ATA document operation procedure?

ATA carnet is a customs clearance certificate for duty-free import of goods commonly used in international business circles, which has far-reaching significance for promoting industrial specialization and modernization, spreading advanced technology and accelerating international information exchange.

the operation of ATA carnet system mainly involves specific issues such as the issuance, use and write-off of ATA carnet, as well as the coordination and division of responsibilities among guarantee chambers, issuing chambers and customs in various countries.

The actual operation process of ATA carnet system includes four steps:

1. The International Bureau of the International Chamber of Commerce establishes ATA international joint guarantee system, and countries designate corresponding guarantee chambers and issuing chambers.

2. The consignor applies to the authorized issuing chamber of commerce, and submits the corresponding application documents, issuing fees and guarantees. After the issuing chamber of commerce examines and approves, the ATA carnet will be issued.

3. The document book is circulated between customs offices of various countries with the goods, and various customs declaration procedures such as temporary import, export and transit of the goods are handled by it.

iv. after the use of the document book, return it to the card issuer for verification. In case of non-compliance with the rules of use, the document book will enter the claim stage, and the document book will be written off after the claim is handled.

ATA carnet has outstanding practicability, which determines that ATA carnet system has the characteristics of close combination of theory and practice during its operation. In addition, with the development of international economy and trade, the ATA Documentary System has continuously solved various new problems emerging in practice during its 36-year implementation, showing its ability to accommodate a large number of new ways of international trade. ATA document book system clearly embodies this feature in its operation.

Issuance and guarantee

During the operation of p>ATA carnet system, besides the establishment of guarantee institutions and issuing institutions, it mainly includes three practical application stages: issuance, use and write-off. Among them, the issuance stage of the document book is the basis for determining whether the document book can be used and written off smoothly, avoiding claims and effectively protecting the national interests of the chamber of commerce and relevant countries. Therefore, the authorized visa issuers will play a very important role in the issuing stage. Specifically, the issuing of ATA carnet is mainly divided into three parts:

1. Preparation stage for issuance

Before issuing ATA carnet, the issuing institution should first conduct a preliminary examination on whether the applicant and the goods have the right to use the carnet.

1. User of ATA carnet

(1) Holder of ATA carnet

The holder of ATA carnet is not necessarily the owner of the goods, but he must bear the economic responsibility for the goods under the carnet. According to Article 8 of Annex A to Istanbul Convention, in any case, if the goods fail to comply with the conditions of temporary import or transit or transit, resulting in the payable import taxes and other payments, in addition to the amount stipulated in Article 4, paragraph 4, of Istanbul Convention, the holder of the document book shall be jointly or separately liable with the issuing chamber of commerce.

usually, the document book is issued to a legal person or natural person who is domiciled or established in the issuing country, and this person may be a trader, manufacturer, freight forwarder, etc. However, neither ATA Convention nor Istanbul Convention restricts the qualification of the holder. Whether the holder is domiciled or established in the issuing country or whether he is a natural person or a legal person is not a prerequisite for issuing the document book. Therefore, generally speaking, the issuing institution does not need to consider the domicile or domicile of the applicant for the document book.

Article 3 of the Statement of the International Bureau of the International Chamber of Commerce, which must be signed by guarantee chambers in various countries, stipulates that the document book shall be given to the owner of the goods specified in the document book or to the person who declares that he has the right to dispose of these goods freely. In addition, as far as the issuing chamber knows, the holder should not violate the following conditions:

Jujube has an open residence in the issuing country (unless domestic laws give it greater convenience);

jujube has absolute debt repayment ability.

as the guarantee chambers of various countries will assume the guarantee responsibility for all ATA documents issued by their countries/regions, the issuing agencies of various countries have the right to restrict the qualifications of the holders at their own discretion. In any case, the issuing institution has the right to refuse to issue ATA carnet to a specific applicant without giving reasons.

On the other hand, the annex of Istanbul Convention and the related international goods conventions of ATA Convention specify the beneficiaries of temporary import in detail, which in fact restricts the persons who have the right to engage in a specific temporary import activity by using the ATA carnet.

For example, Article 3 of Annex B2 of Istanbul Convention, namely the Annex on Professional Equipment, stipulates that any professional equipment under the ATA carnet must meet three conditions at the same time: "First, the owner of professional equipment is a natural person or legal person who is settled or established outside the intended temporary importing country; Second, if the person who imports the equipment is not the owner, he must be a legal person or natural person who is settled or established abroad; Third, professional equipment should be used only by temporary importers or under their supervision. " According to this provision, companies in a member country of the Istanbul Convention cannot temporarily import professional equipment from abroad for duty-free use after applying for a certificate book in a foreign country.

In addition, Annex B3 of Istanbul Convention, namely Annex 4, Paragraph 1 (d) of Import Goods Related to Commercial Activities, also stipulates that "the owners of samples and advertising films must set up or settle outside the customs clearance area where they are temporarily allowed to import."

therefore, before issuing the ATA carnet, the issuing institution should verify whether the applicant meets the conditions stipulated in the relevant goods annex according to the actual purpose of the carnet.

(2) Authorized representative of ATA carnet

The authorized representative of ATA carnet is the person who actually handles import and export customs declaration at home and abroad with the carnet. There are no restrictions on the qualifications of authorized representatives in relevant international conventions. The person who submits the document book to the customs for customs declaration can be the holder himself, or the holder's domestic or foreign customs declaration agent, commercial agent, potential buyer, etc.

2. Preliminary examination of goods

(1) Whether the goods meet the basic requirements for using ATA carnet

First, the goods using ATA carnet must be temporarily imported goods, that is, goods re-exported from the temporarily imported countries in the original state at the time of import within a certain period after import.

Secondly, the purpose of ATA Documentary is to facilitate the holders to seek foreign orders for their products and promote the exchange of science, technology, culture and sports. Based on this principle, the ATA carnet cannot be used for the following goods:

A. Articles to be sold;

B. spare parts and other articles to be used for commercial processing and repair;

C. Consumables or consumer goods (usually not re-exported)