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

Home / RLA / On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on International Road Transportation of Passengers and Cargo

The Law of the Republic of Kazakhstan dated December 10, 1998 No. 310

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on International Road Transportation of Passengers and Cargo, signed in Almaty on February 27, 1997.

President of the Republic of Kazakhstan

application

Agreement between the Government of the Republic of Kazakhstan and By the Government of Turkmenistan on international road transportation of passengers and cargo

(Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 1, art. 5) (Entered into force on January 29, 1999 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 175)

The Government of the Republic of Kazakhstan and the Government of Turkmenistan, hereinafter referred to as the "Contracting Parties", wishing to promote the mutually beneficial development of trade and economic relations in order to develop and regulate international automobile passenger and cargo transportation between the two countries and transit through their territories on the basis of equality and mutual benefit, have agreed as follows:

 Article 1. Scope of application 1. The provisions of this Agreement shall apply to passenger and cargo transportation performed by motor vehicles registered in the territory of one of the two States in direct communication between the Republic of Kazakhstan and Turkmenistan, or transit through their territories on roads open to international automobile traffic. 2. This Agreement does not affect the rights and obligations of the Contracting Parties arising from the provisions of other bilateral or multilateral agreements concluded by them in the field of international road freight or passenger transportation.

Article 2. Definitions For the purposes of this Agreement: 1. The term "carrier" means any natural or legal person having its main location in the Republic of Kazakhstan or Turkmenistan, which, in accordance with the national legislation in force in the State of registration of the vehicle, is authorized to carry out international passenger or cargo transportation on a commercial basis or at its own expense. 2. The term "motor vehicle" means: a) when transporting passengers, a bus or any motor vehicle with a mechanical drive designed to carry more than nine passengers, including the driver; b) when transporting goods, any motor vehicle with a mechanical drive designed to transport goods, including a combination of one tractor-trailer vehicle or a semi-trailer, while the vehicle must be registered in the territory of its state. 3. The term "permit" means a document of the prescribed form issued for use with the payment of fees or with exemption from payment of fees in accordance with the applicable legislation of the State of each of the Contracting Parties, and which for freight and passenger transportation gives the owner of the vehicle the right to make one round trip in direct communication or transit through the territory of the other State. Of the Contracting Party during the period of its validity in one direction. 4. The term "special permit" means a document authorizing the carrier to carry out transportation of bulky, heavy and dangerous goods by motor vehicle, in accordance with the applicable domestic legislation of the States of the Contracting Parties through whose territory the transportation is carried out. 5. The term "regular passenger transportation" means transportation carried out along established routes with a certain frequency of movement, during which passengers board and disembark at pre-determined stopping points in accordance with an agreed schedule and fares. 6. The term "irregular (unforeseen) transportation" refers to all other passenger transportation. 7. The term "coastal transportation" means transportation performed by a carrier of the State of one Contracting Party between two points located on the territory of the State of the other Contracting Party. 8. The term "transit" means the passage of vehicles of one Contracting Party through the territory of the State of the other Contracting Party to or from third countries.

Passenger transportation

Article Z. Regular transportation 1. Regular transportation of passengers by buses is carried out on the basis of permits agreed upon between the competent authorities of the Contracting Parties. 2. Regular bus services may be organized by prior approval by the competent authority of each Contracting Party of the routes passing through the territory of its State, in accordance with the requirements of national legislation. Approval can be submitted for a period of 1 to 5 years based on the decision of the competent authorities to open a regular communication. 3. Applications in accordance with paragraph 2 of this Article shall be transmitted in writing to the competent authority of the other Contracting Party. Applications must include the following information: - name and address of the carrier; - fares, route, timetable; - scheduled period and frequency of transportation; - points of embarkation and disembarkation of passengers; - service life, rest stops and meal stops. 4. The competent authorities of each of the Contracting Parties shall determine by mutual agreement, in a working procedure or by decision of the Joint Commission referred to in Article 14 of this Agreement, the following issues: a) introduction of new bus services; b) timetable of motor vehicles; c) tariffs; d) conditions of transportation (routes); e) reduction, development or termination of regular bus services on certain routes; f) other issues related to regular services.

Article 4. Irregular (unforeseen) transportation 1. Irregular transportation in direct and transit traffic is carried out by carriers of one of the States of the Contracting Parties on the basis of permits issued by the competent authority of the other Contracting Party. 2. The competent authorities of both Contracting Parties shall annually coordinate the types of permits among themselves on the basis of reciprocity.

