent International Secretariat in quantity as

agreed by the member States at the Steering Committee. The first batch of 200 permits to each of the

participating member States was distributed for use from 1 January 2010 until 31 January 2011.

It is the duty of competent authorities of each participating member State to issue the permits to

their national transport operators according to their own criteria. The permit is used for a single round trip.

21 Five ESCAP regional member countries, namely Armenia, Azerbaijan, Georgia, the Russian Federation and Turkey, participatein the system.22 The ten criteria are total freight transport by road (million tonne-kilometre), contribution to ECMT budget, gross domesticproduct, growth in gross domestic product, population, country area, percentage use of ECMT licences, use of TIR carnets in ECMTcountries, trade in goods (billion USD), non intra-EU/EEA/CH trade.23 Traditional vehicle (EURO0): Coefficient-0, Bonus-0% ; Green lorry (EURO1): Coefficient-2, Bonus-10%; Greener and safe lorry(EURO2): Coefficient-4, Bonus-20%; EURO3 safe lorry: Coefficient-6, Bonus-40%; EURO4 safe lorry: Coefficient-8, Bonus-40%.24 BSEC Members include: Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Republic of Moldova, Romania, The RussianFederation, Serbia, Turkey and Ukraine.

24


Within the region the following types of transport permits are issued for international road

transport:

■ Permits with quota or without quota;

■ Bilateral permits or multilateral permits;

■ Permits valid for all routes or one specific route;

■ Permits valid for multiple entries or single entry;

■ Same or different permits for passenger and goods transport; and

■ Permits issued for a single vehicle or exchangeable among vehicles in a carrier’s fleet.

The types of quota systems are elaborated below:

Permits with quota or without quota

Free market access without permit or quota is an ideal arrangement for international road

transport. It has been partly used in the transport among the CIS/EurAsEC countries, between

Lao People’s Democratic Republic and Thailand, and between Lao People’s Democratic Republic and

Viet Nam. Such an arrangement requires a close relationship between countries. The majority of

member countries will continue to use transport permits with quota in the near and medium-term future.

Bilateral permits or multilateral permits

Multilateral permits allow the use of one permit for transit through several countries and transport

on a subregional transport network and simplify the permit systems used among member countries.

Permits valid for all routes or one specific route

Most multilateral agreements allow permit holders to freely use different routes. Some

agreements limit each permit to a particular route. To provide efficiency and in the spirit of the multilateral

agreement, convenience for both authorities and carriers, and future development of international road

transport, authorities may wish to allow carriers with transport permits to undertake transport on all the

routes on a designated road network rather than on a particular route for each permit.

Permits valid for multiple entries or single entry/same or different permits for passenger and

goods transport

Traditional bilateral road transport permits are classified as scheduled passenger transport,

non-scheduled passenger transport and goods transport. Scheduled passenger transport uses either

multiple-entry permits valid for one year or bilaterally agreed operational arrangements without permits.

Non-scheduled passenger transport and goods transport mostly use single-entry permits while in some

agreements it is mentioned that a permit is valid for one round-trip unless otherwise specified in the

permit itself. That means that the competent authorities of the parties to such agreements have

the option to execute flexible policy with regard to permit validity. Some multilateral agreements on

road transport adopt one-year multiple-entry permits for all passenger and goods transport. Where

single-entry permits are adopted in a multilateral agreement, it increases the workload of control

authorities, and thereby largely restricts the future development of transport.

25

Permits issued for a single vehicle or exchangeable among vehicles in a carrier’s fleet

Many bilateral permits relate to the international movement of a specific vehicle. Some

multilateral permits identify a carrier rather than a vehicle for a permit, which allows carriers to coordinate

the use of their vehicles according to the demands of transport and conditions of vehicles.

Based on the above analysis, a regional minimum target for the near and medium-term future

may be to move toward multiple-entry transport permits valid for one year and multiple routes issued to

carriers. In addition, a multilateral transport permit could be promoted for wider applications in parallel

with bilateral transport permits.

B. Visas for Professional Drivers and Crew

Professional road vehicle drivers have to go through complicated and difficult procedures to apply

for visas. In general, they are granted only a single trip visa each time. In some countries, they are

required to travel long distances to apply for visas in person at foreign embassies or consulates in major

cities and wait for a week or weeks to obtain a visa or sometimes, to learn they have been rejected.

Visa issuance for road vehicle drivers is largely subject to overall bilateral agreements on visas.

Unlike seafarers and aircrew, professional road vehicle drivers do not enjoy special global arrangements

for issuance of visas or international transport. There is no visa category for vehicle drivers in nearly all

countries in the region and normally they are considered as visitors or sometime even foreign labour.

Visa difficulties have caused delays in delivery of goods and change of vehicles at border

crossings. In recent years, some countries have tried to address the issue of visas through subregional

arrangements and some international organizations have also made efforts to help facilitate visa issuance

for professional road vehicle drivers.

1. Initiatives at the Global Level and in Other Regions

i. ECE

In 2003, ECE concluded a survey on visa issues for professional drivers. In 2004, nine ECE

member countries (including six ESCAP member countries, namely, Armenia, Azerbaijan, Georgia,

Kazakhstan, Kyrgyzstan and the Russian Federation) transmitted their proposal on issuance of visas for

professional drivers to the ECE Inland Transport Committee. Consequently, this issue is included in

Annex 8 of International Convention on the Harmonization of Frontier Controls of Goods, 1982, as

follows:

“Annex 8, Article 2 – Facilitation of visa procedures for professional drivers

1. The Contracting Parties should endeavour to facilitate the procedures for the granting of visas

for professional drivers engaged in international road transport in accordance with national best

practice for all visa applicants and national immigration rules as well as international

commitments.

2. The Contracting Parties agree to regularly exchange information on best practices with regard

to the facilitation of visa procedures for professional drivers.”

ii. International Labour Organization (ILO)

The ILO published a study on Labour and Social Issues arising from Problems of Cross-Border

Mobility of International Drivers in the Road Transport Sector in 2006. The report identified various

difficulties for professional drivers in obtaining visas. It proposed to adopt an international drivers’

26

identification card similar to that of the Seafarers’ Identity Documents Convention (Revised), 2003, which

entered into force on 9 February 2005.

In October 2006, the ILO organized a Tripartite Meeting on Labour and Social Issues arising from

Problems of Cross-border Mobility of International Drivers in the Road Transport Sector. The Meeting

adopted the following conclusions in relation to visa issue:

“10. While acknowledging the right of governments to take all appropriate measures regarding

the issuance of visas to safeguard national security or to protect against other risks, governments,

employers and workers and their representatives recognize the need to facilitate the process in

a way that would be compatible with the special status of international drivers, as is the case in

certain other transport modes.

11. Options that might be considered for streamlining the provision of visas for international

drivers include:

• measures to optimize existing visa-issuing arrangements;

• consideration of other means by which visa arrangements might be improved (for instance

via the provision of information to consulates by employers and/or their associations);

• the issuance of multiple-entry and/or longer term visas to international drivers at reasonable

cost;

• the promotion of regional and subregional solutions to reflect local circumstances; and

• consideration, where appropriate, of whether or not some form of drivers’ identity card might

be a cost-effective means of facilitating access to visas for international drivers. By way of

an example, the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185) might

provide useful lessons.”

Based on the conclusions of the Meeting, the ILO has initiated several activities since the

beginning of 2007 in close collaboration with the International Road Transport Union (IRU) and the

International Transport Workers’ Federation.

iii. ECMT

ECMT made recommendations on visas for professional drivers in May 1998. ECMT also

adopted a Resolution on Simplification of Procedures of Issuing Visas for Professional Drivers in May

2002, which recommends:

“ECMT Member countries regularly exchange information on practices in the field of facilitating

the issuing of visas for professional drivers for the purpose of ensuring effective and coordinated

procedures in this field, and strive for simplified procedures on the basis of more harmonization of

documentation concerning the obtaining of visas.”

And invites:

“the official Bodies concerned in ECMT member countries to simplify the procedures for obtaining

visas for professional drivers involved in international road transport by means of simplification of

formalities, limitation of the number of supporting documents required, reducing time for obtaining

visas, and also to promote the issuance of multiple visas valid for one year.”

iv. International Road Transport Union (IRU)

In April 1998, the IRU adopted a Resolution on Barriers to International Transport of Passengers

and Goods by Road, which invites international governmental bodies and national governments to:

27

“• Abolish the visa obligation for professional drivers in the possession of a special driver

identification document to be introduced in an appropriate international convention;

In case the requirement for visas cannot be abolished:

• Create multilateral visa systems covering a group of countries; … ;

• Acknowledge the role of national road transport associations in acting as intermediaries to

obtain visas for their members;

• Issue multi-entry visas valid for one year;

• Simplify the procedures and reduce the number and type of supporting documents required;

accept the use of a special driver identification document to be introduced in an appropriate

international convention;

• Reduce the time needed for professional drivers to obtain a visa;

• Reconsider the prices of visas to set them at a reasonable level.”

Subsequently, the IRU adopted a Resolution on the Issuance of Visas to Professional Drivers in

November 2002. The resolution requests to:

“• Generalize the issue of annual multi-entry visas to professional drivers;

• Introduce simplified driver-friendly procedures; and

• Reduce prices for visas issued to professional drivers.”

IRU launched a survey on the issue of visas for professional drivers in 2005. The survey focused

on issuance of Schengen visas for professional drivers in eight non-Schengen countries, including five

ESCAP member countries.

In October 2007, IRU followed up with a document entitled “IRU Position on the Need to Facilitate

the Issuance of Visas to Professional Drivers”. Its key elements were:

■ Special visa treatment for professional drivers;

■ Intermediary role of transport associations;

■ Long-term (minimum one year) multi-entry visas;

■ Simplified visa application procedures (rapid delivery, reduced number of application

documents, reasonable fees, limited need for application in person, etc.);

■ No limitations on the use of issued visas (as regards time or routes permitted); and

■ Request to other international organizations and governments for seeking bilateral and

multilateral solutions for improving the conditions of issuing visas to professional drivers.

v. BSEC

The BSEC Union of Road Transport Associations adopted a resolution on visa for professional

drivers in June 2004, which called upon approval of the draft Agreement on Simplification of Visa

Procedures for Professional Lorry Drivers and the BSEC member States and the IRU to raise this issue to

other relevant international organizations and governments.

The above-mentioned agreement was signed in October 2008. The main content of the

agreement includes:

■ The competent national authority of each Contracting Party sets up a national list of

professional drivers;

28

■ The Contracting Parties communicate the national lists to the BSEC Permanent International

Secretariat, which will consolidate the lists and forward to the national visa issuing authorities

through the Ministries of Foreign Affairs;

■ The visa issuing authorities, in principle, will not require additional documents on the status

of the driver;

■ Multiple entry visas will be issued valid up to a maximum period of one year, taking into

account the period of validity of driver license;

■ The maximum duration of stay for each entry will be defined in accordance with the domestic

legislation; and

■ The diplomatic and consular missions will issue visas to professional drivers in accordance

with their domestic legislation and have the rights to request additional information of

documentation related to the visa issuance.

The Agreement has been signed by Albania, Armenia, Republic of Moldova and Turkey, and

ratified by Albania and Turkey.

2. Subregional Arrangements in the Region

i. ASEAN

ASEAN countries signed a Framework Agreement on Visa Exemption in July 2006, which has

been ratified by Indonesia, Lao People’s Democratic Republic, Thailand and Viet Nam.

The Agreement governs visa issuance for normal visits. It requires visa exemption for citizens of

other ASEAN member countries for a period of stay up to fourteen days. Legally, professional drivers are

not eligible for application of this type of visa when undertaking inter-state or transit transport.

In practice, most ASEAN member countries have concluded bilateral arrangements on visa

exemption for a stay up to 30 days, and some for a stay up to 14 days as generally guided by the

above-mentioned Agreement.

ii. CIS and EurAsEC

Visa issuance for road vehicle drivers in the CIS and EurAsEC member States follows the

prevailing visa regimes established through bilateral and subregional agreements. Overall subregional

arrangements have been made through the Agreement on Visa-Free Travels for Citizens of Member

States of the Commonwealth of Independent States (Bishkek, 9 October 1992) and the Agreement on

Mutual Visa-Free Travels of Citizens of the EurAsEC member States (Minsk, 30 November 2000). The

CIS Agreement is in force among Armenia, Belarus, Kyrgyzstan, Republic of Moldova and Tajikistan and

the EurAsEC Agreement is in force for Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation and

Tajikistan. At the same time, Belarus and Kyrgyzstan are Contracting Parties to both of the Agreements.

The CIS Agreement allows the citizens of the Contracting Party States to enter, leave or transit

member States without visas when holding identification documents or other documents indicating their

citizenship. The EurAsEC Agreement allows the citizens of the Contracting Party States to enter, leave or

transit without visas and provides a list of required documents in its Protocol. The two Agreements do not

limit the time of the period of stay.

Besides the participation in the two subregional Agreements, the CIS and EurAsEC member

States also concluded some bilateral agreements on visa issuance, which contain slightly different

requirements. For instance, the agreement between Belarus and the Russian Federation requires the

29

use of domestic passports, which are not valid for global travel, for entry, residence and departure, but

only within the two countries.

iii. ECO

ECO introduced facilitation measures for the issuance of visas for vehicle drivers through the

ECO Transit Transport Framework Agreement signed in 1998. Article 12 of the Agreement provides:

“1. The Contracting Parties shall grant visas to the drivers of the vehicles and the persons

engaged in international transit traffic operations, who are subject to visa requirements, multiple

entry and transit visas valid for a period of one year with a right of staying on the territory of each

Contracting Party for 15 days in transit for each trip and for up to 5 more days in place of loading

and discharge.

2. In case of illness or injury of persons, accident or damage to vehicles, the period of stay shall

be extended correspondingly.

3. Procedures for granting of visas mentioned in paragraphs 1 & 2 above shall be in accordance

with domestic legislation of the Contracting Parties.”

The Agreement establishes a system with multiple-entry and transit visas valid for a period of one

year and application of domestic legislation for visa requirements and procedures.

This issue is now on the agenda of the consular meetings with the embassies of the ECO

member States at the Headquarters in Tehran. The Ministry of Foreign Affairs of the Islamic Republic of

Iran has drafted a common visa sticker for a driver facilitating visa regime, which is in the process of

negotiation.

iv. GMS

The GMS Cross-Border Transport Agreement 1999 in its Article 5 on visas prescribes principle

requirements on visas for driver/crew and refers to Annex 5 on visas for people not engaged in transport

operations:

“(a) For People Engaged in Transport Operations

The Contracting Parties undertake to grant visas to nationals of the other Contracting Parties

engaged in transport operations and who are subject to visa requirements, multiple entry, transit,

and exit visas for prolonged periods.

(b) For People not Engaged in Transport Operations

The conditions and modalities of visa issuance will be elaborated in Annex 5.”

In its Annex 5 on Cross-Border Movement of People, issues on visas for driver/crew are further

deliberated:

“Article 2. Valid travel documents and visas

(b) (ii) Specific conditions for drivers/crew of commercially operated road vehicles

• Period of visa validity

The driver/crew shall be issued by the Host Country a multiple entry/exit visa for a minimum

validity period of one year. Shorter durations of the validity period and lesser entry/exit

frequency may be allowed upon request by the applicant.

30

• Required documents to support the application

The application for a visa by a driver/crew member shall be supported by a certificate of

employment issued by an authorized transport operator of the Home Country licensed in

accordance with the requirements of Annex 9 to the Agreement. The applicant driver shall

also submit a copy of his/her driving license issued in accordance with Annex 16 to the

Agreement.”


From the above it can be seen that there is a general consensus and attempt to facilitate the

issuance of visas for professional drivers. Nevertheless, due to a range of concerns, it is evident that visa

free arrangements for professional drivers in the short to medium term is unrealistic both globally and

regionally and that arrangements on identity cards for professional road vehicle drivers may take years to

conclude.

A more efficient way to address this issue within the region should be to pursue multiple-entry

visas valid for one year for professional drivers through subregional and bilateral agreements. As national

road transport associations are still weak in many member countries, national competent authorities for

international road transport can act as an intermediary to facilitate visa issuance by embassies or

consulates.

There are two possible ways for the national competent authorities to function as guaranteeing

institutions. In the first instance, the national competent authority of a given country may prepare a list of

professional drivers that they will exchange with the counterpart authorities of other countries. The

competent authorities of other countries will then submit the list to their respective ministries of foreign

affairs for forwarding to embassies or consulates. Embassies or consulates will expedite the issue of

visas for the drivers with reference to the list.

Alternatively, the national competent authorities may provide certifying letters with guarantee

letters from carriers when drivers apply for visas.

With such arrangements, drivers employed by one carrier may be considered as a single group in

the visa application process and thereby be exempt from the requirement of personal presence.

In light of the fact that consular treaties must be reached by the ministries of foreign affairs,

transport authorities need to request their ministries of foreign affairs to negotiate such treaties with other

countries, and consult with their ministries of foreign affairs regarding clauses on visa arrangements

during the negotiation of subregional facilitation agreements.

C. Temporary Importation of Vehicles

1. International Conventions

There are three major conventions governing the temporary importation of road vehicles for

transport:

■ World Customs Organization (WCO) Convention on Temporary Admission (Istanbul

Convention), 1990;

■ ECE Customs Convention on the Temporary Importation of Commercial Road Vehicles,

1956; and

■ ECE Customs Convention on the Temporary Importation of Private Road Vehicles, 1954.

31

These conventions have the same arrangements for the temporary importation of road vehicles.

They provide for a uniform document, CPD Carnet, and a system to guarantee payment of import duties/

taxes if a temporarily imported vehicle is not duly re-exported.

