III.3.2. Individual guarantee in the form of a commitment signed by a guarantor
Article 20 of Appendix I to the Convention
Commitments granted by a guarantor for the purposes of an individual guarantee are presented and approved at the guarantee customs office. This customs office will have to register them in the Guarantee Management System (GUM). The GUM is linked to the NCTS.
Article 92 of the CAU
Articles 152 and 154 of the AE
In relation to each commitment entered into by a guarantor, the guarantee customs office shall communicate the following information to the holder of the regime:
- a warranty reference number (GRN);
- an access code associated with that number.
The holder of the regime may not modify said access code.
When a customs declaration is submitted, it must contain this number and the corresponding access code. The customs office of departure will verify the existence and validity of the guarantee in the system.
In the case of a business continuity procedure, the guarantor's commitment must be presented at the customs office of departure. In cases where the customs office of guarantee is not the customs office of departure and has therefore retained a copy of the guarantor's undertaking, the customs office of departure must inform the customs office of guarantee when it has returned the original undertaking to the holder of the procedure.
The guarantor's commitment model is set out in Annex C1 of Appendix III to the Convention/Annex 32-01 to the AE. However, where required by common practice or national laws, regulations or administrative provisions, each country may allow the commitment to take the form of a different model, provided that it has the same legal effects as the model provided for in Annex C1 or Annex 32-01.