The operation of the ATA Documentary Book system mainly involves the issuance of ATA Documentary Book, the use of specific issues in various aspects such as cancellation, as well as the national guarantees of the Chamber of Commerce, the Chamber of Commerce and Customs issued by the mutual coordination and division of responsibilities between the Customs.
The actual operation of the ATA document booklet system includes four steps:
One, the International Bureau of the International Chamber of Commerce to establish the ATA International Joint Guarantee System, countries to designate the corresponding guarantor and certifying chambers of commerce.
Second, the owner of the goods to be authorized by the certifying chamber of commerce to apply, submit the appropriate application documents, certification fees, guarantees, certifying chambers of commerce after examination and approval, the issuance of the ATA book of documents.
Third, the book of documents with the flow of goods in various countries between the Customs, with which the goods are temporarily allowed to import and export and transit and other types of customs clearance procedures.
Four, after the use of the book of documents returned to the issuing chamber of commerce for cancellation. If there is a failure to comply with the rules of use, the book of documents into the claims stage, pending the completion of the claims, the book of documents canceled.
ATA Document Book has outstanding practicality, which determines the ATA Document Book system in the process of operation, with the theory and practice of close integration of the characteristics. In addition, with the development of international trade and economic cooperation, the ATA document booklet system in the implementation of 36 years, and constantly solve a variety of new problems in practice, reflecting the ability to accommodate a large number of new ways of international trade. ATA document booklet system in the operation of the distinctive manifestation of this feature.
Certification and guarantee
ATA Documentary Book system in the operation of the process, in addition to the establishment of guarantee institutions, certification bodies and other prerequisites, including the issuance of the main, the use of the three phases of the actual application and cancellation. Among them, the issuance stage of the book of documents is to determine whether the book of documents can be successfully used and canceled, to avoid claims, so that the Chamber of Commerce and the relevant countries of the national interests of the basis for effective protection. Therefore, the authorized visa issuing chamber of commerce in the issuance stage plays a very important role. Specifically, the ATA documentary book of evidence is mainly divided into three parts:
One, the issuance of the preparatory stage
The issuing agency in the issuance of the ATA documentary book of evidence, should first of all, the applicant and the goods whether the right to use the book of documents for a preliminary review.
1. ATA Document Book user
(1) ATA Document Book holder
ATA Document Book holder is not necessarily the owner of the goods, but he must bear the financial responsibility for the goods under the Document Book. According to the Istanbul Convention, Annex A, Article 8, in any case, because of the goods do not comply with the conditions of temporary permission to import, or transit, transit conditions of transport, and thus incur import duties and other payments due, in addition to the Istanbul Convention, Article 4, paragraph 4 of the payment, the bearer of the book of documents with the certifying chamber of commerce **** with or alone shall be liable for payment.
Usually, the Documentary Book is issued to a legal or natural person domiciled or established in the issuing country, which may be a trader, a manufacturer, a freight forwarder, and so on. However, the ATA Convention and the Istanbul Convention on the qualifications of the bearer are not restricted, whether the bearer is settled or established in the issuing country, whether a natural person or legal person, is not a necessary condition for the issuance of the book of documents, therefore, in general, the issuing agency does not need to take into account the applicant's place of residence or domicile of the book of documents.
Article 3 of the Declaration of the International Bureau of the International Chamber of Commerce, which national chambers of guarantors are required to sign, provides that the book of documents shall be handed over to the owner of the goods stated therein or to the person who declares that he has the right to dispose of them freely. Furthermore, to the best of the knowledge of the issuing chamber, the licensee shall not be in breach of the following conditions:
The date has a public residence in the issuing country (unless greater facilities are granted by domestic law);
The date has absolute solvency of the debt.
Because the National Chambers of Guarantors assume liability for the entire ATA documentary book issued in their countries/regions, the National Issuing Agencies have the right to limit the qualifications of the licensee at their discretion. In any case, a licensing authority has the right to refuse to issue an ATA document book to a particular applicant without giving reasons.
On the other hand, the beneficiaries of temporary importation are specified in detail in the Annex to the Istanbul Convention and in the relevant international goods conventions of the ATA Convention, which de facto restricts the persons who are entitled to use the ATA document booklet for the purpose of engaging in a particular temporary importation activity.
For example, Article 3 of Annex B2 to the Istanbul Convention, the Annex on Professional Equipment, provides that any professional equipment under the ATA Document Book must simultaneously meet three conditions: "First, the owner of the professional equipment is a natural or legal person domiciled or established outside the country of the intended temporary importation; second, if the person importing the equipment is not the owner, he must be a legal or natural person domiciled or established outside the territory; and thirdly, the professional equipment shall be used only by or under the supervision of the person who is temporarily authorized to import it." According to this provision, a company located in one of the member countries of the Istanbul Convention cannot import professional equipment from abroad on the basis of its provisional authorization for duty-free importation from abroad for use in its own country after applying for a document register in a foreign country.
In addition, Article 4, paragraph 1, subparagraph d, of Annex B3 of the Istanbul Convention, the Annex on Containers, Pallets, Packaging Materials, Samples, and Other Goods Imported in Connection with Commercial Activities, similarly provides that "the owner of the samples and of the advertising films must be established or domiciled outside the customs territory of the place of temporary importation."
Therefore, before issuing the ATA Documentary Book, the issuing organization should verify whether the applicant meets the conditions stipulated in the Bylaw for the relevant goods according to the actual purpose of using the Documentary Book.
(2) authorized representative of the ATA document book
The authorized representative of the ATA document book is to hold the document book at home and abroad in the Customs and Excise Department to actually handle the import and export declaration of the person. The relevant international conventions on the authorized representative of the qualifications are not limited to the Customs to submit the book of documents for customs clearance procedures can be the holder himself, or the holder of domestic or foreign customs agents, commercial agents, potential buyers and so on.
2. Preliminary examination of the goods
(1) whether the goods meet the basic requirements for the use of ATA documents book
First, the use of ATA documents book of the goods must be temporary imported goods, that is, after a certain period of time after the import of the goods imported in accordance with the original status of the goods re-exported from the temporary importing country.
Secondly, the purpose of the establishment of the ATA document booklet is to facilitate the licensee to seek foreign orders for its products, and to promote scientific and technological, cultural and sports exchanges. From this principle, the following goods are not eligible for the use of the ATA Documentary List:
a. Goods to be sold;
b. Spare parts and other goods to be used for commercial processing, repair;
c. Consumables or consumer goods (which are not normally re-exportable), etc.