 Cargo transportation

 Article 5 1. The carriage of goods between the States of the Contracting Parties and in transit through their territory, with the exception of the cases specified in Article 6 of this Agreement, shall be carried out on the basis of permits. A separate permit must be issued for each flight and vehicle. A permit is also required for empty vehicles entering or transiting through the territory of one of the States of the Contracting Parties. 2. A permit for a carrier from a State of one Contracting Party is issued by the competent authority of the other Contracting Party upon entry into the territory of that Contracting Party. 3. The transfer of the permit to another carrier or its use for another vehicle is prohibited. 4. The permit authorizes the carrier to transport goods both in direct communication and to carry goods in the opposite direction from the territory of the State of the other Contracting Party, subject to the assignment of these goods to the State of registration of the vehicle and the consent of the competent authorities of that Contracting Party.

Article 6. Transportation exempt from obtaining permissions 1. In direct or transit traffic, if appropriate documents are available, permits are not required for the following transportation: a) empty vehicles intended to replace and transport damaged or injured vehicles, as well as technical assistance vehicles for towing or repairing them; b) bodies and ashes of the deceased; (c) Motor vehicles, objects and exhibits, equipment and implements, animals and materials intended for fairs, exhibitions or other cultural, technical and sporting events; (d) objects and equipment used for advertising purposes, subject to their re-export; (e) movable property during resettlement; (f) theatrical decorations and props, musical instruments, equipment and accessories for filming, radio and television programs; g) medical equipment and medicines to provide assistance in the event of a natural disaster, as well as for the transportation of goods within the framework of humanitarian aid; h) public postal transportation. 2. The Joint Commission referred to in Article 14 of this Agreement has the authority to amend and supplement the list provided in this article. These additions and amendments come into force after compliance with domestic procedures.

 General provisions

Article 7. Cabotage The carrier of the State of one Contracting Party is prohibited from carrying out passenger or cargo transportation between two points located in the territory of the State of the other Contracting Party.

Article 8. Transportation of goods to and from third countries 1. On the basis of reciprocity, carriers of the State of one of the Contracting Parties authorized in accordance with Article 1 of this Agreement may carry out cargo transportation from the territory of the State of the other Contracting Party to third countries, as well as back, with the permission of the competent authority of this Contracting Party. 2. The competent authorities of the Contracting Parties will provide assistance to carriers of the State of the other Contracting Party.

 Article 9. Transportation of bulky, heavy and dangerous goods 1. When the total weight, overall dimensions and axle load of a motor vehicle exceed the permissible standards established in the territory of the State of the other Contracting Party, as well as when transporting dangerous goods, it is necessary to obtain in advance a special permit from the competent authorities of the other Contracting Party. 2. If the permit provides for the movement of a vehicle along a specific route, then transportation should be carried out only along the specified route. 3. A special permit does not exclude the need to obtain a permit for transportation specified in paragraph 1 of Article 5 of this Agreement.  

Article 10 Prohibits the transportation between the two States, as well as transit through their territories of weapons, ammunition, and military equipment prohibited by the domestic legislation of the Contracting Parties.

Article 11. Civil liability insurance Transportation of passengers and cargo on the basis of this Agreement is carried out subject to advance compulsory insurance of the carrier's civil liability for possible damage to third parties.

Article 12. 1. The competent authorities of the Contracting Parties shall monitor the carriage of passengers and goods carried out in accordance with the provisions of this Agreement on the territory of their States. 2. Each of the Contracting Parties recognizes in the territory of its State registration documents, license plates and distinctive signs for motor vehicles, qualification certificates for the right to drive them, issued by the competent authorities of the Contracting Parties. 3. Permits and other documents required in accordance with the provisions of this Agreement must be carried with the vehicle to which they relate and must be presented at the request of the competent regulatory authorities of the Contracting Parties. 4. Drivers of vehicles registered in the territory of the State of one Contracting Party performing international transportation in the territory of the State of the other Contracting Party must have national or international driving licenses and relevant documents for vehicles and cargo in accordance with international requirements.

Article 13. Customs regulations 1. a) motor vehicles, trailers and semi-trailers registered in the territory of the State of one of the Contracting Parties, used for the transportation of passengers and goods specified in this Agreement and temporarily admitted to the territory of the State of the other Contracting Party, are exempt from customs duties, fees and taxes, subject to their return. The same regime applies to spare parts, accessories and ordinary equipment necessary for transportation activities, imported with the specified vehicles and returned with them. 2. The fuel contained in the tanks installed on vehicles provided by the manufacturer, as well as the required amount of lubricants for the operation of the vehicle for the appropriate period of transportation. 3. Spare units that are temporarily imported into the territory of the State of the other Contracting Party for the repair of a vehicle carrying out transportation under this Agreement, in the presence of a document drawn up by the customs authority upon entry into the country. The replaced units must be exported back to the country of registration of the vehicle or destroyed under the control of customs authorities. 4. With regard to border, sanitary, phytosanitary and customs control related to border crossing, the provisions of national legislation in force in the territory of the State of each Contracting Party, as well as the provisions of international agreements and conventions to which the Contracting Parties are Parties, shall apply. 5. Border, customs and sanitary control during the transportation of seriously ill people, regular transportation of passengers and baggage, as well as during the transportation of animals and perishable goods will be carried out out of turn.