2. Subregional Arrangements

i. ASEAN

The ASEAN Framework Agreement on the Facilitation of Inter-State Transport, 2009 (Article 16)

establishes more liberal conditions than contained in the international Conventions for temporary

importation of road vehicles. Article 16 states:

“For the purpose of this Agreement, the Contracting Parties shall grant temporary admission to

road vehicles (and the fuel contained in its supply tanks, its lubricants, maintenance supplies, and

spare parts in reasonable quantities) registered in the territory of another Contracting Party,

without payment of import duties and import taxes, without depositing a Customs guarantee bond

and free of import prohibitions and restrictions, subject to re-exportation and other related

conditions.”

ii. GMS

The GMS Cross-border Transport Agreement (Annex 8) introduces a subregional mechanism for

the temporary importation of vehicles with a unified document and mutual guarantee of national

associations of the participating countries. The total amount for security is SDR 40,000 and liability for

each irregular case is limited to SDR 20,000.25

iii. ECO

The ECO Transit Transport Framework Agreement, 1998 provides more liberal conditions than

contained in the international Conventions for temporary importation of vehicles and other means of

transport.

“Article 17

Temporary Admission of Means of Transport

1. Each Contracting Party shall permit means of transport of other Contracting Parties to

remain on its territory in accordance with domestic legislation;

2. A carrier shall not be required to provide a Carnet de Passage or any other collateral

document while crossing the border of a Contracting Party if the carrier has a transit “Permit”

issued in accordance with the agreement.”

Currently, most ECO member countries are the Contracting Parties to the Convention on the

Temporary Importation of Commercial Road Vehicles, 1956, which uses Carnet de Passage.

3. Bilateral Arrangements

A guarantee for the temporary importation of a vehicle is not required in the bilateral transport

between Lao People’s Democratic Republic and Thailand, and between Lao People’s Democratic

Republic and Viet Nam. For the transport between Cambodia and Viet Nam, it is planned to adopt the

GMS Cross-border Transport Agreement once this system is in place.

25 In Annex 8, Article 1 of the Agreement, Special Drawing Rights (SDR) is defined as a unit of account defined by the InternationalMonetary Fund (IMF). Conversion of sums into national currencies shall be calculated in accordance with the method of valuationapplied by the IMF.

32

In some other countries in the region, it is common to use either a Customs guarantee, bonds, or

cash deposits made through local agents, or a payment of a one-time charge for entry.


Within the region several approaches are being used for the temporary importation of vehicles,

namely:

■ Subregional liberalized system without carnet or deposit (ASEAN, ECO);

■ Bilateral liberalized system without carnet or deposit (such as Lao People’s Democratic

Republic and Thailand);

■ Bond or cash guarantee;

■ One-time charges;

■ Use of Carnet de Passage en Douane (CPD) (either ECE or WCO Conventions); and

■ Subregional guarantee system (GMS).

The liberalized arrangement without carnet or deposit is the most convenient for the carriers.

However, there is some risk with respect to Customs duties/taxes if temporarily imported vehicles are not

re-exported within a stipulated time.

Any charges for temporary importation will increase transport and trade costs but may not help for

re-exportation.

The use of a unified document and centralized subregional guarantee system is not the most

convenient solution for carriers, but it does help carriers avoid cash or bond deposits or charges. This

system is particularly useful for travel through several countries. However, charges for the use of the

document and guarantee system can be a major concern. If such charges are higher than the one-time

charge of a fixed amount at border crossings, the guarantee system will lose its advantages.

As a regional minimum standard, accession to international Conventions on the temporary

importation of vehicles should be encouraged. More liberalized arrangements that do not require carnet,

bond or cash guarantee can be considered more favourable.

D. Insurance of Vehicles

1. International Green Card System

The Green Card system for international motor insurance is based on a multilateral arrangement

between authorities and insurance organizations to ensure that victims of road traffic accidents caused by

visiting motorists are covered by an appropriate insurance policy. Furthermore, visiting motorists do not

need to obtain insurance coverage at each of the frontiers of the countries which they visit.

The first Green Card system was established in 1949 in Europe within the framework of the ECE;

later the European Union and the European Free Trade Association became involved, and the system

was expanded to other regions. The Council of Bureaux (CoBx) maintains this international motor

insurance card system. At present forty-five countries are participants in the system. The regional

member countries which are participants are the Islamic Republic of Iran, the Russian Federation and

Turkey.

The Green Card system is operated through a Green Card Bureaux cooperative established by

law or regulation in each of the participating countries. The national Green Card Bureaux has dual

33

responsibilities for the handling and settlement of claims arising from accidents caused by visiting

motorists in accordance with national legal provisions for compulsory third-party motor insurance and the

provision of guarantee certificates for international motor insurance issued by its member insurance

companies.


i. ASEAN

A motor vehicle third-party insurance scheme is mandated in the ASEAN Framework Agreement

on the Facilitation of Goods in Transit, 1998, Article 14:

“1. The road vehicle entering the territory of the other Contracting Party shall strictly comply with

the laws and regulations related to third-party insurance covering the insurance of their

means of transport to cover third-party liability incurred in the course of transit transport.

2. The Contracting Parties undertake to harmonize or establish a common ASEAN scheme of

compulsory motor vehicle third-party liability insurance to be specified in Protocol 5.

3. The ASEAN scheme of compulsory motor vehicle third-party liability insurance shall provide,

at least, all the guarantees required by the laws and regulations governing compulsory motor

vehicle third-party insurance in the Contracting Parties.”

Protocol 5 on the ASEAN Scheme of Compulsory Motor Vehicle Insurance was signed in April

2001. The protocol establishes a cooperation scheme on compulsory motor vehicle insurance coverage

with Blue Card in Southeast Asia. This system is also adopted in the ASEAN Framework Agreement on

the Facilitation of Inter-State Transport, 2009.

ii. ECO

The ECO insurance scheme is embedded in the ECO Transit Transport Framework Agreement,

1998. Article 22 stipulates:

“1. The Contracting Parties shall take steps necessary for the insurance of their motor vehicles

to cover third party liability incurred in the course of transit traffic;

2. The Contracting Parties undertake to establish the international compulsory motor vehicle

third party liability insurance scheme as specified in Annex V.

3. The international compulsory motor vehicles third party liability insurance scheme shall

provide, at least, all the guarantees required by the laws and regulations governing

compulsory motor vehicle third party insurance in the country or countries of transit and

destination.”

Details of the motor vehicle third-party insurance scheme are provided in Annex V to the

Agreement. Article 2 calls upon the Contracting Parties that are not yet parties to the international Green

Card system to take the necessary steps to sign the said Agreement.

In recognition of existing difficulties for some of the Contracting Parties to join the Green Card

system immediately, the Annex (see Article 3) establishes an interim motor vehicle third party insurance

scheme, known as the White Card system, to help the Contracting Parties progress towards acceding to

the Green Card system.

The Annex provides that from the moment of this Agreement entering into force each of the

Contracting Parties shall assume liability to determine, within three months, a specific national insurance

34

company or other specialized organization authorized to participate in the proposed interim insurance

scheme as the national motor vehicle insurance bureau.

iii. EurAsEC

In accordance with Article 13 of the Agreement on International Road Transport between the

Member States of the Transport Union (Moscow, November 1998), each carrier is obliged to arrange

insurance for its vehicles undertaking transport of passengers and goods within the territories of EurAsEC

member States. The insurance covers civil liabilities for the injury and damage to the third parties caused

by the vehicles. However, the Agreement is applied on a temporary basis to the extent that it is not

contrary to the domestic legislation of the Contracting Parties (Article 26). In other words, the issues

relating to the compulsory motor vehicle insurance are mainly governed by domestic legislation of the

EurAsEC countries. In addition, there is no subregional scheme on the implementation of this insurance

requirement.


At present, many regional member countries still require foreign vehicles to buy short-time

insurance at border crossings.

The use of the Green Card system is ideal for international road carriers. However, it depends on

traffic volume with the other Green Card members, costs for the use of the Green Card system, territorial

or transport connectivity with the existing Green Card members, willingness of local insurance companies

and ability of countries to satisfy the requirements for accession to the Green Card system.

It is evident that the subregions which have road transport links with Europe tend to adopt the

Green Card system for easy access to Europe.

Although subregional insurance schemes have been planned for many years, there is still some

way to go to operate the subregional systems and there are some concerns related to cost. In practice,

purchase of insurance at border crossings or arrangement with Customs through a local agent is still

common in the region. However, the purchase of insurance at border crossings leads to delays and

poses risks for drivers who are required to carry cash for long-distance routes, in particularly when

transporting through several countries.

In the long term, it is desirable for member countries to join the Green Card system. In the short

term the region may progress to develop subregional motor vehicle third-party insurance schemes

compatible with the Green Card system while maintaining the long-term goal of acceding to the Green

Card system. As some regional member countries do not belong to any subregional scheme, bilateral or

trilateral schemes may also help alleviate insurance problems and subsequently develop to join the

international system.

E. Vehicle Weights and Dimensions

There are no international or regional standards for the weights and dimensions of vehicles

permitted to travel on roads. Member countries have been trying to harmonize standards at the

subregional level. Bilateral agreements on international road transport largely require carriers to observe

the domestic standards of host countries, which may be different in many cases from those of the

countries where the carriers are registered.

35


Annex 8 Facilitation of Border Crossing Procedures for International Road Transport of the

International Convention on the Harmonization of Frontier Controls of Goods, 1982

In order to help avoid repetitive vehicle weighing procedures at border crossings, the new Annex

was developed to introduce an International Vehicle Weight Certificate as shown in Annex IX to this

publication.

If the Contracting Parties accept the certificate, no further weight measurements shall be carried

out apart from random checks and controls in the event of alleged irregularities. Vehicle weight

measurements recorded in the certificates take place only in the country of origin of international transport

operations. The results of such measurements are duly reflected in the certificates and are recognized by

the other Contracting Parties.

Each Contracting Party, accepting the International Vehicle Weight Certificate, is required to

publish a list of all weigh stations in its country that are authorized in accordance with international

principles. The minimum requirements for authorized weigh stations, the principles of authorization and

the basic features of weighing procedures to be applied are contained in Appendix 2 to Annex 8.

In accordance with Annex 8, the use of the International Vehicle Weight Certificate by transport

operators is optional.


i. ASEAN

The ASEAN standard on weights and dimensions of vehicles is generally stipulated in Article 11 of

the ASEAN Framework Agreement on the Facilitation of Goods in Transit, 1998:

“Article 11. Technical Requirements of Vehicles

Means of transport used in road transit transport shall conform to the technical requirements

regarding vehicle dimensions, maximum weights and loads, emission standards and related

matters to be specified in Protocol 4.”

As stipulated in Article 11, Protocol 4 specifies detailed weights for different types of vehicles as

shown in Table 1.

Table 1. Permissible gross vehicle weight in ASEAN subregion

Type of VehicleMaximum Permissible

Gross Vehicle Weight (Tonnes)

3-Axle Rigid 21.0 t

4-Axle Rigid 25.0 t

4-Axle Articulated 32.0 t

36

Permissible vehicle dimensions are unified as:

■ Maximum length: 12.2-16 m;

■ Maximum width: 2.5 m;

■ Maximum height: 4.2 m; and

■ Rear overhang: 60 per cent.

At the early stages of the implementation of this standard, Protocol 4 allows the countries to use

domestic legislation.

The ASEAN Framework Agreement on the Facilitation of Inter-State Transport, 2009 adopts the

same standard. The bilateral agreements between Lao People’s Democratic Republic and Thailand, and

between Cambodia and Lao People’s Democratic Republic adopt the ASEAN technical standards of

vehicles. The MOU between Cambodia and Thailand on the Exchange of Traffic Rights for Cross-Border

Transport through the Aranyaprathet-Poipet Border Crossing Points adopts the ASEAN standard on

vehicle dimensions but uses domestic laws or regulations for maximum permissible gross vehicle

weights. The Agreement on Road Transportation between Cambodia and Viet Nam also adopts the

ASEAN standard on vehicle dimensions.

ii. CIS

CIS member States concluded an Agreement on Weights and Dimensions of Vehicles undertaking

international transport on the CIS Roads (Minsk, 4 June 1999). The Agreement establishes common

maximum vehicle dimensions, weights and axle loads. It applies only to roads used for inter-state and

transit transport. On local roads the member-States are allowed to establish requirements as long as

such restrictions are equally applied to national and foreign vehicles. Under the Agreement, oversized

and heavy vehicles need special permits.

The standards set in the Agreement are as follows:

1. Maximum dimensions

Length

Truck/bus/trailer 12.00 m

Articulated vehicle/autotrain 20.00 m

Articulated bus 18.00 m

Width

Refrigeration vehicles 2.60 m

All other vehicles 2.55 m

Height 4.00 m



Table 1. (continued)

37

2. Maximum weights

Truck/trailer/bus

Two-axle truck/trailer/bus 18 t

Three-axle truck/trailer/bus 24 t

Three-axle truck with traction axle consisting of two pairs 25 t

of wheels equipped with air or similar suspension system

Three/four-axle – articulated bus 28 t

Four-axle truck with two traction axles, each consisting of two 32 t

pairs of wheels and equipped with air or similar suspension system

Combined vehicles:

Autotrains with semi-trailers

Two-axle tractor with two-axle semitrailer with distance between 36 t

axles of semi-trailer not less than 1.3 m and not over 1.8 m

Two-axle tractor with two-axle semi-trailer with distance between 38 t

axles of semi-trailer over 1.8 m/two-axle tractor with three-axle

semi-trailer/three-axle tractor with two-axle semi-trailer/three-axle

tractor with three-axle semi-trailer

Maximum weight of a vehicle consisting of an 18 t truck and a 20 t

semi-trailer as in this paragraph can be increased by 2 t if the

traction axle of the vehicle consists of two pairs of wheels and

is equipped with air or similar suspension system

Autotrains with trailers

Two-axle truck with two-axle trailer 36 t

Two-axle truck with three-axle trailer/three-axle truck with 42 t

two-axle trailer

Three-axle truck with three-axle trailer/three-axle truck with 44 t

four-axle trailer

Another CIS agreement in relation to vehicle weights and dimensions is the Agreement on

International Weight Certificate of a Vehicle which was signed in Cholpon-Ata in 2004.

According to this Agreement, each Contracting Party should recognize the International Weight

Certificate of a Vehicle issued to a vehicle in international transport by competent authorities of any other

Contracting Party in compliance with the template attached to the Agreement.

The agreement, which is in force and being implemented successfully, provides an example of an

existing subregional weight certificate using an approach that is the same as that found in Annex 8 of the

International Convention on Facilitation of Border Crossing Procedures for International Road Transport,

of the International Convention on the Harmonization of Frontier Controls of Goods, 1982.

iii. ECO

The ECO standard on vehicle weights and dimensions is contained in the ECO Transit Transport

Framework Agreement, 1998. Article 18 of the Agreement states the general requirements with

a reference to technical requirements, refering to Annex IV of the Agreement for details:

38

“Article 18. Technical Requirements of Vehicles

Means of transport used in road transit transport shall conform to the technical requirements

regarding vehicle dimensions, maximum total weights with loads, axle load and other parameters

as mentioned in Annex IV.”

Annex IV (Technical Requirements of Road Vehicles) gives targeted maximum axle loads, laden

weights and dimensions of vehicles. It provides a range of maximum permissible axle loads, which

depends on domestic legislation to regulate specific permissible axle loads

Table 3. Targeted maximum dimensions of vehicles in ECO subregion

At present Future target

Widths 2.50 m (In the territory 2.50 m

of Pakistan – 2.75 m)

Heights 4 m 4-4.5 m

Lengths

– Rigid chassis vehicles: 11-12 m –

– Articulate vehicles: 17.4 m –

– Truck and drawbar 18-20 m 24 m

trailer combinations:

Table 2. Targeted maximum permissible axle loads in ECO subregion

At present Target for future

Single axles 6-12 t 10-13 t

Tandem axles 10-22.5 t 16.5-20 t

Triple axles 13-33 t 20-30 t

Laden weight 36-40 t 40-42 t

iv. GMS

The GMS Cross-Border Transport Agreement requires vehicles traveling on the territory of other

Contracting Parties to comply with the technical standards of the Host Country with respect to weights,

axle loads and dimensions.


Damage to roads and bridges caused by overweight foreign vehicles is a serious problem for

many regional member countries. At the same time, repeated weighing and inspections at border

crossings and inland weigh stations for international vehicles inhibits transport efficiency.

While some progress has been made in the standardization of vehicle dimensions, achieving

uniformity in technical standards on the permissible weights and axle loads is a difficult task. A practical

approach is to unify such standards at the bilateral and subregional levels. Once a bilateral agreement is

achieved, the countries concerned may upgrade their designated roads accordingly. International and

regional financial institutions as well as bilateral donors may assist the countries with financial difficulties

associated with upgrading their roads to designated standards.

Member countries may also consider negotiating a control system for overloaded vehicles through

bilateral and multilateral agreements. At present, overloaded vehicles are fined and are allowed to

39

continue their operations in international road transport. The control system may introduce stronger

schemes, for instance fines together with a warning notice for the first offence, seizure of overweight

goods for the second offence and suspension of international operations (or forbidden for entry for one

year) a subsequent offence.

F. Mutual Recognition of Vehicle Registration and Inspection Certificates


i. Convention on Road Traffic, 1968

The Convention on Road Traffic 1968 provides for mutual recognition of vehicle registration

certificates issued in accordance with the provisions of the Convention as prima facie evidence that the

vehicles fulfil the conditions laid down in the Convention. For this purpose, the Convention lays down

standardized distinguishing signs for the State of registration, detailed requirements of technical

conditions and periodic inspections of vehicles and minimum information contained in the registration

certificate.26

■ Date of first registration/manufacture of the vehicle;

■ Full name and home address of the holder of the certificate;

■ Name or the trade mark of the vehicle manufacturer;

■ Serial number of the chassis;

■ Permissible maximum mass;

■ Unladen mass; and

■ Period of validity.

