Présented by : Mr. YODA Emmanuel - PowerPoint Presentation

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Présented by: Mr. YODA Emmanuel, Président de l’Association des Cautions Nationales TRIEDirecteur Général Adjoint de la CCI-BF en charge des Infrastructures et du Développement Durable

BORDERLESS ALLIANCE 7th ANNUAL CONFERENCE

Bamako, 9-11

May 2018

EXPERIENCE

WITH ECOWAS ISRT NATIONAL GUARANTEES

LEGAL AND REGULATORY FRAMEWORK ACTIVITIES OF NATIONAL GUARANTORS

STATE OF IMPLEMENTATION OF ISRT GUARANTEE

DIFFICULTIES IN IMPLEMENTING THE SINGLE GUARANTEE

RECOMMENDATIONS

CONTENTS OF

PRESENTATION

I.

II

III

IV

V

1. CONVENTION A/P4/82 ( 29 May 1982 in Cotonou) The ECOWAS Member States have adopted in Cotonou, the Interstate Road Transit System (ISRT),The Convention aims essentially to:- avoid the succession of customs procedures;- facilitate the movement of means of transport and goods;- establish reliable and regular statistics on ISRT goods;I. LEGAL AND REGULATORY FRAMEWORK

1.

Putting up an ISRT declaration

(

simple, unique, at starting point of ISRT operation)

2.

Approval of road vehicles or

conatainers

3

.

Guarantee of an approved obligor

3

basic conditions

3

TEXTS

2. Supplementary Convention A/SP/1/5/90,(30 May 1990 in Banjul)Foundations of the missions of National Guarantees (Articles 3 to 7).Quality of the National Guarantee, the consistency of the chain of National Guarantees (art.3.1),Uniqueness of the National Guarantee by Member State (art.3.2), the uniqueness of the guarantee by operation (art.4), Relationship of correspondence and joint responsibility, solidarity between obligors and with the main obligor (art.6). Consular Chambers (French-speaking States) and Insurance companies or Banks (English-speaking States)Definition of obligations between sureties through an agreement (art.5)I. LEGAL AND REGULATORY FRAMEWORK

3. Supplementary Agreement of Niamey (21 and 22 March 2005)2 meetings on the same date: 7th General Meeting of the Guarantors in Niamey and Meeting of Experts of Customs Administrations of ECOWAS in Accra The Supplementary Agreement mainly provides:Mutual assistance between National Guarantors;Equal distribution of expenses and revenues (single rate of 0.5% of the CIF value);Setting up of local ISRT committees which will be in charge, the supervision of the operations of provision of the booklet and the collection of the guarantee fund and the establishment of the necessary supporting documents (statistics and others);Development of a manual of administrative and financial procedures that will govern all operations related to the lifting of the single booklet and secure interests (adopted in August 2006)

I. LEGAL AND REGULATORY FRAMEWORK

1.Guarantee of transit bondsChain of National Guarantors are supposed to guarantee ISRT on the Community territory of ECOWAS. In fact, they each guarantee, as far as it is concerned, the transit of goods by road in their respective territories and carry out awareness-raising and promotion activities.2. Awareness, lobbying and promotion actions National guarantors: raising awareness among the various actors in collaboration with customs and transport administrations, especially at the launching phase ECOWAS/ISRT. Coordination Office: several meetings with the administrative and political authorities of the various Member States to promote ISRT; lobbying to support the actions of its members facing difficulties.II.

ACTIVITIES OF NATIONAL GUARANTORS

1. FindingsThe implementation of the ISRT Convention, suffers from many shortcomings with regard to its different conditions: Single Customs Document: Computerized accounting is increasingly used in place of the physical booklet summary declaration provided by the Convention 82.Upgrading of the fleet of transport vehicles: The fleet of road vehicles used for the interstate transport of goods is obsolete as a whole and does not comply with the sealing standards prescribed by the ISRT Convention. Guarantee Fund: Each country crossed institutes its guarantee fund (ad valorem tax collected), whereas the Convention advocates a single levy. Each National Guarantor is responsible for the proper execution of the transit operations on its territory. III. STATE OF IMPLEMENTATION OF ISRT GUARANTEE

1. Findings (cont’d)Between Burkina Faso and Togo: April 28, 2014 between the CCI-Togo and the CCI-Burkina Faso. Not implementedBetween Burkina Faso, Ghana and Mali: 2007 Not implementedBetween Burkina Faso and Côte d’Ivoire : 5 February 2014, ImplementedIII. STATE OF IMPLEMENTATION OF ISRT GUARANTEE

3 Protocols of Agreement signed to implement the ECOWAS/ ISRT single guarantee

2. Feedback from the implementation of the single guarantee on the Abidjan-Ouagadougou corridor. (41% of BF import traffic)Protocol signed on February 5, 2014 Amendment signed on March 19, 2015 Implementation since October 2015 Establishment of a ISRT committee that meets twice a month.2.1. MECHANISMIN CICustoms declaration approval by national guarantee committees Loading Electronic monotoring AT BORDERRCI Border Office stamp on the T1 and

send back to the office of departure for closure of the transit operationTransmission list of trucks and information on transit operations to the CCI-BF Niangoloko Border Office for checking and sending info to Abidjan for the ISRT Committee.Resumption formalities transit / T1 DDU, on the basis of Abidjan customs declarationChecking of CCI-BF payment of single contribution to Abidjan

II.

STATE OF IMPLEMENTATION OF ISRT GUARANTEE

lack of political will; Insufficient involvement of certain national guarantorslack of knowledge of the mechanism by most public and private actors, uncoordinated multiplicity of related initiatives;total absence of approval mechanisms for means of transportRequirement for the interconnection of customs IT systems, as a prerequisite for the implementation of the single guarantee Unavoidable load break in the absence of the single customs document and with the multiplicity of tracking system;Insufficient proven capacity of certain National Guarantors;

Obsolescence of legal textsinsufficiencies in confirmation of border crossing the customs office of the country of destination; Obligation of systematic guarantee of any operator (including proven swindlers)

III.

DIFFICULTIES IN IMPLEMENTING THE SINGLE GUARANTEE

The National Guarantors are convinced that an effective guarantee system requires:automation of the contribution collection system and integration of guarantee activities with a regional dimension;creation of a solidarity fund;; interconnection, customs systems;

Interfacing of tracking systems;Gradual approval of means of transport and establishment of a database of haulers and lorries;

Interconnection of ports, border terminals and inland terminals;

IV.

RECOMMENDATIONS

PAMOSET

FC

project between

BF

and

CI (Dvpmt logiciel et interfaçage avec SYDONIA )

Harmonization of the initiatives and the permanent dialogue between the various actors for the resolution of the identified and known difficulties.===>>solution Overall fluidity and the success of the ECOWAS/ISRT mechanism

IV. RECOMMENDATIONS

THANK YOU FOR YOUR ATTENTION!