Article 14. The Joint Commission 1. To consider and resolve issues arising from the interpretation and application of this Agreement, a Joint Commission shall be established, which shall include representatives of the competent authorities from both Contracting Parties. 2. Meetings of the Joint Commission shall be held at the request of one of the competent authorities alternately in the territory of the States of the Contracting Parties. 3. The Joint Commission shall consider proposals for making additions or amendments to this Agreement. Such amendments or additions shall enter into force from the moment of the exchange of the ratification notes and their approval in accordance with the domestic procedures of the Contracting Parties.

Article 15. Fees and charges 1. The income received by carriers of the State of one Contracting Party from passenger and cargo transportation performed in accordance with the provisions of this Agreement, as well as motor vehicles at the expense of which these transportation is carried out, are mutually exempt from taxes on income and taxes on property in the territory of the State of the other Contracting Party. 2. Income earned as a result of the operation of motor vehicles in international traffic is taxed in the territory of the State where the carrier's actual residence is located. If the Contracting Parties conclude an agreement on the elimination of double taxation, the provisions of this agreement will apply. 3. Motor vehicles performing transportation are exempt from paying taxes and fees on motor transport operating in the territory of the State of the other Contracting Party, with the exception of: a) fees for the use of toll roads and bridges; b) fees to cover expenses related to the maintenance, safety and management of roads and traffic; c) fees for exceeding the weight, dimensions, and load capacity of the vehicle in accordance with the standards established by the domestic legislation of the Contracting Parties; d) fees to cover the difference between domestic and international prices for motor vehicle fuel.

 Final provisions

Article 16. Application of national legislation In all cases not regulated by the provisions of this Agreement or international treaties to which both States are parties, the domestic national legislation of each of the Contracting Parties will apply.

Article 17. Sanctions 1. In case of non-compliance by carriers or personnel servicing a vehicle with the applicable national legislation of the host State or the provisions of this Agreement, the competent authority of the Contracting Party in whose territory the violation occurred may take the following measures: a) warn the carrier for its violation; b) temporarily, partially or completely deprive the carrier of the rights to carry out transportation on the territory the State of the Contracting Party where the violation was committed. 2. The competent authority that has taken such measures must inform the competent authority of the other Contracting Party in a timely manner.

 Article 18. Assistance in case of accidents or accidents The competent authorities of the Contracting Parties shall provide them with the necessary assistance in case of road traffic accidents, accidents involving motor vehicles or accidents involving crew members and passengers, and in case of serious accidents or accidents, notify the competent authorities of the other Contracting Party and inform them of the results of the investigation.

 Article 19. Disputes Any dispute over the interpretation or application of this Agreement will be resolved through direct negotiations between the competent authorities of the Contracting Parties at a meeting of the Joint Commission. If the competent authorities have not reached a single agreement, then the materials are subject to diplomatic settlement.

 Article 20. Competent authorities

The competent authorities authorized to implement the provisions of this Agreement are: from Turkmenistan: - Ministry of Motor Transport of Turkmenistan; - Ministry of Internal Affairs of Turkmenistan; - Ministry of Economy and Finance of Turkmenistan; from the Republic of Kazakhstan: - Ministry of Transport and Communications of the Republic of Kazakhstan; - Ministry of Internal Affairs of the Republic of Kazakhstan; - Customs Committee of the Republic of Kazakhstan; - State Tax Committee of the Republic of Kazakhstan. The Contracting Parties will inform each other of all changes to the relevant competent authorities in a timely manner.

Article 21. Entry into force 1. This Agreement shall enter into force on the 30th day following the date on which the Contracting Parties inform each other through diplomatic channels that the necessary procedures have been completed in each State in accordance with domestic law. 2. This Agreement is concluded for a period of 5 years and will be automatically extended each time for the next 5 years, until one of the Contracting Parties declares in writing its intention to terminate its validity period at least 90 days before the expiration date. Done in Almaty on February 27, 1997, in two copies, each in the Kazakh, Turkmen and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Contracting Parties will be guided by the text in Russian.

President

Republic of Kazakhstan

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