COURENT DE PASSAGES – SIMPLIFICATION OF CUSTOMS PROCEDURES AND PROTECTED BPRDERS

SOPHIKO SICHINAVA

Since the beginning of the 20th century control and regulation of auto tourism and in particular, traffic – be that simplification of border-crossing procedure with a car or even a struggle against auto smuggling has become a subject of discussion and concern of international business structures.

Therefore, different game rules and regulating acts have been developed to settle this problem. In the middle of the 20th century after the development of vehicles reached its peak, this issue has become more important for the world society. On the one hand, the increased number of auto tourist streams as well as the renewed autopark required simplification of customs procedures during the crossing of national borders. On the other hand, national borders themselves needed greater protection from smuggling of automobiles. It was search for the ways of settling the problem that led the world to the creation of convention on regulation of temporary import of cars in 1954-56. In its turn, the convention was preceded by the creation of documents for regulating this problem in 1906 that became improved and adapted to the world economic area. The name of the document was cournet de passages. It is a voucher, a special permission that makes it easy for an owner of automobile to cross national borders. It also provides national state formations with guaranteed insurance against smuggling of cars.
For the last ten years of state construction, Georgia gradually gets involved in the world transport “web”. On the one hand, as far as geopolitics is concerned, more and more cars will cross borders, which will lead to the improvement of life standard. Nowadays, more and more Georgians wish to change Russian autopark for foreign one. Given the high taxation tariffs of cars, the danger of smuggling becomes more and more significant. This problem has become more acute of late years. On the one hand, the country faced the necessity of simplifying customs procedures so that not to lose the passage of motorised stream through its territory as well as to promote auto tourism and automobile transportation. On the other hand, there was the necessity to restrict control of illegal importation of cars and struggle against smuggling. Therefore, it becomes essential to join convention of 1954-1956.
Emzar Djgerenaia (chief editor of “Macro-Micro Economics”, expert of Committee of Parliament taxes and incomes) – All vehicles that transport goods to the place of destination are subject to temporary import, but this temporary import has acquired a dangerous nature as far as smuggling is concerned.
Incidentally, ministry of transport has noted that cournet de passages does not work in the countries of United Europe. I would like to tell you that it is an incorrect definition: there are no borders in the countries of United Europe. There is single customs area there. On the other hand, the problem of car smuggling is not so significant in developed European countries. No one would smuggle Mercedes and Ford to Europe as, in accordance with the famous business theory, a new car costs much, but turns out to be cheap eventually. Therefore, people of European mentality would not buy old cars. The problem of smuggled, second-hand cars and problem of private and commercial transport causes much concern to developing countries such as Georgia, Azerbaijan, Russia, Iran, Armenia, Turkey, etc that try to renew their autopark. Therefore, struggle against smuggling is more important for such countries.
A great number of cars were smuggled to Georgia in 2001-2002. As some say, this process is still a subject to research. We have lost millions of laris from this angle. This process goes on now. On the other hand, when our transporters go to foreign countries, even to Turkey, they have to show cournet de passages, otherwise, they would have to leave a great deposit. Yet, our transport relations with Turkey and Iran are quite strong. We do not have such transport relations with England as with neighbouring countries. There is the green card to allow our vehicles to perform temporary import and later to make commercial, tourist and personal tours. Thus, if Georgia wishes to join world transport network, it should join this convention.
AIT (Alliance International de Tourism) and FIA (Federation of International Automoblists) deal with the implementation of convention. They have their regional representative offices in more than 80 countries of the world. Along with the largest insurance companies (f.e. “Lloyd”) they give guarantee against smuggling of cars. These very regional representative offices contributed much to the construction of this guarantee “web”.
Cournet de passages en douane (CPD) is an intrenationally recognised customs document that entitles owners to make temporary import of vehicles in the country without having to pay customs duties whereas now car owners have to pay deposit in connection with expenses of importing such vehicles.
Cournet will be issued under the aegis of AIT and FIA within the frames of the network of customs documents. A great number of international automobile and tourist federations represent branches of one of these organisations and issue cournet in their own name. Each cournet is valid for 1 year – maximal period. Owner of cournet that usually travels for more than a year can receive second cournet or prolong its term by contacting local automobile organisations for further consultations.
