IX.6.5. Claim against the guarantor association

Article 11, paragraph 3, of the TIR Convention

After at least one month has elapsed from the date of notification of non-completion and within two years from that same date of notification, the amount due may be claimed from the guarantor association. In particular, it is important to avoid submitting a premature claim (i.e., before the expiration of the aforementioned one-month period), as this could jeopardize its validity.

In practice, the first of these two deadlines will apply when there is no prospect of collecting the debt by appealing to the person or persons directly responsible and when the specific location where the violation or irregularity occurred is unknown. The second term will be used when there is a likelihood of collecting the debt by addressing the person or persons directly responsible.

All claims made to the national guarantor association are forwarded to the IRU, which allows the latter to "verify" the validity of the claims. Therefore, it is important that all claims be supported by supporting documents demonstrating, at a minimum, that the irregularity has resulted in the payment of import duties and taxes, that the debtor has been identified, that measures have been taken to require the debtor to pay the amounts owed, and that notifications have been sent appropriately and within the appropriate timeframe.