The Convention also standardizes the registration number of vehicles, which is to be composed

either of numerals or of numerals and letters. The numerals are to be arabic numerals and the letters are

to be capital Latin characters. If other numerals or characters are used, the registration number should

be repeated in arabic numerals and in capital Latin characters.

ii. Agreement concerning the Adoption of Uniform Conditions for Periodical Technical

Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections,

(Vienna, 1997)

The agreement is aimed at establishing uniform rules for periodical technical inspections of

wheeled vehicles, and reciprocal recognition of technical inspections carried out in accordance with such

rules. The rules include the categories of wheeled vehicles subject to inspection and the frequency of

inspection, the equipment and/or parts to be inspected, as well as test methods by which performance

requirements are to be demonstrated.

The agreement provides for a unified International Technical Inspection Certificate, which should

certify that the technical inspection of the wheeled vehicle was carried out in accordance with uniform

rules, and should be recognized in the territories of the Contracting Parties.

The agreement reproduces the template of such a certificate, the content of which should be

followed by any Contracting Party of the agreement issuing such a certificate.

26 The information entered in the certificate shall either be in Latin characters or English cursive script.

40


i. ASEAN

The ASEAN countries signed an Agreement on the Recognition of Commercial Vehicle Inspection

Certificates for Goods Vehicles and Public Service Vehicles issued by ASEAN Member Countries in 1998.

The agreement requires Contracting Parties to mutually recognize the valid vehicle inspection

certificate issued by the designated authorities or agencies of the Contracting Party or by any person

authorized or licensed by the Contracting Party. If a certificate is not drawn up in English, it should be

accompanied by a certified translation in English issued by a competent authority.

The certificate needs to contain the following particulars:

■ Vehicle registration number;

■ Vehicle chassis number;

■ Vehicle engine number;

■ Certificate serial number;

■ Period of validity; and

■ Date of inspection of the vehicle.

The ASEAN Framework Agreement on the Facilitation of Goods in Transit 1998 requires its

Contracting Parties to institute periodic inspection of road vehicles registered in each of the respective

territories and used for transit transport operations, and to mutually recognize periodic inspection

certificates of road vehicles used for transit transport issued by the other Contracting Parties, in

accordance with the Agreement on the Recognition of Commercial Vehicle Inspection Certificates for

Goods Vehicles and Public Service Vehicles issued by ASEAN Member Countries, 1998.

ii. CIS

In accordance with the Agreement on the Cooperation of the CIS Member States in the Field of

International Road Transport of Goods, 2003, each CIS member State recognizes the registration

documents and vehicle number plates of other CIS members. Carriers undertaking international road

transport of goods may only use vehicles with registration documents, number plates and distinguishing

signs of its own State, while trailers and semitrailers may use number plates and distinguishing signs of

its own State or other state.

Meanwhile, the CIS members also mutually recognize registration documents, number plates and

distinguishing signs of road vehicles under the jurisdiction of bilateral agreements on international road

transport.

iii. ECO

The ECO Transit Transport Framework Agreement, 1998 requires the Contracting Parties to

recognize certificates of roadworthiness issued by other Contracting Parties in accordance with the

Convention on Road Traffic, 1968 and to institute regular inspection of their road vehicles.

iv. GMS

The GMS Cross-Border Transport Agreement requires vehicles traveling to the territory of other

Contracting Parties to be in good working order and the home country to take charge of the supervision of

41

the roadworthiness of the vehicles registered in its territory, based on which it will issue a technical

inspection certificate, which is recognized by the other Contracting Parties.


International conventions, subregional agreements and bilateral agreements relating to

international road transport unanimously adopt mutual recognition of registration documents, plate

numbers, country distinguishing signs and vehicle inspection certificates. However, many countries in the

region are not Contracting Parties to the Convention on Road Traffic, 1968, and as such the use of

characters of national languages on registration certificates and number plates is common. This creates

difficulties for traffic police and authorities at border crossings when attempting to clear documentation

and carry out procedures. A solution to this problem is accession to the Convention on Road Traffic,

1968, or at minimum the adoption of the basic standards contained in this Convention.

43

V. IMPORTANT APPROACHES FOR

FACILITATION

A. Application of New Technologies for Transport Facilitation

Many new technologies are being widely used in the road transport sector for the inspection of

goods, clearance of passengers and vehicles, and processing and transferring of documents. These new

technologies improve efficiency, reduce costs and enhance security. Such technologies include ICT,

global positioning system (GPS), container/truck scanners, radio-frequency identification (RFID),

electronic Customs seals, bar coding, electronic vehicle measurement equipment and electronic vehicle

recognition systems. These new technologies have significantly changed traditional ways of controlling

and inspecting goods, passengers and vehicles. They may greatly simplify formalities and procedures for

crossing borders.

Among the technologies that help to facilitate international road transport, ICT has the greatest

impact on documentation, formalities and procedures. All countries in the ESCAP region have been

making a concerted effort towards Customs automation through the use of computers and ICT

applications. Under such systems, transport and trade documents are lodged electronically. A broader

system, the electronic “single window”, is also promoted in the region to cover all formalities and

procedures for international trade and transport. On 9 December 2005, the ASEAN member countries

signed the Agreement on the Establishment and Implementation of the ASEAN Single Window, which

established the target of operationalizing national single windows in the member countries, Brunei

Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand by 2008 and in the other

member countries, Cambodia, the Lao People’s Democratic Republic, Myanmar and Viet Nam, by 2012.

Kazakhstan has developed an integrated border control system. The system combines electronic

document processing with various non-physical inspection tools. The system links clearances and

inspections at border crossings to the headquarters of the control authorities.

Thailand has developed a monitoring and document processing system for transit between free

trade zones and ports (including airport and seaport) within the country. The system adopts online

application for document processing, and combined GPS and RFID devices for monitoring of vehicles and

goods in transit. It was reported that the system has achieved the following results.27

■ For users:

• Reduced manual shipment declaration and documentation processes by 45 per cent;

• Reduced administrative overhead to process Customs forms by 20 per cent;

• Reduced Customs clearance time from 45 minutes to 5-10 minutes;

• Reduced individual transaction costs by 60 per cent; and

• Increased accuracy of shipment information from 70-80 per cent to 95-100 per cent.

■ For Customs:

• Reduced number of station Customs officer by total of 4 people;

• Able to monitor late arrival trucks;

• Able to account for tampered shipments; and

27 Presentation by Mr. Anusorn Lovichit, EDI Services Co., Ltd., Thailand International Freight Forwarders Association, at ESCAPRegional Forum of Freight Forwarders, Multimodal Transport Operators and Logistics Service Providers held at Bali, Indonesia, on15 July 2010.

44

• Able to monitor free zone movements in different parts of the country from Customs

head office.

GPS and GPS equivalent monitoring systems are being used for road transport in many countries

of the region. The system includes a GPS transponder installed on vehicles and a computerized

receiving control centre. Information and movements of vehicles are monitored throughout the entire

transport process. The system is used in some countries for the safety and security of the transport of

passenger and dangerous goods. It is now also used for other transport services on a voluntary basis.

Container/truck scanning equipment is being used to satisfy most transport security requirements

and numerous scanners have now been installed at border crossings in the region. Customs stations

commonly use such scanning equipment, and control authorities are exploring their anti-smuggling and

facilitation applications.

ICT applications are widely used across the ESCAP region to assist with lodging and processing

documents. However, systems that are developed for use within an individual country are not always

compatible with the systems of neighbouring countries. Moreover, automation has sometimes been

undertaken within the trade or transport sectors and control authorities without full consideration of the

needs of other sectors.

Preparation and planning are essential for the application of ICT in transport facilitation. In the

preparation stage, an institutional coordination mechanism is able to promote active consultation among

all relevant stakeholders, providing the opportunity for a full re-engineering exercise to streamline and

simplify documents and processes, taking into account the needs of all parties.

In the application of ICT, the adoption of international standards helps to ensure the harmonization

of documents, formalities and procedures, as well as the exchange of data between countries. In this

context, the WCO Customs Data Model, the United Nations Layout Key and United Nations electronic

documents (UNeDocs) can be helpful for the harmonization and exchange of documents between

ESCAP countries.

Although new technologies have provided tremendous opportunities for the improvement of

cross-border formalities and procedures, some potential benefits have not been fully realized. The use of

new technologies for border-crossing controls for international road transport needs to be further

promoted together with legislative adjustments. More innovative and integrated application of new

technologies is required for clearances and inspection of goods for international road transport.

B. Professional Training of Managers and Drivers for International Road

Transport

The purpose of transport facilitation is efficient and smooth movements of goods, passengers and

vehicles. In this regard, the capacity and knowledge of carriers’ managers and drivers are important for

transport facilitation. Appropriate professional training for international road transport can provide

managers and drivers with knowledge and skills for their cross-border operations.

Within the region a number of training institutes have been accredited by IRU in Azerbaijan,

China, Georgia, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan, Turkey and Uzbekistan to

provide training courses on a range of topics, in particular that of transport between Asia and Europe.

There is no dedicated professional training institute in other countries of the region.

Due to a lack of training, many drivers are afraid to travel far into other countries, where they are

not familiar with the local people, culture, language, laws and rules, and their employers have concerns

over the safety of drivers, vehicles and goods. As a result, even when international transport is permitted

45

many carriers only delivers goods to border areas and do not allow their drivers and vehicles to go further

into the hinterlands of neighbouring countries.

International road transport between different subregions, and between these subregions and

other countries can face difficulties due to communication problems arising from language barriers. At the

same time subregional agreements that have already been concluded often have a common language.

While it is desirable to establish national training institutions for managers and drivers undertaking

international road transport, costs can be prohibitive. Therefore, professional training for managers and

drivers could be subregionally based and thereby be more economical in the short term. In South Asia

and Southeast Asia, subregional training institutions would be more helpful and effective. These training

institutions may focus on courses for subregional operations. In Central Asia and West Asia, training for

subregional operations may be undertaken in parallel with courses for inter-regional operations. Already

there is a CIS Agreement on Harmonization of Requirements for Additional Training and Professional

Competence of International Automobile Carriers of the CIS Member States, 2006, which attempts to

unify training standards and develop a model for the subregion.

C. National Coordination for Transport Facilitation

For transport facilitation issues to be addressed effectively, a comprehensive and integrated

approach is required involving the relevant government ministries and agencies concerned with transport,

and the private sector.

In the past decade, progress has been made by countries in the ESCAP region in the

establishment of national mechanisms for the coordination of transport facilitation initiatives. These

mechanisms have taken the following forms:

■ A joint trade and transport facilitation body;

■ A transport facilitation body;

■ A transport coordination body for a specific project; and

■ A meeting for the coordination of specific initiatives.

i. ASEAN

Countries in Southeast Asia have established national transit transport facilitation bodies which

are coordinated at the subregional level by a Transit Transport Coordinating Board as required by the

ASEAN Framework Agreement on the Facilitation of Goods in Transit, 1998.

ii. GMS

In the Greater Mekong Subregion, countries have established national transport facilitation bodies

which, at the subregional level, cooperate through a Joint Committee under the GMS Cross-border

Transport Agreement.

iii. TRACECA

Three countries in the south Caucasus, namely Armenia, Azerbaijan and Georgia, have

established national trade and transport facilitation bodies focusing on public and private partnerships in

accordance with Recommendation No. 4 on National Trade Facilitation Bodies adopted by the United

Nations Centre for Trade Facilitation and Electronic Business in 2001. These countries, together with

others in Central Asia, have also established national coordinating bodies for the implementation of the

TRACECA project. Some Central Asian countries have also established coordination arrangements for

the facilitation of international transport under the overall national transport commissions.

46

In South Asia, Nepal and Pakistan have established national trade and transport facilitation

bodies, which are the focal points for the implementation of trade and transport facilitation projects

executed by the United Nations Conference on Trade and Development (UNCTAD) and financed by the

World Bank.

In Northeast Asia, China has established a national transport facilitation committee following the

arrangement in the GMS Cross-border Transport Agreement, and Mongolia has established a national

committee for trade and transport facilitation, as recommended by ESCAP secretariat.

In order to assist countries in establishing or strengthening coordinating mechanisms, the ESCAP

secretariat, with financial support from the Government of the Netherlands, has undertaken a study on

national coordinating mechanisms for trade and transport facilitation. The study reviews the development

of the coordinating mechanisms in the region and in other parts of the world as well as the

recommendations of international organizations. It also proposes a number of approaches to establishing

effective coordinating mechanisms or strengthening the existing ones.

The ESCAP study found that most of the existing facilitation coordinating bodies suffers difficulties

in operation and sustainability.

In order to incorporate international experience and good practices with specific needs in the

region, the ESCAP secretariat is preparing the guidelines taking into account the regional, subregional

and national circumstances in establishing and strengthening national facilitation coordinating

mechanisms and addressing issues such as support from governments, financing sources, recognition of

their role and functions, strengthening programmes and representation of key stakeholders.

D. Joint Controls at Border Crossings

The International Convention on the Harmonization of Frontier Controls of Goods, 1982 proposes

joint control at the border crossings. Its Article 7 on cooperation between adjacent countries provides:

“Whenever a common inland frontier is crossed, the Contracting Parties concerned shall take

appropriate measures, whenever possible, to facilitate the passage of the goods, and they shall,

in particular:

(a) Endeavour to arrange for the joint control of goods and documents, through the provision of

shared facilities;

(b) Endeavour to ensure that the following correspond:

Opening hours of frontier posts,

The control services operating there,

he categories of goods, the modes of transport and the international Customs Transit

procedures accepted or in use there.”

The Revised Kyoto Convention sets standards for joint Customs control in its General Annex:

“3.4. Transitional Standard

At common border crossings, the Customs administrations concerned shall, whenever

possible, operate joint controls.

3.5. Transitional Standard

Where the Customs intend to establish a new Customs office or to convert an existing one at

a common border crossing, they shall, wherever possible, co-operate with the neighbouring

Customs to establish a juxtaposed Customs office to facilitate joint controls.”

47

GMS Cross-Border Transport Agreement further developed the concept of joint control into

single-window and single-stop inspection as described in Article 4 of the Agreement:

“The Contracting Parties shall gradually adopt the following measures in order to simplify and

expedite border formalities, in accordance with Annex 4:

(a) Single-window inspection: The different inspections and controls of People (passport/visa,

driving license, foreign exchange, Customs, health/epidemiological), Vehicles (registration,

roadworthiness, insurance), and goods (Customs, quality, phytosanitary/plant protection,

veterinary) shall be carried out jointly and simultaneously by the respective Competent

Authorities involved (e.g., Customs, police, immigration, trade, agriculture, health

department);

(b) Single-stop inspection: The officials of the country pairs shall assist one another to the extent

possible in the performance of their duties. The two adjacent national authorities will carry

out their inspections jointly and simultaneously. Where the local configuration does not allow

the installation of physically adjacent back-to-back frontier control posts, the control officials

from one Contracting Party shall be allowed to perform their duties on the territory of the

other Contracting Party;

(c) Coordination of hours of operation: The Contracting Parties will coordinate the hours of

operation of their adjacent frontier crossing control authorities; and

(d) Advance exchange of information and clearance: The Contracting Parties will work together

to allow for advance exchange of information and clearance of goods and People.”

The single-window and single-stop inspection was tested at the Hekou – Lao Cai border crossing

between China and Viet Nam, Lao Bao-Dansavanh border crossing between the Lao People’s

Democratic Republic and Viet Nam, and Mukdahan-Savannakhet border crossing between the Lao

People’s Democratic Republic and Thailand. It is partially implemented at some border crossings in the

GMS subregion, for example through single-stop inspection at each side of border crossing.

In 2004, Kazakhstan and Kyrgyzstan started to implement “one-stop shop” for Customs services

at the Kordai and Ak-Tilek border crossing. In 2008, a pilot joint Customs control at the Chon-Kapka and

Aisha-Bibi border crossing between the two countries was initiated.

Turkey has taken major steps to modernize its border crossings since 2001. It has successfully

involved the private sector through the Build-Operate-Transfer (BOT) model in renovating the border

crossings. Turkish Customs was designated the lead agency to oversee the country’s modernization

project. A concession agreement was signed for each of the 18 border gates to include the cost of the

project, the period of concession as well as the rights and obligations of each side. An amount of

155 million USD has been spent to date in order to modernize eight border crossings. The private

operators are able to set up or lease space for fast food centres, restaurants, duty free shops, parking lots

and banks in order to earn revenue. They can also charge fees for the provision of other services such

as the use of weigh bridges and disinfection units. Such efforts have led to expeditious Customs

clearances, an increase in tax revenues, effective control of smuggling, and less congestion due to the

segregation of truck and passenger platforms. The BOT model has also facilitated the use of ICT at

border crossings and the resulting benefits have come without strain to public finances.

In order to establish joint control between countries at border crossings, as well as to make

considerations of the extent to which joint control can be adopted for a particular border crossing (e.g.

joint inspection but separate document processing; or joint inspection and processing; separate

inspection and processing but mutually recognizing results; whether or not to adopt simplified/

harmonized documents and procedures; electronic or manual operation), the following issues need to be

considered:

48

■ What type of joint control can be selected for a particular border crossing (e.g. straddling

facilities, common border facilities, juxtaposed borders facilities and country of entry

processing);

■ What legal barriers exist for joint Customs control at border crossings and how to remove

them (e.g. operation in foreign territory and operation of foreign Customs in a country);

■ How to deal with political/diplomatic issues (e.g. sovereignty and border line);

■ What are the topographical constraints;

■ How to coordinate with inland clearance process;

■ How to optimally plan the required facilities (e.g. traffic growth, capacities, types and design

of offices, inspection areas, equipment, parking lots, warehouses);

■ How to better meet national legal requirements and increase security;

■ How to simplify and harmonize documents and procedures;

■ How to exchange information and documents securely;

■ What are the new work flow and procedures;

■ What are the responsibilities of each type of control officer;

■ How to consider regional harmonization;

■ How to coordinate daily operations of control officers (e.g. risk management);

■ How to coordinate overall operations of joint control;

■ What legal instruments are required and what are the contents of the instruments;

■ How to share costs in construction and operation;

■ How to accommodate the needs of other control agencies for integrated border crossing

management;

■ How to accommodate the needs of ICT;

■ How to deal with social and environmental issues;

■ What training programmes are required; and

■ How to implement joint Customs control (e.g. time frame, steps to be taken, transition,

capacity-building).

