On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on International Transportation of Passengers and Cargo

Home / RLA / On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on International Transportation of Passengers and Cargo

The Law of the Republic of Kazakhstan dated November 18, 2003 N 497

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on the International Carriage of Passengers and Goods, concluded in Bern on January 20, 2003.

President of the Republic of Kazakhstan

Agreement * between the Government of the Republic of Kazakhstan and the Swiss Federal Council on International Transportation of Passengers and Cargo

*(Entered into force on November 28, 2003 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 9, art. 55)

The Government of the Republic of Kazakhstan and the Swiss Federal Council, hereinafter referred to as the Contracting Parties, wishing to facilitate the road transport of passengers and goods between the States of the Contracting Parties, as well as transit traffic through their territories, have agreed as follows:

Article 1 General provisions

1. The provisions of this Agreement shall apply to international road transport of passengers and goods, in which the point of departure or destination of the route is located in the territory of the State of one of the Contracting Parties, and the vehicle carrying out the transportation is registered in the territory of the State of the other Contracting Party. 2. This Agreement does not affect the rights and obligations of the Contracting Parties arising from other international treaties to which they are parties.

Article 2 Terms used

1. The carrier is an individual or legal entity registered in the Republic of Kazakhstan or Switzerland, which is authorized in accordance with the laws of the respective countries to carry passengers and cargo. 2. Vehicle - a motor vehicle with a mechanical drive, as well as a motor vehicle with a trailer or semi-trailer designed to carry: a) passengers in the number of more than nine seats, including the driver; b) cargo. 3. Permit is a document issued by the competent authority of the State of one Contracting Party and entitling/enabling a motor vehicle registered in the State of the other Contracting Party to travel through or through the territory of the State of the Contracting Party that issued the permit.

Article 3 Passenger transportation

1. Irregular transportation of passengers is exempt from the need to obtain a permit if the following conditions are met: a) transportation of the same persons by the same vehicle during the entire journey from the point of departure to the destination located within the territory of the States of the Contracting Parties in one of which the vehicle is registered, performed without boarding or disembarking passengers along the entire route and at stops outside the specified countries (a trip with closed doors); b) transportation of groups of people from the country in whose territory the vehicle is registered to the State of the other Contracting Party provides for the return of the vehicle from the State of the Contracting Party without passengers on board; c) transportation of groups of people from a point in the territory of the State of one Contracting Party to a point in the State of the other Contracting Party in which the vehicle is registered, providing for a "return" trip preceded by a trip without passengers, provided that the passengers are united by a contract of carriage concluded prior to arrival in the country from which they were taken on board; they were previously delivered by the same carrier, in accordance with the terms of paragraph "b" of this article, to the country in which they were taken on board and transported outside that country; they were invited to the territory of the State of the other Contracting Party and the transportation costs are covered by the inviting party. Passengers should be grouped into a homogeneous group, but not only according to the purpose of the trip; d) transit traffic through the territory of the State of the other Contracting Party. 2. Passenger transportation is exempt from the need to obtain a permit for: pendulum transportation in transit through or directly through the territory of the State of the other Contracting Party; unloaded transportation by motor vehicles related to pendulum transportation. 3. The transportation specified in paragraphs 1 and 2 of this Article is carried out in the presence of an accompanying control document. 4. For other modes of transport other than those specified in paragraphs 1 and 2 of this Article, a permit is required in accordance with national legislation and instructions of the States of the Contracting Parties. Permits are issued on an interchange basis.

Article 4 Cargo transportation

1. The carrier of the State of one Contracting Party is obliged to obtain a permit for the temporary entry of an empty or loaded vehicle into the territory of the State of the other Contracting Party in order to perform the following transport services: a) between any point in the territory of the State of one Contracting Party and any point in the territory of the State of the other Contracting Party; or b) transportation begins from the territory of the State of the other Contracting Party and goes to a third country or from a third country goes to the territory of the State of the other Contracting Party; c) during transit through the territory of the State of the other Contracting Party. 2. Exceptions to the permissive regime are listed in the Protocol to this Agreement in accordance with Article 9 of this Agreement. 3. When the dimensions or weight of a vehicle traveling without cargo or with cargo exceed the standards established in the territory of the State of the other Contracting Party, the carrier must obtain a special permit from the competent authorities of the State of the other Contracting Party.

Article 5 Application of national legislation

In all cases not regulated by this Agreement, carriers and drivers of the State of one Contracting Party traveling through the territory of the State of the other Contracting Party are obliged to comply with the legislation of the latter, and there should be no discriminatory manifestations towards carriers.

Article 6 Prohibition of inland transportation (coastal transportation)

The carrier of the State of one Contracting Party is prohibited from transporting passengers and goods between points located on the territory of the State of the other Contracting Party. The Joint Commission referred to in Article 10 of the Agreement may introduce exceptions to this rule.