Cournet represents 5, 10 or 25-page booklet. Five-page cournet makes it possible for the owner to make temporary import in five countries or in different cases. 10 or 25-page cournets are meant for 10-25 times’ use during temporary import procedures. Each page of cournet is divided into three parts: the lower part is cut off in the customs, at the entrance to the country; the middle part is cut off at the departure; the upper part is stamped for single entry and single departure. New page is stamped for each entry in any countries. It is very important that the owner should have the document that confirms temporary import (re-export) of vehicles. This exempts the owner from any possible import expenses. Countries where no cournet is used are entered into exclusion list.
After the end of the tour, owner of cournet should return the booklet to the issuing association. After the issuing association makes sure that there was no further complaint from foreign customs, it will carry cournet (register) and issue deposit.
If during the travelling a vehicle is lost or destroyed in natural calamity, a police report or customs confirmation should be obtained as soon as possible. Otherwise, the cournet owner will pay import charges and lose his deposit. If the cournet does not return to the issuing association and if foreign customs demand that the association should charge dues, cournet owner will become responsible for these dues.
Cournet is a legal document that gives only a right for temporary import. Therefore, fine for its improper use is quite high.
The document has four distinctive features:
1. Anti-coasting – protection of transportation market in the country; protection from re-export of vehicles that are temporarily imported from abroad, i.e. protection from coastal traffic;
2. Anti-criminal nature ? there should not be the same situation in Georgia as in Poland that was once a place of stolen cars;
3. Anti-contraband nature – cournet de passages is a barrier contributing to the reduction of contraband scales.
4. Anti-corruption nature – the state receives the real possibility to regulate stream of vehicles temporarily re-exported from abroad as well as to impose fine on breakers. What is most important is that sums from fine sanctions come to central government budget, but not to either automobile federation or any limited liability company or any “money laundering” organisations.
5. Recognition of any convention implies recognition of international game rules which means that if Georgia accepts the rules, it will be much easier to overcome border and customs barriers. Behind these documents is a stable guarantee pyramid with automobile federation and appropriate insurance companies at the bottom and head organisation at the top.
An international seminar under the aegis of AIT and FIA was held in Gudauri to consider these very issues. It was attended by Debora Smith, representative of the head office of these organisations. Ms. Debora curates simplification of customs procedures and active struggle against smuggling.
Debora Smith – Cournet de passage was formed with the initiative of AIT and FIA in the beginning of 1900s. The purpose of this document was promotion of border crossing procedures. After traffic became more intensive in the world, it became necessary to introduce this document under the UN convention of 1954-56. A number of amendments have been made to this document afterwards and it became modernised. This document is spread in 78 countries. We have branch organisation for issuing guarantees in 85 countries. Countries that use cournet de passage should have close relations with guarantee organisations.
Mr. Orhan, representative of FIA in Turkey. – “Cournet de passage is an important document for us. It is like passport. You will not enter or leave any country without a passport. This document is like passport for vehicles. The document is important for controlling revenues and vehicular traffic in the country -commercial, tourist, private, etc. This document also helps to control stolen cars”.
The importance of cournet is that it is supported by AIT and FIA that are really strong organisations. In case of problem you will not feel alone and you can resort to these organisations for help.
Seminar was also attended by representatives from the Ministry of External Affairs and Ministry of Justice.
Irakli Svanidze (Ministry of Extrenal Affairs, vice director of the department of international economic relations) – The ministry has long worked on the issue. I think the document is ready to be submitted to the chancellary and later to the Parliament by the President’s decree. After this document isd passed we will notify the UN of joining convention”.
Apparatus of Parliament secretary has taken an active part in the work of the seminar. Levan Chichnadze, representative of the secretary apparatus, says that joining of convention will become our application for entering international integration. He said his office would do its best to overcome bureaucratic barriers and that it was part of anti-contraband programme and President’s conception on the development of silky road.
Levan Lomjaria (Ministry of Justice, Department of International Legal Relations) – “Our ministry has been working on this document under the leadership of Roland Goligashvili and George Tskrialishvili for more than three months. Nowadays, the document is in agreement with the legal frmawork of Georgia and today there is no barrier in the process of its joining”.
Victor Todadze (Chairman of Automobile Federation) – An active work is done on launching mechanism of this convention into effect. Serious business meetings and discussions have been held to consider these issues with the head of customs department and ministry of transport. Technical mechanism seems to be formed. After joining the convention the federation will promote auto tourism and anti-contraband measures in cooperation with customs department.