In recognition of the complexity of joint border crossing control and the differences that exist from

one border crossing to another, a specific, comprehensive and detailed study and design should be

undertaken for each border crossing before implementing joint control.

E. Economic Development at Border Crossings

Cross-border transport and trade have become an impetus for the economic development and

growth of remote border areas within the ESCAP region. They have promoted trade development,

investment, infrastructure improvement, employment, tourism and improvement of the welfare of local

people. Numerous border towns and villages have been turned into prosperous cities through opening

borders for transport and trade. Many cities in the proximity of borders have been modernized, and

border crossings, as trading and transport hubs, have contributed to economic development beyond

border areas.

Recent development in free economic zones and joint free economic zones at border crossings

may help overcome many difficulties in international road transport. Difficult issues like visa, temporary

49

importation, transport permit, insurance and Customs transit may be more easily addressed within free

economic zones.

F. Facilitation Tools

The ESCAP secretariat has introduced and developed the Time/Cost-Distance Methodology,

which quantitatively illustrates the time and cost spent in each segment of a route, including

border-crossing points, pinpointing the bottlenecks that have to be addressed. An example of the

application of the methodology is illustrated in Figure 1.

Box 1. Examples of how border towns can benefit from border trade and transport

Hekou, a town in Yunnan Province of China on the border with Viet Nam, had only one small

street before opening for transport and trade. Today it is a city with 181 trading firms, thousands of

shops, a large trading complex, four trading markets, numerous hotels and restaurants. It is now

connected by expressway and has modernized communication and power supply systems. Through

its sixteen border crossings, Yunnan Province achieved border trade of 1 billion USD in 2007,

accounting for 12 per cent of its total foreign trade.

Lao Bao was a small town in Viet Nam bordering the Lao People’s Democratic Republic. It was

designated as a special trade and economic zone in 1998. The town has attracted more than 100

companies and 2,000 stores, as well as 100,000 to 150,000 tourists a year. 45 investment projects

have been undertaken. Trade and services-oriented development has expanded to include

manufacturing and processing. This special trade and economic zone has provided thousands of new

jobs for locals.

In March 2010, China and Kazakhstan officially started a joint free economic zone, International

Cross-Border Cooperation Centre, in Khorgos, spanning the border between the two countries. The

total area is 528 ha, with 343 ha located in China and 185 ha in Kazakhstan. Nationals of the two

countries are allowed to stay in this zone without visas for up to 30 days. The free economic zone

includes a transport and logistics area, an industrial and production area and a dry port. It is estimated

that the free economic zone will attract investment of 3.1 billion USD.

Figure 1. Example of application of ESCAP Time/Cost-Distance Methodology

50

Providing a snapshot of the entire route, the ESCAP methodology can also be used in conjunction

with other methodologies that have been developed by other international organizations to analyse the

cost and time associated with one particular segment of the transport route.

A methodology to carry out micro studies on the time consumed at a given port or border crossing

has been developed by the World Bank with its Trade and Transport Facilitation Toolkit, which was first

published in 2001 and applied in several World Bank projects in developing countries. This methodology

measures the average crossing time, Customs clearance time, percentage of physical control and time for

additional clearances as indicators of facilitation at inland border crossings. A guidebook has been

prepared to assist the users in collecting data from various stakeholders through a set of standard

questionnaires and analysing the data.

Another methodology, the Time Release Study, was adopted by the WCO in 1994 based on

a similar initiative undertaken by Japan and the United States of America. The Study measures the

average times consumed at each step of management control by the different authorities from ship arrival

to final release of goods. The methodology can be used to identify both the problematic areas and

potential corrective actions to increase the efficiency of Customs. A guidebook was published in 2002,

and the WCO, in cooperation with the World Bank, developed software in 2005 for the application of the

methodology. This methodology has been used extensively in Japan and is now being applied in some

developing countries.

51

VI. CONCLUSIONS AND RECOMMENDATIONS

Member countries and their development partners have been undertaking programmes and

projects to facilitate international land transport since the early 1990s. While progress has been made in

many parts of the region it has been slower than anticipated in the removal of non-physical barriers that

impede efficient and smooth transport movements.

In its resolution 48/11 of 1992 on road and rail transport modes in relation to facilitation measures,

ESCAP recommended that countries in the region, if they had not already done so, consider the

possibility of acceding to seven international conventions relating to transport facilitation.28 Although some

progress has been made, the number of countries that have acceded to the international conventions,

except those in Central Asia and some in the Caucasus region, has remained low.

A number of subregional agreements have been formulated with the aim of opening and

improving cross-border and transit transport by road and/or rail among particular groups of countries.

These subregional agreements took many years to negotiate and to complete the legal process needed

for their entry into force, yet to date none of them have been fully implemented.

Furthermore, many facilitation programmes and projects have been undertaken in relative

isolation and as a consequence results have been fragmented. Sometimes conflicts between

agreements have emerged while others have proven difficult to implement for a range of institutional

reasons. In order to help member countries address facilitation issues more effectively, an integrated

approach towards smooth and efficient international road transport needs to be adopted by the region.

Regional Strategic Framework for Facilitation of International Road Transport

The objective of the Regional Strategic Framework is to help regional member countries and their

development partners increase the effectiveness of facilitation programmes and projects and accelerate

the development of international road transport through a long-term common strategic framework.

The regional strategic framework provides general direction for member countries and their

development partners when formulating facilitation policy, agreements, programmes and projects as well

as related measures. This framework also helps promote common approaches in addressing facilitation

issues that would reduce the complexity of the present system.

The strategic framework also helps bring together national, bilateral, subregional and regional

efforts in a more coordinated way to accelerate the process of transport facilitation.

Recognizing the prerequisite nature of some of the non-physical barriers that prevent international

road transport, it is recommended that the regional strategic framework could initially focus on the

fundamental elements for international road transport and key modalities for facilitation.29

28 See the list of Conventions in subsections, Section A, Chapter III of the publication.29 If some countries have more liberalized and simplified arrangements for some of the listed areas, they may focus efforts onother recommended areas.

52

A. Strategies for Fundamental Elements for International Road Transport

1. Road Transport Permits and Traffic Rights

Description of issue

Across the Asian region international movement by road is largely confined to border areas and

a limited number of roads. Most transport permits are issued for only a single trip along a designated

route by a specified individual vehicle. The other constraint to international road transport is the

restriction of transit operations. As a result goods carried by road often have to be transshipped at border

areas or loading points along a designated route adding cost and delay to the transport process.

Target

Wider application of multiple-entry transport permits valid for one year and multiple routes or road

networks, issued to a carrier for any compliant vehicle in its fleet, which could be used both for inter-state

and transit transport operations. In addition, multilateral transport permits should be promoted for wider

applications in parallel with bilateral transport permits.

Process

When member countries formulate or renew their bilateral and multilateral agreements on

international road transport or hold consultations on the implementation of the agreements, they may

consider adopting transport permits valid for multiple entries with one-year validity and/or on multiple

routes or road networks and allow their competent authorities to issue the permits to their carriers instead

of particular vehicles.

2. Visas for Professional Drivers and Crew of Road Vehicles


Unlike seafarers and aircrew, professional road vehicle drivers do not enjoy streamlined global

arrangements for issuance of visas or temporary entry for them to undertake international transport

operations. Visa issuance for professional road vehicle drivers is largely subject to bilateral agreements

on visas. In recent years, some countries have tried to address this issue through subregional

arrangements and some international organizations have also made efforts to help facilitate visa issuance

for professional road vehicle drivers. Even so, there is still no specific visa category for vehicle drivers

and in nearly all countries in the region they are considered as normal visitors or foreign labour for the

purpose of visa issuance.

Professional road vehicle drivers have to go through complicated and difficult procedures to apply

for visas and in general they are granted only a single-entry visa each time. In some countries, drivers

are required to travel to apply for visas in person at embassies or consulates in major cities and wait for

a week or more to obtain the visa or find their application has been rejected.

As a result of these factors visa difficulties continue to cause delays in the delivery of goods and

sometimes change of vehicles or at least drivers at border crossings.

Target

As a minimum target, regional member countries may pursue multiple-entry visas valid for one

year for professional drivers and crew of road vehicles. Countries may also agree to a uniform set of

documents and basic procedures.

53

Process

In order to achieve this target, the national competent authorities for international road transport

can act as an intermediary to facilitate visa issuance by embassies or consulates. The national

competent authority in a country may prepare and exchange a list of professional drivers with their

counterpart authorities in other countries for onward transmission to ministries of foreign affairs,

embassies or consulates. Alternatively, the national competent authorities may provide certifying letters

along with guarantees from carriers when drivers apply for visas.

The transport authorities need to consult with ministries of foreign affairs when they negotiate

subregional facilitation agreements that include clauses for visa arrangements or request the ministry of

foreign affairs to negotiate bilateral/subregional visa arrangements for professional drivers.

3. Temporary Importation of Road Vehicles


In most countries where vehicles are permitted to cross borders, it is common to use guarantee/

bond, or cash deposits through local agents, or payment of a one-time charge at each time on entry to

satisfy requirements of the Customs authorities. Only a few countries in the region do not impose such

requirements.

There exist a few international conventions relating to temporary admissions to which most

countries in the region have not acceded to.

The use of unified subregional agreements and a subregional guarantee system is not the most

convenient solution for carriers, but it does help avoid cash or bond deposits or charges at each border

crossing and for travel through several countries. However, charges for the use of the documents and

guarantees issued under this system can be a major concern. If such charges are higher than the

one-time charge of a fixed amount at border crossings, the guarantee system loses its advantages.

Target

As a minimum regional standard, application of international conventions on temporary

importation should be encouraged.

Process

The countries that have not acceded to the international conventions on temporary importation,

that is, the ECE Customs Convention on the Temporary Importation of Commercial Road Vehicles and/or

WCO Convention on Temporary Admission (Istanbul Convention), should take steps to do so. These

conventions have identical commitments with respect to temporary importation of vehicles. The countries

that are already contracting parties may take action to ensure practical arrangements for full

implementation are put in place.

4. Insurance of Vehicles


The purchase of insurance at each border crossing is commonly required in the region causing

delays and the need for drivers to obtain individual receipts for cash payments. Although subregional

insurance schemes have been planned for many years, there is still some way to go to before the

schemes become operational.

54

Target

Third-party insurance should be used as a regional minimum standard for the vehicles

undertaking international road transport either by using the Green Card system or a parallel subregional

system.

Process

It is desirable for member countries to join the Green Card system. The subregions that have

road transport links with Europe may adopt the Green Card system for easy access to Europe.

Meanwhile, countries in other subregions may develop subregional motor vehicle third-party insurance

schemes compatible with the Green Card system while maintaining a long-term goal of acceding to the

Green Card system. For countries that are not participating in any subregional insurance scheme,

bilateral or trilateral arrangements based on the Green Card system may be considered.

5. Vehicle Weights and Dimensions


Incurring damage to roads and bridges caused by overweight transport vehicles is a serious

problem for many regional member countries that can be compounded by overloaded foreign vehicles.

The problem is due in part to the different technical standards on permissible weights and dimensions

between countries, and in part to the motive of some carriers for higher profit by transporting heavier

loads and making fewer runs.

In addition, the necessity for international vehicles to undergo repeated weighing and inspections

at border crossings and inland weigh stations reduces transport efficiency throughout the region. Carriers

have requested that weighing procedures be simplified and the number of weighing and inspections

within countries be reduced.

There is no international or regional standard for the weights and dimensions of vehicles that are

permitted to travel on roads. Member countries have been attempting to harmonize or unify standards at

the subregional level. Bilateral agreements on international road transport normally require carriers to

observe the domestic standards of host countries, which are often different from the standards of the

countries where the carriers are registered.

Target

For healthy and sustainable development of international road transport in the region, it would be

helpful if the permissible weights and dimensions of vehicles, including axle loads, were unified at the

bilateral, trilateral, quadrilateral and subregional levels.

Process

A practical approach can be to unify such standards through bilateral and multilateral (including

trilateral, quadrilateral and subregional) arrangements.

Member countries may also consider negotiating a control system for overloaded vehicles through

bilateral and multilateral agreements. The control system may include a fine together with warning notice

and suspension of transport permits.

55

6. Vehicle Registration and Inspection Certificates


Currently, ESCAP member countries use bilateral or multilateral agreements to mutually

recognize vehicle registration and inspection certificates. However, the use of characters of national

languages in registration certificates and number plates is still common. At present this causes difficulties

for traffic police and authorities at border crossings when clearing documentation and carrying out

procedures and will cause further difficulties when electronic clearance systems are implemented.

For mutual recognition of vehicle registration certificates, standardized distinguishing signs of the

States of registration, detailed requirements of technical conditions and periodic inspections of vehicles

as well as the standardized registration number plates of vehicles need to be used. The registration

number plates should compose either of numerals or of arabic numerals and Latin characters in capital as

defined in the Convention on Road Traffic 1968.

Target

Adoption of the standards on vehicle registration certificates and number plates as well as country

distinguishing signs contained in the Convention on Road Traffic 1968, should be encouraged.

Process

The countries that are not yet contracting parties to the Convention on Road Traffic 1968 need to

take measures to accede to the convention.

The countries that would find it difficult to accede to the Convention in the short term may consider

adopting the standards contained in the convention, as well as exploring the possibility of using other

mechanisms that are consistent with that Convention, and avoiding the use of different standards in any

bilateral and multilateral agreements into which they may enter.

B. Strategies for Key Modalities for Facilitation of International Road Transport

In the region, valuable experience has been gained and a wealth of knowledge exists at the

national, subregional and regional levels with respect to successful and less successful approaches in

both formulation and in subsequent implementation of transport agreements. To provide a focus for the

collaborative efforts, cooperation and exchange of experiences among member countries, the following

key modalities are suggested.

1. Building an Effective Legal Regime

In addressing the above-mentioned key elements in the regional strategic framework,

international conventions, subregional and bilateral agreements have a vital role to play.

a. Establishment of a regional network of legal experts on transport facilitation

Promotion and implementation of international facilitation conventions, formulation and

implementation of subregional agreements, conclusion of bilateral agreements and harmonization of

documentation and procedures rely on national, subregional and international legal experts. A regional

network of national and subregional negotiators and legal experts from Governments, transport

associations and academic institutions could play a vital role in advising and promoting the harmonization

and coordination of different legal instruments on transport facilitation.

56

Through such a network, member countries and subregional organizations/institutions may:

■ Exchange information;

■ Coordinate with each other;

■ Pinpoint areas of legal conflict between different subregional agreements and identify their

implications;

■ Suggest solutions for legal conflicts between different agreements in geographically

overlapped countries;

■ Suggest the ways to connect the countries in different subregions under different subregional

agreements; and

■ Share experience.

The network may also help to promote international facilitation conventions, formulate and

implement subregional facilitation agreements and assist in the development and improvement of bilateral

agreements on international road transport. The network of experts would become core professionals for

legal issues in road transport facilitation within the region, providing legal support for the formulation and

implementation of agreements.

The network may exchange information through electronic communication, seminars, training,

expert meetings, group studies and individual studies. ESCAP may provide both secretarial and financial

support to the network for some years. In the long run, the network would operate independently with the

secretarial support of ESCAP, undertaking studies as commissioned by governmental agencies, ESCAP

and other organizations/institutions.

b. Accession to selected international facilitation conventions

Resolution 48/11 provides the countries in the region with a common and harmonized set of

standards in the field of international land transportation facilitation, through an initial set of Conventions,

which countries in the ESCAP region could accede to and implement.

A study undertaken by the secretariat in 2006, as requested by the Commission, concluded with

the proposal that three further international legal instruments be added to complement those

recommended by resolution 48/11:

■ The Protocol to the Convention on the Contract for the International Carriage of Goods by

Road, 1978;

■ The International Convention on the Simplification and Harmonization of Customs

Procedures, as Amended (Revised Kyoto Convention), 1999; and

■ The Convention on Temporary Admission (Istanbul Convention), 1990.

Together, the 10 international legal instruments can provide a consistent framework for

simplification and harmonization of regional facilitation initiatives in line with international standards.

Member countries that have not already done so need to consider acceding to the core

conventions as amended or, if this turns out to be a prolonged process due to internal procedures,

adopting the standards set in the conventions on the level of their national legislation as a transitional

measure.

Effective implementation of the international conventions is as equally important as accession to

the conventions. Member countries need to review the obligations of the international conventions

57

together with their existing legislation and practices, and to adjust, as appropriate, their legislation,

documentation and procedures relating to international road transport.

c. Subregional agreements

The key intention of subregional agreements in international road transport facilitation is to

open-up subregional traffic, harmonize and simplify formalities and procedures and establish common

standards while maintaining consistency with international conventions. Effective implementation of the

subregional agreements has become an important yet challenging task for most regional member

countries.

The implementation of the subregional agreements involves many ministries and authorities. It

also requires adjustments to domestic legislation, existing formalities and procedures, and functions of

some agencies and authorities. Strong political support from member countries is needed to implement

the agreements. Financial and technical support from international organizations and institutions is also

needed. Regional advocacy needs to be enhanced to help draw the attention of national Governments

and the international community to this important issue.

d. Bilateral agreements

In view of the difficulties that are faced by many countries in the region in the management and

implementation of numerous bilateral agreements on international road transport, a regional strategy may

be taken to apply international conventions and subregional agreements wherever possible using bilateral

agreements to cover the areas which cannot be realized through international conventions and

subregional agreements. The development of a model guideline with a recommended standard structure

for bilateral agreements on international road transport could assist member countries to better formulate

and implement multiple bilateral agreements while at the same time work toward greater harmonization.

