Pakistan may accede to UN Convention on transit trade
MUSHTAQ GHUMMAN
ISLAMABAD (June 02 2009): Pakistan is likely to accede to 'Transports International Routiers (TIR) Convention 1975' of the United Nations, aimed at promoting transit trade in the region, official sources told Business Recorder here on Monday. Commerce Ministry has placed the matter before the Cabinet, which will discuss the issue in detail, besides other important issues including IDPs.
Customs Convention on the international transport of goods, under cover of TIR Carnet, known as TIR, was adopted under the aegis of United Nations Economic Commission for Europe (Unece) in 1975. The Convention provides a legal framework for traffic-in-transit of goods across borders among the contracting countries without involving payment of customs duties and taxes, and serves as an effective instrument of international transit trade, compatible with national legislation, and containing inherent safeguards for revenue protection.
At present, all ECO countries, except Pakistan, are signatory to the Convention. Other ECO countries have strongly been urging Pakistan to accede to it. It is, therefore, imperative that Pakistan, too, should sign and accede to the Convention so as to play an active role in the transit movement of goods and vehicles in the ECO region, sources said.
In order to promote transit trade in the region through operationalisation of the 'North-South Corridor', linking Pakistan with Central Asian Republics (CAR), Pakistan deposited an Instrument of Accession to the TIR Convention, 1975, on October 21, 2004, with the United Nations at New York, along with the following reservation:
"Pakistan declares that under Article 8, paragraph 4 of the customs Convention on the International Transport of Goods under the cover of TIR Carnets (TIR Convention) concluded at Genera, on November 14, 1975, acceptance of TIR Carnet by the Customs office means that national legislation allows the transit of such goods and from a particular country".
The office of the Legal Affairs of the United Nations, however, refused to accept Pakistan's application for accession to the Convention on the grounds that the reservation "allowing the transit of such goods and from a particular country" entered by it, was not permissible under article 58, paragraph 3, of the Convention.
Sources said that several meetings with concerned ministries/stakeholders were held under the chairmanship of Commerce Secretary to resolve the issue of withdrawal of reservation.
After detailed deliberations in these meetings, it was decided, with consensus of all stakeholders ie FBR, Ministry of Law, and Ministry of Foreign Affairs, that FBR will submit a revised document for accession to the TIR Convention, incorporating a permissible reservation under Article 57 paragraph 2 to 6 of the TIR Convention.
It was also decided to obtain concurrence/view of Attorney General of Pakistan on the language/substance of the Declaration of Understanding. Consequently, a reference was made to Attorney General of Pakistan, through Ministry of Law. The Attorney General advised that, except for the permissible reservation, any other statement, even if camouflaged as 'reservation' under the heading 'Understanding', would not be acceptable.
According to sources, the subject was further discussed on January 26, 2009 in a meeting chaired by FBR Chairman. It was decided, in consultation with the Ministry of Foreign Affairs, that Pakistan should deposit the Instrument of Accession to the TIR Convention. Federal Board of Revenue, Ministries of Foreign Affairs and Communications have been consulted and all support the accession proposal.
Business Recorder [Pakistan's First Financial Daily]