At its seventy-first session (October 2019), the TIR Administrative Committee (AC.2) endorsed a comment to Article 1 (o) of the TIR Convention, 1975, that had previously, at its 151st session (February 2019), been adopted by the ECE Working Party on Customs Questions affecting Transport (WP.30).
The comment stipulates that, under certain circumstances and fulfilling certain conditions, other persons than the authorized TIR Carnet holder can present a TIR Carnet to a customs office of departure for its acceptance and, subsequently, perform a TIR transport.
In this context, it should be noted that the use of subcontractors does not affect the liability of the TIR Carnet holder vis-à-vis customs, i.e. the TIR Carnet holder remains the directly liable person.
However, not all contracting parties to the TIR Convention apply the use of subcontractors. In addition, the use of subcontractors by authorized TIR Carnet holders requires prior consent from the national association. Thus, before engaging in TIR transports by means of subcontractors, authorized TIR Carnet holders should contact their national association to establish the conditions for such transports and the countries that accept such practice. Finally, before handing over a TIR Carnet to a subcontractor, the authorized TIR Carnet holder should make certain indications in the TIR Carnet, as described in the below comment.
“Comment to Article 1 (o) of the TIR Convention.
Use of a TIR Carnet by (an) other person(s) than the holder
Some Contracting Parties accept that, with the consent of the TIR Carnet holder, (an)other person(s) perform(s) a TIR transport or part of it by means of a TIR Carnet issued to the TIR Carnet holder. In those Contracting Parties, when the TIR Carnet is presented at the customs office of departure by (an)other(s) than the TIR Carnet holder, the latter shall, as proof of his or her consent, indicate in Box 11 of the cover page of the TIR Carnet the following:
(a) The name(s) of the person(s) performing the TIR transport or part of it;
(b) The words “acting on behalf of” followed by;
(c) The name of the TIR Carnet holder.
Box 12 of the cover page should bear the signature of the TIR Carnet holder.
Once the customs office of departure has accepted the duly filled in TIR Carnet, all other competent authorities en route and at the customs office of destination involved in that TIR transport are recommended to accept that TIR Carnet without further requirements.”