2. Wider Applications of New Technologies

The application of new technologies including ICT applications can significantly enhance road

transport facilitation. Building modern border crossings and international road transport equipped with

new technologies and electronic declaration systems should be further promoted. The use of new

technologies for facilitation of border-crossing controls for international road transport is still relatively new

within the region. In order to make full use of these technologies for the facilitation of international road

transport, the necessary legislative adjustments, as well as the simplification of existing formalities and

procedures, need to be undertaken. The exchange of experiences within the region, with regards to

innovative and integrated applications of new technologies for clearances and inspections in international

road transport, can be promoted with the view of achieving greater levels of harmonization within the

region.

3. Development of Professional Training for International Road Transport

As the part of a regional strategic framework, professional training of all stakeholders, including

policy-makers, managers and drivers for international road transport needs to be developed to ensure

they are competent to fulfill their tasks in international operations. In the mid- and long-term prospect it is

desirable to establish national training institutions for national policy-makers, managers and drivers

undertaking international road transport. However, in South Asia and Southeast Asia, subregional

training institutions focusing on courses on subregional operations would be more helpful and effective in

the short term and help overcome some of the financial and capacity constraints. In Central Asia and

West Asia, with closer links to Europe, training for subregional operations may be undertaken in parallel

with courses for inter-regional operations.

58

The ESCAP secretariat could provide its assistance to the countries, defining main subjects to be

included into the curricula of training institutions, in order to promote setting of common standards in

professional training.

4. Establishment/strengthening of National Facilitation Coordination Mechanisms

A comprehensive and integrated approach with involvement of the relevant government

ministries/agencies and the private sector is required to effectively address transport facilitation

challenges. Such collaboration is crucial to the formulation and implementation of various facilitation

measures. Some countries in the ESCAP region have in place coordination mechanisms that could fulfill

all of the tasks required. They should be further strengthened to ensure that they are fully effective

mechanisms developed to promote an exchange of experience.

5. Promotion of Joint Control at Border Crossings

Joint control at border crossings at the bilateral level, including single window clearance, single

stop inspection, joint customs control, establishing priority clearance for certain kinds of goods

(e.g. perishable goods) on a reciprocal basis and reduction of control agencies at border crossings should

be promoted in line with international standards. However, the complexity of joint controls and differences

from border crossing to border crossing in the implementation of joint controls needs to be fully

recognized and specific comprehensive and detailed studies and designs for each border crossing need

to be undertaken before implementing joint control. Experience sharing in this regard among member

countries can help to ensure optimum design in terms of infrastructure and operations.

6. Promotion of Economic Zones at Border Crossings, Dry Ports and Logistics

Centres

The recent development of free economic zones and joint free economic zones at border

crossings, as well as dry ports and logistics centres, have provided new opportunities for control

authorities and road transport operators to overcome many difficulties in international road transport. The

potential benefits of such free economic zones, dry ports and logistics centres to the facilitation of

international road transport and logistics need to be exploited.

7. Further Application of Facilitation Tools

Facilitation tools such as the Time/Cost-Distance Methodology can help identify impediments to

international transport as well as possible remedies to alleviate the barriers. They should be further

expanded and promoted with the support of transport ministries, transport operators and other control

authorities. The use of such facilitation tools can help refine projects and measure benefits achieved.

59

ANNEX I. DEFINITIONS RELATING TO

INTERNATIONAL ROAD TRANSPORT

USED IN MULTILATERAL TREATIES

International Road Transport

1. Agreement on Interaction between CIS Member States in the Field of Road Transport, 2003

(Article 1)

“International road transport – carriage of goods by motor vehicles crossing the border of at least

one Party, including transit carriage through their territories;”

2. European Agreement concerning the International Carriage of Dangerous Goods by Road

(ADR), 1957 (Article 1)

“The term “international transport” shall mean any transport operation performed on the territory of

at least two Contracting Parties by vehicles defined in (a) above.”

3. Basic Multilateral Agreement on International Transport for Development of the Europe-the

Caucasus-Asia Corridor, 1998 (Article 2)

“ “International Transport” means the movement of goods or passengers by or in:

a) Road transport (including trailer and semi-trailer);

b) Railway transport;

c) Water transport;

d) Air transport;

e) Any container within the meaning of the Customs Convention on Containers;

f) Pipeline,

when the place of taking over the goods or passengers and the place designated for delivery, as

specified in the contract, are situated in two different countries, where at least one is Party to the

Basic Agreement, and includes storage in the course of transit.”

4. Draft Agreement between the Governments of the Shanghai Cooperation Organization

Member States on Facilitation of International Road Transport (Article 2)

“ “International road transport” shall refer to the transport of goods or passengers with road

vehicles, crossing at least one border of the Parties, including transport through their territory or

territories;”

Transit Transport

1. League of Nations Convention and Statute on Freedom of Transit, 1921 (Article 1)

“Persons, baggage and goods, and also vessels, coaching and goods stock, and other means of

transport, shall be deemed to be in transit across territory under the sovereignty or authority of

one of the Contracting States, when the passage across such territory, with or without

transshipment, warehousing, breaking bulk, or change in the mode of transport, is only a portion

of a complete journey, beginning and terminating beyond the frontier of the State across whose

territory the transit takes place.

Traffic of this nature is termed in this Statute “traffic in transit”.”

60

2. WTO General Agreement on Tariffs and Trade (GATT), 1994 (Article V. Freedom of Transit)

“Goods (including baggage), and also vessels and other means of transport, shall be deemed to

be in transit across the territory of a contracting party when the passage across such territory, with

or without transshipment, warehousing, breaking bulk, or change in the mode of transport, is only

a portion of a complete journey beginning and terminating beyond the frontier of the contracting

party across whose territory the traffic passes. Traffic of this nature is termed in this article “traffic

in transit”.”

3. ECO Transit Transport Framework Agreement, 1998 (Article 1)

“ “traffic in transit” means transit of persons, luggage, goods and means of transport on agreed

routes across the territory of one or more Contracting Parties when the passage across such

territory, with or without transshipment, warehousing, breaking bulk or change in the mode of

transport, is only a portion of a complete journey beginning or terminating in a Contracting Party.”

4. ASEAN Framework Agreement on the Facilitation of Goods in Transit, 1998

(Article 3)

“ “Transit transport” means transit of goods and means of transport across the territory of one or

more Contracting Parties, when the passage across such territory or territories, with or without

transshipment, warehousing, breaking bulk or change in the mode of transport, is only a portion of

a complete journey beginning and terminating beyond the frontier of one or more Contracting

Parties across whose territory the traffic passes.”

5. GMS Cross-border Transport Agreement, 1999 (Article 3)

“Transit Traffic: transport of goods across the territory of a Contracting Party when the passage

through this territory is only a portion of a complete journey starting and ending beyond the

frontiers of a Contracting Party across whose territory the traffic passes.”

Inter-State/Bilateral Transport

1. ASEAN Framework Agreement on the Facilitation of Inter-State Transport, 2009 (Article 3)

“Inter-State transport” means transport of goods and the movement of means of transport into

and/or from Contracting Parties.

2. Draft Model Bilateral Agreement between ECMT Member Countries on Road Transport,

1997 (Article 6)1

Transport between the territories of two Contracting Parties undertaken on the territory of

a Contracting Party by transport operators established on the territory of another Contracting

Party.2

1 Explanatory note on the model agreement states “the definitions pose particular difficulty. There are currently as many different

definitions as there are bilateral agreements. Definitions often vary according to the purpose and scope of the document. The

definitions have generally been taken from previous ECMT Resolutions and from Community law.”

“Country of establishment” means the territory of a Contracting Party within which the transport operator is established and thevehicle registered.2 Reformatted.

61

Transport to/from Third State

Draft Model Bilateral Agreement between ECMT Member Countries on Road Transport, 1997

(Article 6)

Transport, undertaken on the territory of a Contracting Party by transport operators established on

the territory of another Contracting Party, between a point on the territory of the first Contracting

Party and a point on the territory of a third State, providing that the journey includes the country of

establishment.3

3 Reformatted.

63

ANNEX II. STATUS OF ACCESSION OF ESCAP

REGIONAL MEMBERS TO THE

INTERNATIONAL CONVENTIONS

LISTED IN COMMISSION

RESOLUTION 48/11,

AS OF 15 August 2011

Country or area Convention Convention Customs Customs Customs International Convention

on Road on Road Convention Convention Convention Convention on the

Traffic Signs and on the on the on on the Contract

(1968) Signals International Temporary Containers Harmonization for the

(1968) Transport of Importation (1972) of Frontier International

Goods under of Controls of Carriage of

Cover of TIR Commercial Goods Goods by

Carnets Road (1982) Road

(1975) Vehicles (CMR)

(1956) (1956)

Group I: Mainland Asia

Afghanistan X x

Armenia θ θ θ θ θAzerbaijan θ θ θ θ θ θ θBangladesh

Bhutan

Cambodia x

China x

Democratic People’s

Republic of Korea

Georgia θ θ θ θ θ θIndia x

Islamic Republic of Iran x x X θ θKazakhstan θ θ θ θ θ θKyrgyzstan θ θ θ θ θ θ θLao People’s θ

Democratic Republic

Malaysia

Mongolia θ θ θ θ θMyanmar

Nepal

Pakistan x x

Republic of Korea S S X x

Russian Federation x x X x x x

Singapore x

Tajikistan θ θ θ θThailand S S

Turkey X θ x θ θTurkmenistan θ θ θ θUzbekistan θ θ θ θ θ θ θViet Nam

Group II: Island countries

Brunei Darussalam

Indonesia S S X x

Japan

Maldives

Philippines x x

Sri Lanka

Source: http://treaties.un.org/Pages/Treaties.aspx?id=11&subid=A&lang=enhttp://www.unece.org/trans/conventn/legalinst.html

Notes: x acceded before adoption of resolution 48/11.

θ acceded after adoption of resolution 48/11.

S signature.

65

ANNEX III. BRIEF INTRODUCTION TO

CONVENTIONS RELATED TO ROAD

TRANSPORT FACILITATION4

A. The Convention on Road Traffic, 1968

i) Overview

The Convention on Road Traffic, done in Vienna in 1968, aims to facilitate international road

traffic and increase road safety by adopting uniform road traffic rules. The Convention sets up commonly

agreed rules on all factors influencing international road traffic and safety, for both driver and vehicle, with

which the Contracting Parties must comply and ensure compliance. The Convention establishes that, in

general, and without affecting the right of a Contracting Party to make the admission of vehicles in their

territory subject to any applicable national law, Contracting Parties shall be bound to admit to their

territories in international traffic motor vehicles and drivers that fulfill the conditions laid down in the

Convention and to recognize vehicle registration certificates issued by other Contracting Parties. The

Convention also details the basic conditions for the admission of vehicles and drivers in international

traffic. This Convention is crucial for facilitating international road traffic, international transport and trade,

and tourism. In addition, implementing the Convention rules would provide a high level of road safety.

(Contracting Parties on 1 May 2011: 69 States, of which 13 ESCAP regional member countries

are Contracting Parties and 3 are signatories.)

ii) Objectives

■ To facilitate international road traffic,

■ To increase road safety,

Through internationally agreed traffic rules and the reciprocal recognition of documents issued in

conformity with those rules.

iii) Key provisions

■ Binds Contracting Parties to admit vehicles and drivers in international traffic on their

territory, but preserves their right to refuse it;

■ Establishes general and specific rules for drivers:

• To be at all times able to control their vehicles;

• Must hold a driving permit, issued after tests; and

• Driving rules: speed, distance, overtaking etc.

■ Defines rules of behaviour towards pedestrians, cyclists etc.;

■ Establishes general rules for vehicles:

• Must be registered, proved by a Registration Certificate; and

• To bear the distinguishing sign of the country of registration.

4 Source: ESCAP, Towards a Harmonized Legal Regime on Transport Facilitation in the ESCAP Region, 2007, with some editorialchanges and updates.

66

iv) Recent amendments

■ Prohibition of using hand-held mobile phone while driving; and

■ Introduction of new information in the driving permit.

v) Benefits

■ Establishes a set of agreed road traffic rules, reference for national traffic rules;

■ Reciprocal recognition of vehicle certificates and driving permits;

■ Facilitates international transport and tourism; and

■ Provides for road traffic safety.

B. The Convention on Road Signs and Signals, 1968

i) Overview

The Convention on Road Signs and Signals, done in Vienna in 1968, sets up a set of

commonly agreed road signs and signals. It classifies road signs in three categories: danger warning,

regulatory and informative, and provides for each of them definitions and physical appearance, including

dimensions, shapes and colours, graphic symbols and norms for ensuring their visibility and legibility.

The Convention also prescribes common norms for traffic light signals and signals for pedestrians.

Moreover, the Convention prescribes uniform conditions for road markings, signs for road works

and signals and gates for level crossings. Amendments, including new provisions regarding the legibility

of signs, priority at roundabouts and new signs to improve safety in tunnels, were adopted in 2003.

(Contracting Parties on 1 May 2011: 60 States, of which 12 ESCAP regional member countries

are Contracting Parties and 3 are signatories.)

ii) Objectives

■ To facilitate international road traffic; and

■ To increase road safety, through internationally agreed road traffic signs and signals.

iii) Key provisions

■ Defines three categories of road signs:

• Danger Warning, Regulatory, Informative.

■ Establishes norms on shapes, dimensions, colours, visibility;

■ Establishes norms on traffic light signals, road markings; and

■ Defines road works and level crossings signs.

iv) Benefits

■ Defines over 200 reference road signs and signals;

■ Facilitates international road traffic, trade, tourism through harmonization; and

■ Provides for road traffic safety through education based on common standards.

67

C. The Customs Convention on the International Transport of Goods under

Cover of TIR Carnets (TIR Convention), 1975

i) Overview

The Customs Convention on the International Transport of Goods under Cover of TIR

Carnets (TIR Convention), of 1975, sets up the procedure that permits the international carriage of

goods by road vehicles or containers from one Customs office of departure to a Customs office of arrival,

through as many countries as necessary, without the intermediate physical check of the goods carried

and without the deposit of a financial guarantee at each border. The procedure includes the use of

secure vehicles or containers that have to be approved by authorities according to the standards

prescribed in the Convention in order to be used for TIR operations.

It also includes an international guarantee chain to cover duties and taxes at risk throughout the

journey and whereby in each Party a duly authorized association provides a guarantee towards national

competent authorities. In addition, the goods are accompanied by an international Customs document,

the TIR Carnet, which certifies the contents of the cargo as checked at the Customs office of departure

and which is also a guarantee document. The Customs authorities at intermediate borders recognize the

inspections performed at the Customs office of departure, trust the information contained in the TIR

Carnet, and do not undertake physical checks except in justified cases. The procedure also foresees

controlled access to the TIR System and the exclusion from the system of operators that misuse it for

illegal purposes. An electronic control system for TIR Carnets (SafeTIR) was developed by the private

sector to strengthen the security of the TIR. It uses an international computer network and dedicated

software, supporting efforts of the players involved in the TIR system, including Customs, to ensure better

risk management.

(Contracting Parties on 1 May 2011: 68 States and the European Community, including 15

ESCAP regional member countries.

ii) Objective

■ To facilitate the seamless international carriage of goods by road vehicles/containers across

one or more borders, through a carefully designed border crossing procedure and an

international guarantee chain, in partnership between public and private sectors.

iii) Key provisions

■ Goods can be transported under the TIR regime only in secure, approved load compartment

of vehicles or in secure containers;

■ An international guarantee system is covering all the transports under the TIR Carnets;

■ Mutual recognition of Customs controls: the control made at the Customs office of departure

and the corresponding stamp and seals are recognized by all the Customs offices en route;

■ The TIR Carnet is both a Customs and a guarantee document; the guarantee provided

amounts to a recommended maximum of USD 50,000;

■ Controlled access of operators to the TIR System: only trustworthy operators can become

TIR Carnet holders; and

■ SafeTIR electronic control system to strengthen the security of the TIR System through an

electronic monitoring of the TIR Carnet lifecycle.

68

iv) Benefits

■ No need for inspection of goods at intermediate borders, as the validity of Customs control at

origin is recognized by all Customs en route;

■ No need for payment of taxes and duties en route, as the TIR Carnet represents a guarantee

for those taxes and duties;

■ Reduced border delays, transport costs and import/export costs; and

■ Increased competitiveness and growth.

D. The Customs Convention on the Temporary Importation of Commercial

Road Vehicles, 1956

The Customs Convention on the Temporary Importation of Private Road Vehicles, 1954

i) Overview

The Customs Convention on the Temporary Importation of Commercial Road Vehicles, of

1956, facilitates the temporary admission into a country Party to the Convention of commercial road

vehicles registered in another country also Party to the Convention without payment of import duties and

taxes for the vehicle. The Convention introduces a standardized procedure and provides for an

internationally recognized document, which replace national procedures and documents, often different

from one country to another. The transit system created by this Convention is almost identical to the TIR

System.

The Convention sets up the principle of temporary importation of such vehicles under cover of the

international document, Carnet de Passage en Douane (CPD). These Carnets guarantee payment of

import duties and taxes of the vehicles to national competent authorities if the vehicle that has been

temporarily admitted is not re-exported. The CPDs are issued by authorized organizations or

associations, which guarantee the payment. The Convention describes the functioning of the temporary

importation procedures and the documents to be used as well as claims procedures to be applied when

the exportation of vehicles has not been done within the time limits prescribed. The procedure also

avoids the operation of national guarantee systems, as all taxes and duties are covered. As a result, the

Convention helps minimize procedures and delays at border crossings.

(Contracting Parties on 1 May 2011: 41 States and the European Community, including 7 ESCAP

regional member countries.)

The Customs Convention on the Temporary Importation of Private Road Vehicles, of 1954,

facilitates the temporary admission into a country Party to the Convention of private road vehicles

registered in another country, also Party to the Convention, without payment of import duties and taxes for

the vehicles. The principles of this Convention are the same as those concerning the commercial road

vehicles.

