On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Islamic Republic of Iran on International Road Transportation of Passengers and Cargo

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The Law of the Republic of Kazakhstan dated October 12, 2015 No. 357-V SAM

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Islamic Republic of Iran on International Road Transportation of Passengers and Cargo, signed in Astana on September 9, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the Government of of the Islamic Republic of Iran on International road transport of Passengers and cargo

The Government of the Republic of Kazakhstan and the Government of the Islamic Republic of Iran, hereinafter referred to as the Parties, wishing to promote the development of road transport between the two countries in the economic interests of both States, have agreed as follows:

Article 1 Scope of application

The purpose of this Agreement is to regulate international passenger and/or freight road transport between the States of the Parties, as well as transit traffic through their territories and transportation to/from third countries performed by vehicles registered in one of the States of the Parties. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.

Article 2 Definitions

For the purposes of this Agreement: 1. "Carrier" means any natural or legal person registered in the territory of the State of one of the Parties, which, according to the national legislation of the relevant State, is authorized to carry out international road transportation of passengers and cargo. 2. "Cargo vehicle" means any motor vehicle or combination of vehicles that are registered in the territory of a State of one of the Parties and are equipped exclusively for the carriage of goods by road. 3. "Passenger vehicle" means any mechanical vehicle registered in the territory of the State of one of the Parties, which by its design and design has more than nine seats, including the driver's seat, and is intended for the carriage of passengers. 4. "Regular passenger transportation" means any service that provides transportation of passengers along a specific route and schedule, when passengers disembark and board at pre-established stopping points. 5. "Permit" means a document issued by the competent authorities of the Parties, which authorizes vehicles to carry out bilateral transit transportation through the territories of the States of the parties, as well as transportation to/from third countries. 6. "Competent authority" means: a) for the Republic of Kazakhstan — the Ministry of Investment and Development; b) for the Islamic Republic of Iran — the Ministry of Roads and Urban Development. In the event of a change in the official names and/or functions of the competent authorities, the Parties will be notified promptly through diplomatic channels.

Article 3 Regular passenger transportation

1. Regular passenger transportation is carried out on the basis of permits. 2. Permits are not required for regular passenger transit. 3. Permits for scheduled passenger transportation are issued on the basis of an application sent by the carrier to the competent authority of the country of its registration, accompanied by documents in accordance with national legislation, as well as the following documents: a) the scheme of the regular route; b) schedules of the regular route indicating the starting and ending points, border crossing points, destination and number of trips. 4. If the application is satisfied, the competent authority of one of the Parties shall send the necessary documents to the competent authority of the other Party in accordance with its national legislation.

Article 4 Irregular passenger transportation

1. Permits are not required for irregular passenger transport, when the same group of passengers is transported on the same vehicle. Permissions are also not required.: a) for a trip starting in the territory of the State of registration of the vehicle and ending in the territory of the State of the other Party, provided that the vehicle returns to the country of registration empty; b) when replacing a defective passenger vehicle. 2. Irregular passenger transportation must be carried out in the presence of a control document (passenger list). 3. During irregular passenger transportation, it is prohibited to board additional passengers (except for passengers specified in the control document).

Article 5 Cargo transportation

1. International road transport of goods between the States of both Sides or in transit through their territories or to/from third countries is carried out on the basis of permits. 2. Each permit is valid for one cargo vehicle, as well as for one round trip. 3. The competent authorities of the States of the Parties annually exchange the mutually agreed number of permits for the carriage of goods and establish the validity period of the permits.

Article 6 Prohibition of domestic transportation

The provisions of this Agreement prohibit carriers of the State of one of the Parties from carrying out passenger or cargo transportation between points within the territory of the State of the other Party.

Article 7 Weights and dimensions

1. The Parties undertake not to apply stricter requirements to the weight and dimensions of vehicles registered in the territory of the State of the other Party than those imposed on vehicles registered within their own territory. 2. Drivers of a vehicle of the State of one of the Parties are obliged to comply with the national legislation of the State of the other Party regarding the weight and dimensions of vehicles when entering the territory of the other Party. 3. If the weight or dimensions of a vehicle registered in the State of one of the Parties exceed the maximum permissible weight or dimensions of the State of the other Party, a special permit is required. The carrier must obtain an appropriate special permit from the competent authority of the State of the other Party before entering its territory.

Article 8 Taxes and fees

In accordance with this Agreement, the transportation of passengers and goods carried out by carriers of the State of one of the Parties on the territory of the State of the other Party, as well as vehicles performing these transportation, are exempt from taxes, fees and other payments related to the ownership of vehicles, with the exception of fees for toll roads, bridges and tunnels. The following are exempt from customs duties and taxes: a) spare parts imported for vehicle repairs. The replaced parts must be handed over to the competent authorities or destroyed in that country. Unused spare parts must be exported to the country from which they were imported. b) fuel contained in the provided tanks of the vehicle during transportation and technologically related to the engine power system; c) lubricants intended for use by the vehicle; d) temporary import of vehicles into the territory of the State of the other Party.

Article 9 Application of national legislation

Carriers, drivers and crews of vehicles, while on the territory of the State of the other Party, must comply with the national legislation of that State.

Article 10 Violations

In case of any violation of the provisions of this Agreement by the driver or crew of vehicles during their stay in the territory of the State of the other Party, this Party shall take measures in accordance with the national legislation of its State and notify the other Party.

Article 11 Joint Commission

A Joint Commission is established to resolve problems and issues related to the application of this Agreement that cannot be resolved directly between the competent authorities of the Parties. The Joint Commission meets alternately in the territory of the State of one of the Parties at the request of the competent authorities and may include representatives of other competent authorities of both Parties. The Joint Commission may recommend amendments and additions to this Agreement.

Article 12 Amendments and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are its integral parts, formalized by separate protocols, and enter into force in accordance with the procedure provided for in Article 13 of this Agreement.

Article 13 Entry into force and period of validity

1. This Agreement shall enter into force upon the expiration of 30 (thirty) days from the date of receipt through diplomatic channels of the last written notification by the Parties on the completion of the internal procedures necessary for its entry into force. 2. This Agreement is concluded for an indefinite period and will remain in force until the expiration of 6 (six) months from the date when one of the Parties receives through diplomatic channels a written notification from the other Party of the latter's intention to terminate it.

Done in Astana on September 9, 2014, which corresponds to 18 Shahrivar 1393 in two original copies, in Kazakh, Persian, English and Russian, all texts being equally authentic. In case of discrepancies in the interpretation or application of this Agreement, the Parties will refer to the English text.

For the Government of the Republic of Kazakhstan

For the Government The Islamic Republic of Iran

RCPI's note! The following is the text of the Agreement in Persian and English.

President

Republic of Kazakhstan

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