(Contracting Parties on 1 May 2011: 80 States and the European Community, including 14

ESCAP regional member countries.)

ii) Objective

■ To facilitate temporary admission of commercial/private road vehicles registered in another

country; and

■ Through agreed procedures and in partnership between the public and private sectors.

69

iii) Key provisions

■ Creates the Carnet de Passage en Douane, an international Customs document and

guarantees vehicle duties and taxes if the vehicle is not re-exported; and

■ Establishes procedures for temporary importation, including for claims if no re-exportation of

the vehicle takes place.

iv) Benefits

■ Internationally agreed procedure for temporary importation of vehicles and for dealing with

claims;

■ No need for payment of vehicle import duties and taxes, as these are guaranteed by the

international guarantee chain through the CPD Carnet;

■ Fewer border delays and lower border costs;

■ Lower transport and export/import costs; and

■ Growth in tourism, as the facilities for commercial vehicles also apply to bus and coach

transport of persons for remuneration.

E. The Customs Convention on Containers, 1972

i) Overview

The Customs Convention on Containers, of 1972, facilitates the movements of containers in

international transport by deferring payment of duties and taxes and without producing Customs

documents for the temporary use in a Contracting Party of containers registered in another Contracting

Party. Customs authorities can avoid the organization of national documentary systems if they so wish

and the administration of national guarantee systems. However, Customs authorities retain the right,

under certain circumstances, to require the furnishing of a form of security and/or the production of

Customs documents. In the case that control measures are to be carried out, Customs authorities can

request to check the records kept by container operators or their representatives in the country as regards

all container movements. Thus, the Convention provides Customs authorities with a flexible instrument to

reduce administrative work while safeguarding, at the same time, Customs control.

As the Convention also provides for the possibility to use temporarily imported containers one

single time for internal traffic before re-exportation, the container transport operators are advantaged

because not only they avoid the deposit of large sums and the delays in border crossing procedures, but

are also able to react in a flexible manner to emerging transport needs.

The Convention has been elaborated under the auspices of the ECE but its administration was

transferred to the WCO; however, it remains a United Nations Convention.

(Contracting Parties on 1 May 2011: 38 States, including 11 ESCAP regional member countries.)

ii) Objective

■ To facilitate the temporary admission in a country of containers registered in another country

by deferring payment of duties and taxes.

70

iii) Key provisions

■ Common temporary admission procedures;

■ No document requirements but clear rules for identification;

■ Undertaking by owner provides guarantee for payment of Customs duties and taxes in case

container is not re-exported; and

■ Prescriptions for secure sealing and use.

iv) Benefits

■ Minimum border procedures, deferred payment of Customs duties and taxes;

■ Recovery of Customs duties and taxes if container not re-exported; and

■ Facilitates international transport of goods.

F. The International Convention on the Harmonization of Frontier Controls of

Goods, 1982

i) Overview

The International Convention on the Harmonization of Frontier Controls of Goods, of 1982,

aims at facilitating border crossing in international transport of goods by harmonizing and reducing the

requirements for completing formalities, as well as reducing the number and duration of border controls.

The Convention is effectively a statement of good practice and establishes the procedures for carrying out

efficiently all types of controls that may be necessary at borders, including Customs controls, medico-

sanitary inspections, veterinary inspections, phyto-sanitary inspections, controls of compliance with

technical standards and quality controls. Procedures largely call for facilitation through national

cooperation and coordination of the various services among them, as well as through international

cooperation between the respective border services of the adjacent countries. At the same time, the

Convention does not preclude the application of the prohibitions or restrictions relating to importation,

exportation, or transit, imposed for reasons of public order, and in particular public safety, morality, and

health, or for the protection of the environment, of cultural heritage or industrial, commercial and

intellectual property.

The Convention foresees measures that include joint controls of goods and documents through

the provision of shared facilities, same opening hours and same types of services at the same border.

These procedures apply to all goods being imported, exported or in transit and to all modes of transport.

The Convention is foreseen for global application and provides for a reduction in the number and duration

of all types of controls and best practices for efficient controls of goods at border crossings. It aims at

promoting the one-stop-shop principle for border controls. If properly implemented the Convention

reduces border delays, which results in lower transport costs and, therefore, in lower export and import

costs.

(Contracting Parties on 1 May 2011: 54 States and the European Community, including 11 ESCAP

regional member countries.)

ii) Objective

■ To facilitate cross-border transport of goods through nationally coordinated, internationally

harmonized, shorter, reduced formalities and controls on goods at borders.

71

iii) Key provisions

■ Procedures for efficient border controls:

• Customs, medico-sanitary, veterinary, phyto-sanitary, compliance with technical

standards, etc.

■ Coordination among various national services;

■ Cooperation and coordination between border services of adjacent countries, including:

• Joint controls, harmonized opening hours, same controls, etc.

■ The newly added Annex 8 to the Convention covers the following aspects:

• Facilitation of visa procedures for professional drivers;

• Operational measures to speed-up border crossing procedures for goods, particularly

for urgent consignments, such as live animals and perishable goods;

• Harmonized technical provisions relating to faster control of road vehicles (technical

inspections) and equipment used for transport of goods under controlled temperatures;

• Standardized weighing operations and procedures to avoid, to the extent possible,

repetitive weighing procedures at border crossings;

• Minimum infrastructure requirements for efficient border crossing points; and

• Monitoring provisions facilitating appropriate implementation of the Annex in all

Contracting Parties to the Convention.

iv) Benefits

■ Fewer border delays and lower costs for carriers and export/import;

■ Lower border operating costs for State budget; and

■ More efficient investments in border facilities.

G. The Convention on the Contract for the International Carriage of Goods by

Road (CMR)

i) Overview

The Convention on the Contract for the International Carriage of Goods by Road (CMR),

done in Geneva on 19 May 1956, facilitates international road transport by providing a common transport

contract, including a common Consignment Note and harmonized liability limits. The CMR fixes the

conditions governing the contract for the international carriage of goods by road between the carrier and

the forwarder and sets the conditions of liability of the carrier in case of total or partial loss of goods. The

CMR belongs to private law and has no direct implications for Government, however, in order for transport

operators to implement the Convention, it must be included in national legislation.

(Contracting Parties on 1 May 2011: 55 States, including 12 ESCAP regional member countries.)

The Protocol to the Convention on the Contract for the International Carriage of Goods by

Road, 1978, modifies the provisions concerning the liability of the carrier for compensation in respect of

loss of goods, set out in Article 23 of the Convention. Concretely, the Franc, outdated as a reference for

determining currency conversions, is replaced by Special Drawing Rights (SDR) as the currency to

reference when calculating the compensation that is payable by road transport carriers.

72

(Contracting Parties to this Protocol, on 1 May 2011: 41 States, including seven ESCAP regional

member countries.)

In order to facilitate the optional making out of the consignment note by means of procedures

used for the electronic recording and handling of data, the Contracting Parties approved in October 2007,

a new Protocol supplementing the Convention. Subject to the provisions of this Protocol, the

consignment note referred to in the Convention, as well as any demand, declaration, instruction, request,

reservation or other communication relating to the performance of a contract of carriage to which the

Convention applies, may be made out by electronic communication. An electronic consignment note that

complies with the provisions of this Protocol shall be considered an equivalent to the consignment note

referred to in the Convention and shall therefore have the same evidentiary value and produce the same

effects as that consignment note.

ii) Objectives

■ To facilitate international road transport through a commonly agreed transport contract,

including contract document and liabilities.

iii) Key provisions

■ Defines contract conditions:

• The contract document: the consignment note;

• Fixes carrier’s liability limits in case of total or partial loss of goods or delay.

■ The e-consignment note has just been approved.

iv) Benefits

■ Fair competition between carriers, and

■ Lower international road transport costs, including insurance costs.

H. The International Convention on the Simplification and Harmonization of

Customs Procedures, as Amended (Revised Kyoto Convention), 1999

i) Overview

The Revised Kyoto Convention on Simplification and Harmonization of Customs Pro-

cedures entered into force on 3 February 2006. The entry into force of this legal instrument, with

major countries being Contracting Parties thereto, could effectively mean that around 80 per cent of

international trade will be facilitated by its provisions. The revised Kyoto Convention has incorporated

important modern concepts, which include the application of new technology, the implementation of new

philosophies of Customs control and the establishment of a partnership between Customs and the

business community.

Customs administrations under the revised Kyoto Convention are committed to provide

transparency and predictability of actions, to adopt the use of risk management techniques and to take

measures to coordinate their work with the control functions of other agencies. In addition to the key

provisions, the Kyoto Convention provides implementation guidelines and ensures that the principles of

simplification and modernization contained in the Convention are applied effectively by Customs

administrations. The Convention is composed of a Body, a General Annex and ten Specific Annexes.

The Specific Annexes A-K relate to particular Customs formalities, such as importation, exportation,

Customs warehouses and free zones, transit, processing, temporary admission and rules of origin.

73

Annex E, relating to Customs transit by all modes of transport is of particular relevance to intra-regional

trade and the transit trade for landlocked countries.

(Contracting Parties on 18 January 2011: 72 States and the European Community, including 16


ii) Objective

■ To provide an international legal framework for the development of global Customs

procedures;

■ To promote international trade by removing divergence between Customs procedures and

practices, ensuring appropriate standards of Customs control; and

■ To achieve a high degree of simplification and harmonization of Customs procedures and

practices among trading nations.

iii) Key provisions

■ The maximum use of automated systems including electronic fund transfer;

■ Risk management techniques (including risk assessment and selectivity of controls);

■ The use of pre-arrival information to drive programmes of selectivity;

■ Customs interventions coordinated with other agencies;

■ Making information on Customs requirements, laws, rules and regulations easily accessible

to the general public;

■ Providing a system of appeals in Customs matters; and

■ Establish formal consultative relationships between Customs and trade, including transport.

The legal framework of the revised Kyoto Convention is contained in the General Annex and the

Specific Annexes. The General Annex lays down three basic principles, namely that:

■ The Definitions, Standards and Transitional Standards in this Annex shall apply to Customs

procedures and practices specified in this Annex and, insofar as applicable, to procedures

and practices in the Specific Annexes;

■ The conditions to be fulfilled and Customs formalities to be accomplished for procedures and

practices in this Annex and in the Specific Annexes shall be specified in national legislation

and shall be as simple as possible; and

■ The Customs shall institute and maintain formal consultative relationships with the trade to

increase cooperation and facilitate participation in establishing the most effective methods of

working commensurate with national provisions and international agreements.

The key provisions in the General Annex also relate, among others, to:

■ Clearance and other Customs formalities which include designation of Customs offices,

specification and conditions related to declarants, rights of declarants, goods declaration

formats, documents required to support goods declaration, lodgment, registration and

checking of goods declaration, and examination of goods;

■ Assessment, collection and payment of duties and taxes;

■ Deferred payment of duties and taxes;

74

■ Repayment of taxes and duties when it is established that duties and taxes have been

overcharged as a result of an error in their assessment;

■ Security (guarantee): national legislation shall enumerate the cases in which security is

required and shall specify the forms in which security is to be provided;

■ Customs control with the injunction that Customs control shall be limited to that necessary to

ensure compliance with the Customs law;

■ Application of information technology with the requirement that the introduction of information

technology shall be carried out to the greatest extent possible in consultations with all

relevant parties directly concerned;

■ Relationship between the Customs and third parties, i.e. persons concerned shall have the

choice of transacting business with the Customs either directly or by designating a third party

to act on their behalf;

■ Information of general application pertaining to Customs law to be readily available; and

■ Right of appeal in Customs matters.

iv) Benefits

■ Facilitation of international trade and implicitly transport;

■ The maximum use of information technology and standardized and simplified procedures

enable goods to move faster across national borders reducing the need to maintain security

or buffer stocks;

■ The application of risk management techniques reduces the work load of Customs officials;

and

■ The use of electronic fund transfers and the establishment of formal consultative relations

with the business community will be of significant benefit to the business community and in

particular to traders and transport operators.

I Convention on Temporary Admission (Istanbul Convention), 1990

i) Overview

The Convention on Temporary Admission (Istanbul Convention), 1990, is a legal instrument

dedicated to temporary admission procedures, as it was considered that too many instruments on

temporary admission existed. The Istanbul Convention addresses this issue effectively by providing

uniform provisions for temporary admission of goods of all kinds (products for trade fairs and exhibitions,

traded goods, commercial and tourist vehicles). It seeks to provide uniform provisions in respect of

temporary admission through the adoption of a single instrument combining all existing Conventions on

temporary admission. The different subjects covered by other Conventions, such as (i) products to trade

fairs, (ii) goods in transit, by all modes of transport, (iii) commercial vehicles, and (iv) private road

vehicles, are covered in separate Annexes to the Istanbul Convention.

Under the temporary importation regime of the Istanbul Convention, goods are imported without

payment of Customs duties and taxes, subject to their re-exportation and subject to the production of ATA

Carnets (Admission Temporaire/Temporary Admission) which must be issued by national associations

approved by Customs and which must be affiliated with an international guaranteeing chain administered

by the ICC World Chambers Federation (Until June 2001, the International Bureau of Chambers of

Commerce). This arrangement for administering the guaranteeing chain is convenient for many

countries, since their national chambers of commerce are members of the International Chamber of

Commerce.

75

The Istanbul Convention offers the business community considerable simplification of Customs

procedures while providing Customs Administrations with adequate security against potential tax evasion.

(Contracting Parties on 30 June 2010: 57 States and the European Community, including nine


ii) Objective

■ Replace the existing international Customs Conventions on temporary admission and

regulate internationally all the categories of temporary admission;

■ Facilitate the accomplishment of temporary admission formalities; and

■ Simplify and harmonize Customs procedures and, in particular, the adoption of a single

international instrument combining all existing Conventions on temporary admission.

iii) Key provisions

■ A single international legal instrument for the simplification and harmonization of temporary

formalities, replacing all existing Conventions or recommendations dealing solely or

principally with temporary admission;

■ Each Annex authorizes the temporary admission of goods imported for a specific purpose,

e.g. Annex B.1 covers goods for display or use at fairs or exhibitions;

■ Goods imported duty free cannot remain indefinitely in the country of temporary importation.

The period fixed for re-exportation is laid down in the Annex;

■ Goods must be re-exported in the same state. They must not undergo any change during

their stay in the country of temporary importation, except normal depreciation due to the use

made of them; and

■ Economic prohibitions or restrictions at importation are not applied since such constraints

generally relate to goods cleared for home use, thus serving as a national protection

measure.

iv) Benefits

■ Uniform provisions in respect of temporary admission, resulting in a high degree of

simplification and harmonization of Customs procedures;

■ Facilitation of temporary admission in pursuit of economic, humanitarian, cultural, social or

touring objectives; and

■ Standardized model temporary admission papers as international Customs documents with

international guarantee, facilitating the temporary admission procedure where a Customs

document and a guarantee are required.

v) The ATA Carnet

The ATA Carnet system under the Istanbul Convention replaces national Customs formalities for

temporary admission or transit, thus saving the cost of clearing goods at each frontier. Any duties and

taxes that may become due are guaranteed simply by the presentation of the Carnet and its acceptance

by Customs offices. There is therefore no need to furnish a cash deposit or other form of security.

The ATA Carnet covers the transport of goods in Customs transit while en route to or returning

from a country of temporary importation and, where applicable, within that country. For the period of

validity of the ATA Carnet (normally one year), the goods can be temporarily imported under the same

76

Carnet in the Customs territories of as many Contracting Parties, and as often as the Carnet holder

wishes. The seals and identification placed on goods by a given Customs office are recognized by the

Customs offices of the other Contracting Parties through which the goods subsequently pass. This

reduces the workload of Customs and saves the Carnet holder time when goods cross frontiers. The ATA

international guarantee chain provides reciprocal guarantees assuring Customs administrations that

duties and taxes due will be paid in the case of misuse.

Fees for the Carnet vary according country. They are determined by the value of the goods, the

number of countries to be visited, plus any additional costs for security, insurance or other services. Fees

will always represent a small fraction of the value of the goods covered by the Carnet.

Each country in the system has a single guaranteeing body approved by the national Customs

authorities and the International Bureau of Chambers of Commerce. The national guaranteeing

association is entitled to issue Carnets and to authorize local chambers on the national territories to issue

the Carnets on its behalf. In major trading nations, dozens of local chambers have such authority.

Within the International Chamber of Commerce, the World ATA Carnet Council runs the ATA

system and its international guarantee chain. The Council is made up of representatives from all

countries and territories where Carnets are issued and accepted.

77

ANNEX IV. MAIN ELEMENTS AND ANALYSIS OF

BILATERAL AGREEMENTS ON

INTERNATIONAL ROAD TRANSPORT

IN THE ESCAP REGION

A. General Provisions

i. Scope of application

In the past, bilateral agreements on transit focused primarily on transport of goods. A general

trend in current agreements on road transport is to cove transit and inter-state transport for both goods

and passenger transport. This reflects the demand of coastal countries on transit overland through

landlocked countries with opening of land borders for trade and transport.

Some agreements also include scheduled and non-scheduled passenger services. Generally, the

agreements require to undertake transport by vehicles registered in the territories of two contracting

parties to an agreement, which is also indicated in scope of application of most bilateral agreements.

B. Arrangements for Transport

i. Traffic rights

Traditionally transit countries granted transit rights to their neighbouring landlocked countries.

Presently many bilateral agreements on road transport have combined inter-state transport with transit

transport.

Some bilateral agreements clearly indicate traffic rights while others imply such rights without

direct of them. As a legal instrument, clear and direct indication of traffic rights has many advantages for

the operation of an agreement.

In many cases, traffic rights are indicated concisely with the provisions for scope of their

application.

The agreements are diverse when it comes to the rights for carriage of goods or passengers

between one contracting party and a third country. A few agreements grant such rights, while others

either require special permits or forbid such transport altogether.

ii. Internal transport or cabotage

Most agreements forbid carriage of goods and passengers within the territory of a Contracting

Party by carriers established on the territory of another Contracting Party. In rare cases, such transport is

permitted in view of the scarce transport capacity of one or two of the Contracting Parties or due to the

highly integrated economies of the two Contracting Parties.

iii. Designation of transport routes, border crossings and ports

Most countries within the ESCAP region require vehicles to follow designated transport routes and

use designated border crossings. Some agreements indicate the routes in the agreement bodies while

others leave them to protocol for implementation, or to the consultation of the competent authorities

78

designated in the agreement. Some agreements indicate ports that are open for landlocked countries, if

one of the Contracting Parties is a landlocked country and another a coastal country.

It is a more efficient approach to list transport routes in a protocol to an agreement, or by means

of consultation between competent authorities, as it does not need amendment to the agreement when

the routes are changed, modified or added.

iv. Conditions for transport

Bilateral agreements on transport uniformly require transport by vehicles registered in the

territories of the Contracting Parties. Some designate selected carriers, and at times, only one carrier

from each Contracting Party.

The agreements usually allow the competent authorities to consult and decide routes, stops, time

schedules, fares, frequency and carriers of scheduled passenger transport.

The Contracting Parties adopt different transport permit systems, depending on the respective

policies concerning market access and the economic relationship of the respective Parties, which include

transport permits with equal quota, transport permits without quota or a more liberalized system without

permits.

Most bilateral agreements require transport documents printed in two national languages and

filled out in a national language. Some require official translations to certified by competent authorities.

The agreements have not set up a system on detailed criteria for carriers, such as professional

capability, financial capacity and performance records.

v. Carriage of dangerous goods and special goods

Many bilateral agreements provide for a special additional permit issued by the competent

authority in the host country to undertake the carriage of dangerous goods. They usually also require

vehicles carrying dangerous goods to travel on specified routes if such routes are included in the special

permit.

Some agreements are silent on this issue. This is explained by the fact that, when the

agreements explicitly state that domestic legislation will apply for those issues not covered within a given

agreement, the Contracting Parties defer to domestic laws.

In rare cases, the agreements list goods forbidden for carriage according to domestic legislation,

such as arms, ammunition, military equipment, explosive and other dangerous and harmful substances.

In such case, the agreements normally indicate exceptions, such as special cases permitted by bilateral

and multilateral agreements. Most agreements leave this issue to domestic legislation or other

agreements.

vi. Representative office or branch of carrier

Permission for the establishment of a representative office of a carrier that is registered in another

Contracting Party is stipulated by some agreements. This helps carriers to become familiar with local

laws, respond quickly to changes in local laws, provide guarantee for their vehicles, assist in the handling

of accidents when their vehicles or crew are involved, assist their crew and passengers should they

become ill, and deal with any problems which may arise during the transport process. The representative

office is not involved in business operations such as the collection and handling of goods and the sale of

bus tickets. Some agreements are more liberalized and allow the establishment of a branch of a foreign

carrier.

79

Some agreements do not include such provisions due to misunderstanding of the representative

office as the branch of the company that is directly involved in business operation. Such

misunderstanding causes concerns over market competition or difficulties with relevant domestic

legislation. However, for the sake of better implementation of agreements, it is beneficial for two

Contracting Parties to permit the establishment of such offices. This will facilitate the operations of both

the carriers and the competent authorities to better manage foreign vehicles and drivers. Furthermore,

such proximity is beneficial for handling emergencies and also reducing unnecessary misunderstanding

during the implementation process of agreements.

vii. Technical requirements of vehicles

The technical requirements of vehicles in bilateral agreements consist of roadworthiness,

dimensions and weight.

The roadworthiness of a vehicle is verified with a registration/inspection book in the home country.

Normally the Contracting Parties mutually recognize domestic registration/inspection and plate with the

distinguishing signs of the countries. Under the Convention on Road Traffic, 1968, country-specific

distinguishing signs can be used.

Some agreements set requirements for the capacity of passenger vehicles for international

transport; such requirements are usually reflected in the definitions of the agreements.

Bilateral agreements for the most part presume the application of national standards and

regulations for dimensions and weight. However, there are cases when subregional standards are

applied. In the case of the carriage of special goods, such as a large power generator, which are

oversized or overweight but cannot be divided, the agreements usually make allowance with the special

permission of the competent authority of the host country. Oversized or overweight goods are required to

travel on a specified route, as measures must be taken to avoid damages to road infrastructure and

facilities.

viii. Compulsory insurance of vehicles

The majority of agreements require a minimum of third-party insurance coverage for a vehicle

thereby ensuring appropriate compensation to persons in the host country in the event of damage caused

by a foreign vehicle. Furthermore, some agreements require that such insurance arrangements be made

prior to entry into the territory of a Contracting Party.

A few agreements are silent on this issue. If the countries have a separate agreement on this

issue, then such an agreement can be applied. Otherwise, national law may be applied if the agreement

calls for the application of domestic legislation for those issues that are not covered within the agreement.

If requirements of domestic legislation in the two Contracting Parties are different or lower than third-party

insurance, the Contracting Parties may face problems in the settlement of accidents during the

implementation of the agreement.

As most agreements require insurance from the home country of vehicles, traffic accidents cannot

be efficiently settled when they occur in a host country. Some countries require carriers to buy short-term

insurance at border crossings to cover the period of stay in the host country, meaning that drivers must

carry cash for such payments and as well as go through one more procedure when crossing a border.

Inter-country cooperation on the insurance of vehicles is needed in order to simplify the border crossing

process.

80

ix. Driving permits

Most bilateral agreements adopt mutual recognition of valid domestic driving permits or

international driving permits for the type of vehicles in use. Some agreements go further and unify the

format of domestic driving permits to be in line with international standards as contained in the

Convention on Road Traffic, 1968. A number of agreements require a translation of domestic driving

permit, certified by the competent authorities.

x. Taxes and charges

Apart from the various charges for crossing a border collected by different authorities, there are

three types of taxes and charges which are relevant to international road transport: taxes on possession

and use of a vehicle, taxes on revenues from transport, and taxes or charges on the use of roads. It is

a general practice for countries to exempt the tax on possession and use of a vehicle, as foreign vehicles

are temporarily admitted for transport and have paid such taxes in their home countries. Taxes on

revenues from transport of foreign carriers will depend on the individual policy of a given country or

specific agreements on the mutual exemption of taxes on revenues as practiced by many countries.

Some agreements generously exempt such taxes and other stress imposing them. Avoidance of dual

payment of taxes by two countries is important for transporters to continue their services for trade with

appropriate profits.

Taxes and charges for the use of roads vary from country to country. Some countries do not

impose any such tax or charge while others collect one or more types, such as tolls on roads, tunnels and

bridges, fuel taxes, maintenance fees and surcharges for road construction. As more and more roads

and other infrastructure are built or improved with commercial loans or private investment, governments

may not have rights to exempt road tolls. Meanwhile, fuel taxes are inclusive of fuel prices and return of

fuel taxes needs special arrangement. Therefore, some recent agreements stress the payment of these

taxes and charges.

xi. Payment

The payment of carriage of goods or passengers is not a problem for most countries. If the

countries have strict control over international financial flows or foreign exchanges, arrangements need to

be made in the agreement so that transporters are able obtain appropriate payment in their home country,

in an appropriate currency that can also be circulated or exchanged in their home country. Some

agreements have included such provisions.

xii. Safety and security

Three issues are relevant to safety and security of international transport, namely traffic rules, the

security of goods, passengers, vehicles and crew, and settlement of accidents. Bilateral agreements

require vehicles and drivers to observe local traffic rules. They grant rights of settlement of an accident to

the competent authority in the place where the accident takes place. Meanwhile they require the

competent authority to inform their counterpart in the vehicle’s home country of the accident and

settlement. All necessary assistance to the injured in accidents has not been often seen but is receiving

more attention.

Transport security has generally not been a concern for most Asian countries. However, with an

increase in the number of cases of attacks to transport means and with a loss of goods and vehicles, this

issue is being drawn to the attention of the countries.

81

xiii. Environment

A few agreements require carriers to protect the environment in the process of transport.

However, most countries have not required emission controls and other environmental criteria. With

increasing awareness of environmental and global initiatives on the reduction of CO2 emission in an effort

to mitigate climate change, such provisions will be considered by the countries in the future.

C. Customs and Other Controls

i. Temporary importation of vehicles

The temporary importation of vehicles is generally under the control of Customs. As vehicles are

integral for transport, this issue is also dealt with in the bilateral agreements on transport.

Generally speaking, the agreements grant exemption of duties and taxes for vehicles, fuel in

factory built-in tanks which are an integral part of the engine fuel supply system, fuel in factory built-in

tanks of trailers and semi-trailers as part of their heating and cooling system, lubricant necessary for

journey, and spare parts and tools for the repair of the vehicle. They also require the re-export of unused

spare parts and that replaced parts be handed over or destroyed, in accordance with domestic the

legislation of the Contracting Party concerned.

However, nearly all bilateral agreements fail to institutionalize ways to realize the “mutual

exemption”. Instead they give liberty to Customs authorities to decide. Some countries require

a guarantee of the carrier through a local agent, of cash or bond deposit, or lump sum.

The Customs Convention on the Temporary Importation of Commercial Road Vehicles, 1956, the

Customs Convention on the Temporary Importation of Private Road Vehicles, 1954, and the WCO

Convention on Temporary Admission 19905 (Istanbul Convention, Annex C), are useful tools for the

countries to arrange the temporary importation of vehicles. If the two Contracting Parties of an agreement

have ratified the afore-mentioned three Conventions, the provision on temporary importation of vehicles is

not necessary in a bilateral agreement.

ii. Personal effects of driver and crew

Most bilateral agreements are silent on this issue. The Istanbul Convention (Annex B6) is also

a useful tool for countries to arrange temporary importation of necessary personal effects of driver and

crew during their travel. If the two Contracting Parties of an agreement have ratified the Annex B6 to the

Istanbul Convention, the provision on such temporary importation is not necessary in a bilateral

agreement.

iii. Visa for driver and crew

Visa issue relies on bilateral consular arrangement. This is a long-time outstanding issue for

drivers of road vehicles for many countries across the region. Most drivers experience difficulties with

regard to entry visas and their length of stay in other countries.

Some agreements simply require drivers to prepare travel documents and obtain visa prior to

entry into other countries. Most agreements are silent on this issue.

5 In the arrangements for temporary importation of vehicles, it is equivalent to the Customs Convention on the TemporaryImportation of Commercial Road Vehicles, 1956 and the Customs Convention on the Temporary Importation of Private RoadVehicles, 1954.

82

iv. Overall Customs Controls and Other Controls

Overall Customs controls and other controls over vehicles, drivers, goods and passengers are

much beyond the capacity of the transport sector alone, but nevertheless are important to transport.

International conventions or agreements generally focus on areas such as the WCO Revised Kyoto

Convention, WTO Agreements on Technical Barriers to Trade and Application of Sanitary and Phyto-

sanitary Measures, as well as the standards of the World Health Organization (WHO) and the Food and

Agriculture Organization (FAO). Subregional agreements are also trying to address the issues of these

conventions and organizations. Many countries have signed agreements on these issues.

The bilateral agreements on transport recognize international conventions/agreements and

standards. Meanwhile they express their desire for priority clearance of sick people, livestock, perishable

goods and dangerous goods, and buses in view of the need of expeditious transport.

D. Miscellaneous provisions

i. Application of domestic legislation

Many bilateral agreements follow the general practice of international treaties of deferring to

domestic legislation on all matters not stipulated in an agreement Agreements normally require carriers,

drivers and vehicles to observe local laws and regulations.

Some agreements adopt a simpler approach and only require carriers, drivers and vehicles to

observe local laws and regulations. This may have contradictions with some provisions in the

agreements, for example with regard to taxes and charges on the possession of vehicles and payments,

which may require exceptional arrangements for carriers in the agreements that are outside of the local

laws and regulations.

ii. Infringement

Most bilateral agreements allow the authorities of the host country to take action on infringement

in their territories with notice to the competent authorities of home countries. A few agreements provide

details of the action to be taken against a carrier that has committed an infringement, such as a warning

or a suspension of a permit temporarily, in part or wholly.

This is a sensitive issue for both carriers and drivers and a cause of numerous disputes between

countries. Some countries accuse others of abuse of power by, for example, intentionally making

difficulties for foreign carriers or by using such an allowance as a tool for extracting informal payments.

Existing agreements have not solved this issue. A solution by means of a legal instrument is very difficult.

Non-discrimination and transparency are helpful principles for the improvement of such difficult situations.

iii. Competent authorities

Many of the bilateral agreements on transport designate the ministries on transport as competent

authorities. Some agreements designate several ministries and assign them to specific relevant

provisions of the agreements. This issue depends upon the institutional structures of the Contracting

Parties and their capacity for inter-ministry coordination. Contracting Parties must find efficient and

effective ways of implementing their agreements according their respective national contexts.

iv. Cooperation and coordination

Effective implementation of agreements is key to success. Many unforeseen issues will arise

from the implementation process, therefore cooperation and coordination between the Contracting Parties

83

is crucial. Some agreements establish a mechanism in the form of a joint commission or committee to

coordinate the implementation process. Other agreements establish less formal institutional mechanisms

through regular meetings of the competent authorities.

The absence of such arrangements may have a negative impact when it becomes necessary to

find solutions to problems arising during the implementation of an agreement. Depending upon foreseen

traffic volume, the negotiating States may decide a coordination mechanism for the implementation of

their agreement.

v. Relationship with other treaties

Most bilateral agreements on transport indicate that their agreements do not affect the rights and

obligations of each Contracting Party found in existing international treaties to which either Contracting

Party has already acceded.

On the other hand, some bilateral agreements confine rights exclusively within the two

Contracting Parties without extension to other similar agreements. This issue depends on the extent of

the relationship of the two Contracting Parties and on some exclusive rights contained within the

agreements.

E. Final provisions

i. Entry into force

Most bilateral agreements on transport specify a time period, such as thirty days after the

exchange of notification on the completion of domestic procedures, for entry into force. Some

agreements adopt a more efficient way, either on the day of exchange of notification or the day of signing.

The timing depends upon the constitutional requirements of the Contracting Parties for the internal

procedures of international treaties, as well as on progress towards completion of internal procedures

prior to the signing of an agreement.

ii. Valid period

Some Central Asian countries do not to limit the validity of their bilateral agreements on transport.

Other Asian countries set three to five years of validity with automatic renewal if no written notice is given

from either side before the expiry of the agreement. Rarely is such a time period set at one year.

As transport is an integral part of trade flows and supply chains, familiarity with and confidence in

a transport agreement and its routes and processes is essential for users. Therefore, the stability of an

agreement is of primary importance for transport and the successful implementation of the agreement.

iii. Amendment

Many bilateral agreements on transport do not set out any procedures for amendment. However,

a number do make mention of the principle of bilateral consultation. Still others outline a procedure

whereby a proposal is made by either Contracting Party, followed by a response from the other Party

within a set time limit, then consultations, and finally an amendment is made with the consent of both

Contracting Parties. This approach with pre-set procedures will be helpful for Contracting Parties to

efficiently amend their agreements.

84

iv. Dispute settlement

Many bilateral agreements require that disputes on the application and interpretation of a given

agreement be settled through consultation or negotiation by the competent authorities. Some

agreements do not provide any mechanism for dispute settlement, which causes legal difficulties in the

implementation stage. In practice, most countries in Asian rely on competent authorities to resolve

problems by means of consultation, even if such an approach is not provided by the agreements. As

a result, solutions based on the consultations of the competent authorities may be challenged from legal

point of view.

v. Termination

Bilateral agreements on transport can be terminated with the withdrawal of either Contracting

Party. The withdrawal can be recognized with written notice. Most agreements provide a transitional

period, usually six months after receipt of the written notice by another Contracting Party, so that the

transport sector may complete their signed contracts and prepare themselves and users for the change.

Sudden termination of an agreement and short a transitional period has a definite negative impact on the

transport sector and its users of both Parties.

vi. Authentic texts

Bilateral agreements primarily use national languages. Sometimes, they also use a third

language as an additional language. More recent agreements tend to use the English language as well,

even as a prevailing language for interpretation when interpretation is divergent in the texts written in their

national languages. The countries of the former Soviet Union usually adopt the Russian language as the

prevailing language for agreements between CIS States.

85

ANNEX V. RECOMMENDED MODEL BILATERAL

AGREEMENT ON ROAD TRANSPORT

BETWEEN ECMT MEMBER

COUNTRIES

DRAFT MODEL BILATERAL AGREEMENT BETWEEN ECMT MEMBER

COUNTRIES ON ROAD TRANSPORT

Agreement

between the Government of

and the Government of

on Road Passenger and Goods Transport.

Contents

Preamble

Section I : General provisions

Article 1 – Scope

Article 2 – Definitions

Section II : Passenger transport

Article 3 – Regular and similar services

Article 4 – Occasional and similar services

Article 5 – Common provisions for passenger services

Section III : Goods transport

Article 6 – Permit system

Article 7 – Exemption from permit requirements

Article 8 – Permit procedure

Section IV : Common provisions

Article 9 – Tax provisions

Article 10 – Weights and dimensions

Article 11 – Equipment and other characteristics

Article 12 – Controls

Article 13 – Obligations of transport operators and penalties

Article 14 – Collaboration and joint committee

Section V : Final provisions

Article 15 – Entry into force and duration

Article 16 – Repeals

86

The Government of

and the Government of

Anxious to contribute to the development of trade and economic relations between their countries;

Determined to promote collaboration in road transport within the framework of the market economy;

Concerned about environment and people protection, the rational use of energy, road safety and the

improvement of drivers’ working conditions;

Aiming towards the development of transport intermodality;

Taking into account the resolutions and principles adopted within the framework of the United Nations

Economic Commission for Europe, the European Conference of Ministers of Transport (ECMT), the

Pan-European Conferences and agreements between the European Union and third countries;

Recognizing the mutual advantage and interest of an agreement on road transport;

Has agreed and decided as follows:

Part I. – General provisions

Article 1 – [Scope]

[1] The present agreement applies to road transport by transport operators established on the

territory of a Contracting Party by means of vehicles registered on that territory with the points of

departure and destination in the said territory and involving transit through that territory and

through the territory of the other Contracting Party.

[2] The present Agreement does not affect the rights and obligations arising from the other

international commitments of the two parties, nor does it affect European Union law or the

agreements between the European Union and non-Member States.

Article 2 – [Definitions]

In this Agreement:

“Transport Operator” means any natural person, any legal person, any association or group of persons

without legal personality, or any official body whether having its own legal personality or being dependent

upon an authority having such personality

■ profit-making or not

■ authorised by the competent authority to transport passengers or goods by road

internationally:

a] exercising the occupation of operator engaged in the activity of transport, as governed by specific

national legislation regulating access to the occupation of transport operator;

b] exercising the occupation of operator on own account engaged in the activity of transport as an

ancillary activity to the activities of its enterprise or association.

87

“Vehicle” means a motor vehicle:

■ on its own or a combination of vehicles;

■ intended for the carriage of passengers or goods by road,

■ at the disposal of the transport operator through being its own property or through a hiring or

leasing contract.

“Registration” means the allocation of an identification number to the vehicle by a competent authority. In

the case of a combination of vehicles, the motor vehicle is the determining factor in permit issue or

exemption, even if the carrier vehicle is not registered under the same name or is registered or authorised

to operate in another country.

“Transport” means the runs by a vehicle, either laden or unladen even if the vehicle, trailer or semi-trailer

is carried by train or boat for part of the journey.

“Cabotage” means the transport operations on the territory of the Contracting Party, the host country, with

the loading and unloading points being located on that territory, of a transport operator established on the

territory of the other Contracting Party. The unladen runs of a vehicle within a territory between two

international transport operations and the initial or terminal national legs of an international combined

transport operation are not considered to be cabotage.

“Transport on own account” means transport:

■ using vehicles owned by the operator or which it has hired under a long-term contract or

leased and which are driven by employees of the enterprise of a member of the association;

■ which is only an ancillary activity in the context of all the other activities of the enterprise or

association;

■ either of goods which are the property of the enterprise or association or have been sold,

bought, let out on hire or hired, produced, extracted, processed or repaired by the

undertaking, the purpose of the transport being to carry the goods to or from the enterprise

or to move them for its own requirements;

■ or of employees of the enterprise or members of a non profit-making association for whom

the transport is part of its social or welfare activities.

“Combined transport” means the transport of goods whereby the lorry, trailer, semi-trailer, swap body or

container, with or without tractor, use the road for the initial or terminal leg of the journey, which is as short

as possible, and travel by rail, waterway or sea for the major part of the journey.

“Territory of a Contracting Party” means respectively the territory of and the territory

of

“Country of establishment” means the territory of a Contracting Party within which the transport operator

is established and the vehicle registered.

“Host country” means the territory of a Contracting Party in which the vehicle is operating without being

registered there and without the transport operator being established there.

“Bus” and “Coach” mean vehicles which are purpose built and designed for the transport of persons which

has, in addition to the driver’s seat, more than eight sitting places.

“Hire car” means a vehicle which is built and designed to carry up to nine people and their luggage,

including the driver, and is used for paid transport for account of a third party.

88

“Regular passenger service” means a service which carries passengers over a specified route, according

to a timetable and for which set fares are charged. Passengers are picked up or set down at

predetermined stopping points and the service is accessible to everyone notwithstanding, in some cases,

the need to book.

The term “regular passenger service” also includes a service that fulfils most of the above criteria and

which operates as such.

In particular, it includes a service which carries specified categories of passengers to the exclusion of

other passengers. This service is called a “special regular service”. The service as a regular service is not

affected by the fact that the transport is organised to suit the varying needs of the users.

“Shuttle service” means a service whereby, by means of repeated outward and return journeys, previously

formed groups of passengers are carried from a single place of departure to a single destination. Each

group, consisting of the passengers who made the outward journey, is carried back to the place of

departure on a later journey. Place of departure and destination respectively mean the place where the

journey begins and the place where the journey ends, together with, in each case, the surrounding locality

within a 50 km radius.

The first return journey and the last outward journey in a series of shuttles are made unladen.

The service as a shuttle service is not affected by the fact that some passengers make the return journey

with another group, nor by the fact that the first outward journey and the last return journey are made

unladen. This type of shuttle service is called “reversed shuttle”.

A shuttle service which provides accommodation for at least 80 per cent of passengers at its destination

and, if need be, on the journey, with or without meals, is called a “shuttle with accommodation”.

“Occasional service” means a service falling neither within the definition of a regular passenger service

nor within the definition of a shuttle service. The frequency or number of services does not affect their

classification as an occasional service.

“Control document” means the waybill for buses and coaches, conforming to the specimen laid down in

ECMT Resolutions and, where so provided for by this Agreement or the conclusions of the joint

committee referred to in Article 14, the technical environmental and safety report referred to in the same

Resolutions.

Part II – Passenger transport

Article 3 – [Regular and similar services]

[1] Regular services and shuttle services without accommodation operated by bus or coach and by

hire vehicle are subject to a system of permits issued by the competent authority in the country of

departure, destination or transit.

[2] The permit application should be made to the competent authority in the country of establishment

of the transport operator. If the authority approves the application, the permit is communicated to

the competent authority of the other Contracting Party.

The joint committee set up under Article 14 hereof decides on the form that the permit application

takes and the supporting documents required.

[3] Permits are issued by joint agreement by the competent authorities of the Contracting Parties.

The joint committee set up under Article 14 may decide that the permit issued by the country of

establishment is also valid as a transit permit and determine the terms and conditions of this

liberalisation.

89

The decision to grant or refuse a permit is taken within a period of three months unless there are

special circumstances.

Permits are valid for a maximum of five years. They set out the operating conditions, including

environmental and safety standards, which vehicles must meet.

[4] Changes in operating conditions and the cancellation of the service are decided under the

procedure set out in paragraphs [2] and [3].

If there is no longer any demand for the service, the operator can cancel it giving three weeks

notice to the competent authorities which issued the permit and to customers.

[5] If a service is being operated on a pool or sub-contracted basis $, only one permit is issued to the

lead firm but with as many copies as there are operators. The permit mentions the names of the

pool members and sub-contractors.

Article 4 – [Occasional or similar services]

[1] The occasional services and the shuttle services with accommodation operated by bus or coach

and by hire vehicle are subject to a system of permits issued by the competent authority in the

country of departure, destination or transit.

[2] As an exception to paragraph [1], the services listed below are exempt from any permit system on

the territory of the host country:

2.1 closed-door tours whereby the same vehicle is used to carry the same group of passengers

throughout the journey and to bring them back to the place of departure;

2.2 services which make the outward journey laden and the return journey unladen;

2.3 services which make the outward journey unladen and the return journey laden, provided

that passengers:

a] constitute a group formed under a contract of carriage entered into before their arrival

in the territory of the Contracting Party where they picked up and carried to the

territory of the country of establishment;

b] have been previously brought by the same carrier into the territory of the Contracting

Party where they are picked up again and carried into the territory of the country of

establishment;

c] have been invited to travel into the territory of the country of establishment, the cost of

transport being borne by the person issuing the invitation.

2.4 Services on own account.

2.5 Transport in hire vehicles.

A single passenger travelling in a hire vehicle is considered the same as a group of passengers.

[3] The picking up of passengers on a liberalised service journey is not permitted unless special

authorisation is granted.

The joint committee set up under Article 14 hereof may extend the permit exemption to other

categories of occasional services, in particular to services where passengers are picked up on the

journey and to other cat. C sub 2.3 services. In such a case, the joint committee lays down the

conditions for that liberalisation, having regard inter alia to Article 11 paragraph 3.

90

[4] The permit application should be made to the competent authority in the host country.

The joint committee set up under Article 14 hereof decides on the form that the permit application

takes and the supporting documents required.

The decision to grant or refuse a permit is taken within a period of one month unless there are

special circumstances.

[5] The occasional services and shuttles with accommodation exempted from permit requirements

and operated using buses or coaches must be covered by a control document. The conditions of

use and the content of the control document are laid down by the joint committee referred to in

Article 14 hereof.

Article 5 – [Provisions common to passenger services]

[1] Transport permits are personal and are not transferable to other transport operators.

[2] The running of cabotage services is prohibited. Local trips organised solely for a group of

passengers brought to that location by the same transport operator are not deemed to be

cabotage services provided that they are entered on the waybill.

Part III – Goods transport

Article 6 – [Permit system]

[1] Transport operators established on the territory of a Contracting Party may, under the system of

prior authorisation by permit, undertake on the territory of the other Contracting Party:

a] transport between the territories of the two Contracting Parties;

b] transport between a point on the territory of the other Contracting Party and a point on the

territory of a third State, providing that the journey includes the country of establishment6.

This restriction does not apply to unladen runs;

c] transit transport.

[2] Cabotage is only permitted with the special authorisation of the host country.

Article 7 – [Exemption from permit requirements]

[1] As an exception to Article 6, the following categories of transport are exempted from permit

requirements:

1] Transport by vehicles whose Total Permissible Laden Weight [TPLW], including trailers, does

not exceed 6 tonnes, or when the permitted payload, including trailers, does not exceed

3.5 tonnes.

2] Transport on an occasional basis, to or from airports, in cases where services are diverted.

3] Transport of vehicles which are damaged or have broken down and the transport of

breakdown repair vehicles.

4] Unladen runs by a goods vehicle sent to replace a vehicle which has broken down in another

country, and also the return run, after repair, of the vehicle that had broken down.

6 In some cases – peripheral countries, small territories – this restriction virtually equates to a prohibition. In that case, a separatequota is preferable, without the transit restriction.

91

5] Transport of livestock in special purpose-built or permanently converted vehicles for the

transport of livestock, and are recognised as such by the competent authorities in the country

of establishment.

6] Transport of spare parts and provisions for ocean-going ships and aircraft.

7] Transport of medical supplies and equipment needed for emergencies, more particularly in

response to natural disasters and humanitarian needs.

8] Transport of works and objects of art for fairs and exhibitions or for non-commercial

purposes.

9] Transport for non-commercial purposes of properties, accessories and animals to or from

theatrical, musical, film, sports or circus performances, fairs or fetes, and those intended for

radio recordings, or for film or television production.

10] Transport on own account.

11] Funeral transport.

12] The initial and terminal legs – international and national –, by road of combined transport,

providing, respectively, that the appropriate freight loading and unloading station closest to

the point of loading or unloading of the freight is used or that the river or sea port of loading

or unloading is located within 150 km of the point of loading or unloading of the freight.

13]7

[2] Transport of perishable goods is subject to a quota-free permit system.

[3] The Joint Committee referred to in Article 14 hereof may add to the list of transport categories

exempted from the permit requirements set out in paragraph [1] and remove the quotas from

categories other than the one specified in paragraph [2].

[4] Removals carried out by enterprises with special staff and equipment for this purpose are subject

to a special quota-free permit system, the form and condition of use of which are decided by the

European Conference of Ministers of Transport.

Article 8 – [Permit conditions]

[1] The competent authorities of the two Contracting Parties exchange an agreed number of blank

permit forms every year.

Permits are issued to resident transport operators by the competent authority or by a body

designated by the said authority.

[2] Permits are personal and are not transferable to third parties.

[3] Permits can only be used for one vehicle at a time. In the case of combinations of vehicles, the

motor vehicle is the determining factor in permit issue or exemption.

[4] The Joint Committee referred to in Article 14 hereof determines the quota, categories [journey and

time] and any further conditions governing permit use.

[5] The running of cabotage services is prohibited except where specially authorised by the

competent authority in the host country.

7 In the case of neighbouring countries: transport between adjacent border zones of a depth of 25 km, provided that the length ofthe journey does not exceed 100 km as the crow flies.

92

The Joint Committee referred to in Article 14 determines the national legislative and administrative

provisions in the host country applicable to cabotage. These provisions are applied without

discrimination.

Part IV – Common provisions

Article 9 – [Tax provisions]

[1] Transport by means of vehicles registered on the territory of a Contracting Party temporarily

operating on the territory of the other Contracting Party under the terms of this Agreement is

exempt from payment of all tax related to the ownership, registration and running of the vehicle as

well as special taxes on transport services.

[2] The fuel contained in the normal, by the manufacturer build-in fixed tanks of the vehicle intended

to drive the vehicle and operate motor vehicles at controlled temperature $$, as well as lubricants

and spares are exempt from all import duty in the territory of the host country provided that the

transport operator complies with the relevant Customs regulations.

[3] The transport covered by the terms of this Agreement is subject in the host country to the tolls and

duties levied for the use of the road network or bridges. The tolls and charges are levied on

resident and non-resident transport operators indiscriminately. The Contracting Parties may

decide, on the proposal of the Joint Committee referred to in Article 14, to exempt the initial and

terminal legs of combined transport from tolls and duties.

Article 10 – [Weights and dimensions]

[1] The permissible maximum weight, axle weight and dimensions of vehicles must not exceed those

entered in the registration documents nor the upper limits in force in the host country.

[2] The use in the host country of vehicles whose weight, dimensions or load exceed the permissible

upper limits is permitted only with a special permit applied for in advance.

Article 11 – [Equipment and other characteristics]

[1] Vehicles carrying dangerous goods or perishable goods must be fitted out and equipped in

accordance with the requirements of the ADR and ATP Conventions.

[2] Equipment used to monitor crew driving and rest time on vehicles must comply with the provisions

of the AETR Agreement.

[3] The Contracting Parties undertake to promote, within the framework of this Agreement, the use of

vehicles meeting stringent safety and emission standards.

The Contracting Parties, in their road transport relations, shall generally endeavour to apply

environmental and safety standards in force in the European Union, having regard to the dates

vehicles were first registered and time frames agreed within the framework of international

agreements and the European Conference of Ministers of Transport.

In line with this policy, the joint committee referred to in Article 14 can, when deciding on quotas

and future liberalization, give more favourable treatment to vehicles that meet the most modern

safety and emission standards.

93

Article 12 – [Control]

The permits, control documents and other papers in order required under this Agreement, as well

as the consignment note, waybills, insurance certificates, training certificates and all papers required

under multilateral or bilateral agreements or under national law, must be kept in vehicles and be produced

at the request of by control officials.

The transport operator on own account is required to provide evidence of this status at the

request of control officials.

Article 13 – [Obligations of transport operators and penalties]

[1] The transport operators of a Contractor Party have a duty, on the territory of the other Contracting

Party, to comply with obligations arising from multilateral international agreements to which the

two parties are contracting parties, from the present Agreement as well as other bilateral

agreements, and from national legislation, particularly traffic and enforcement $ rules, Customs

arrangements and any permit conditions and restrictions.

[2] Without prejudice to criminal proceedings, the competent authorities in the country of

establishment may, in the event of serious or repeated infringements committed on the territory of

the host country, and at the latter’s request, take the following administrative action:

■ issue a warning,

■ prohibit access to the territory of the Contracting Party where the infringement(s) was(were)

committed.

In particularly serious cases, the competent authority of the host country may temporarily prohibit

access pending a decision by the authority in the country of establishment.

The Contracting Parties shall keep each other mutually informed on decisions taken.

Article 14 – [Collaboration and joint committee]

[1] The competent authorities of the Contracting Parties shall take the necessary steps to implement

and apply this agreement and pass on any useful information to each other. The competent

authorities shall also keep each other mutually informed of any change in national law affecting

the application hereof.

The competent authorities shall afford each other mutual assistance for the purpose of

implementing this Agreement. Personal data passed on within the framework of co-operation

between the Contracting Parties shall be protected by a guarantee of confidentiality and cannot

be used for any purpose other than the one for which they were communicated.

[2] A joint committee shall be set up, comprising delegates from each Contracting Party for the

reasons stated in paragraph 1. The joint committee is responsible for implementing Articles 3, 4, 7

and 8 hereof and, generally, for reviewing all questions concerning relations between the

Contracting Parties in the field of road transport, including aspects concerning safety,

environmental protection, crew employment rights, technical issues, promotion of inter-enterprise

and intermodal collaboration and crisis management.

94

Part V – Final provisions

Article 15 – [Entry into force and length of the Agreement]

The present Agreement shall enter in force on

It may be denounced on

Article 16 – [Cancellation clause]

Possibly.

Made at , on

95

ANNEX VI. GMS ROAD TRANSPORT PERMIT

97

ANNEX VII. MODEL ANNUAL ECMT LICENSE

99

ANNEX VIII. BSEC MODEL TRANSIT PERMIT

101

ANNEX IX. INTERNATIONAL VEHICLE WEIGHT

CERTIFICATE

102

To be filled-in by the transport operator(s)/driver(s) of the goods road vehicle AFTER weighing

the vehicle

I declare that: (a) the weight measurements stated overleaf have been performed by the above-

mentioned weighing station, (b) the information (1) to (8) has been duly filled-in and (c) no load

has been added to the goods road vehicle following its weighing at the above-mentioned

weighing station.

Date Name of transport operator(s)/driver(s) of goods road vehicle Signature(s)

Remarks (if any)

Notes

The vehicle weight measurement number shall consist of three data elements linked by

hyphens: (1) Country code (in accordance with the UN Convention on Road Traffic, 1968).

(2) Two-digit code allowing identification of national weighing station. (3) Five-digit code

(at least) allowing identification of individual weight measurement taken. Examples: GR-01-

23456 or RO-14-000510. This serial number shall correspond to that applied in the books of the

weighing station.

United NationsE S C A P

United NationsEconomic and Social Commission for Asia and the PacificTransport DivisionUnited Nations Building, Rajadamnern Nok AvenueBangkok 10200, ThailandTel.: +662 288 1371Fax: +662 288 3050

+662 288 1020Website: http://www.unescap.org

Monograph Series on Facilitation of International Road Transport · PDF fileMonograph Series...

Documents

Transcript of Monograph Series on Facilitation of International Road Transport · PDF fileMonograph Series...