Article 7 Violations

1. The competent authorities of the States of the Contracting Parties shall ensure that carriers comply with the provisions of this Agreement. 2. In the event of a violation by carriers and drivers of the State of one Contracting Party located in the territory of the State of the other Contracting Party of the provisions of this Agreement, the authorities of the State of the Contracting Party where the vehicle is registered, at the request of the competent authority of the State of the Contracting Party in whose territory the offense was committed, shall take the following measures:; b) suspension of the permit for transportation within the territory of the State of the Contracting Party where the violation occurred: temporarily, partially or completely. 3. The competent authority of the State of one Contracting Party shall notify the competent authority of the State of the other Contracting Party of the measures taken. 4. Each Contracting Party must respect the punishment imposed by a court or competent authority of the State of the other Contracting Party, in accordance with the national legislation provided for the relevant offenses in the relevant territory.

Article 8 Competent authorities

The Contracting Parties must notify each other of the authorities responsible for the implementation of this Agreement. These authorities communicate directly. In the event of a change in the official name or functions of the competent authorities of the States of the Contracting Parties, the Contracting Parties will immediately notify each other through diplomatic channels.

Article 9 Implementation and application

The methods of implementation and application of this Agreement are determined by a separate Protocol, which is an integral part of the Agreement.

Article 10 Joint Commission

1. The Contracting Parties shall establish a Joint Commission consisting of representatives of the competent authorities of their States, which will regulate all issues related to the implementation and application of this Agreement. Meetings of the Joint Commission are held on the proposal of the competent authority of the State of one of the Contracting Parties in turn in the territories of the States of the Contracting Parties. 2. The Joint Commission has the right to modify or improve the Protocol specified in Article 9.

Article 11 Extension of this Agreement to the Principality of Liechtenstein

In accordance with the official request of the Principality of Liechtenstein, the provisions of the said Agreement apply to the said country as long as the Customs Agreement with Switzerland remains in force.

Article 12 Entry into force and term of validity

1. This Agreement shall enter into force on the date of the last written notification that the Contracting Parties have completed 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 months from the date when one of the Contracting Parties sends a written notification to the other Contracting Party of its intention to denounce it. 3. By mutual agreement of the Contracting Parties, amendments and additions may be made to this Agreement, which are formalized by separate protocols that are integral parts of this Agreement. In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in Bern on January 20, 2003, in two original copies, each in the Kazakh, French and Russian languages, all texts being equally authentic.

For the Government of the Swiss Republic of Kazakhstan The Federal Council

Protocol to the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on International Carriage of Passengers and Cargo

1. Passenger transportation (Article 3)

Transportation in accordance with paragraphs 1 and 2 of Article 3 is carried out in the presence of a waybill and a passenger list. A request for a permit ensuring the performance of other passenger transportation that does not meet the conditions of paragraphs 1 and 2 of Article 3 (in particular, regular lines) must be submitted for consideration to the competent authority of the country of registration of the vehicle, which will be submitted to the competent authority of the State of the other Contracting Party. In their request, carriers must provide the timetable, fares, route layout and other information requested by the competent authority. The permit procedure and other related issues are generally regulated by the competent authorities of the States of the Contracting Parties on the basis of interaction. The competent authority of the State of one Contracting Party that issued the permit must notify the competent authority of the State of the other Contracting Party by providing a copy of the issued document. The permit is stored in the vehicle and must be submitted at the request of the regulatory authority. For regular transportation, the number of the vehicle indicated in the issued permit must match the number of the vehicle carrying out transportation along this route. When transiting an empty vehicle, the carrier must confirm that he is crossing the territory of the State of the other Contracting Party in an empty vehicle. Upon presentation of confirmation that the vehicle has been sent to replace a damaged or out-of-order bus, the unloaded vehicle is exempt from the need to obtain an entry permit.

2. Freight transportation (Article 4)

In the case of a combined vehicle consisting of elements belonging to different States, the provisions of this Agreement will apply to this vehicle only if the power-driven vehicle is registered in one of the States of the Contracting Parties. The following categories of transportation are exempt from the need to obtain a permit in accordance with paragraph 2 of Article 4 of the Agreement: 1) irregular transportation of goods to/from airports if further transportation is rejected; 2) transportation of luggage by trailer of a motor vehicle intended for the transportation of passengers, as well as transportation of luggage, by any type of vehicle to/from the airport; 3) postal transportation; 4) transportation of damaged vehicles; 5) transportation of animal carcasses for quartering; 6) transportation of bees and fish fry; 7) funeral transportation; 8) transportation of goods at own expense; 9) transportation of spare parts and blanks for marine vessels; 10) transportation of precious goods (precious products and stones) carried out by a special vehicle accompanied by police or other security services; 11) transportation of medicines or equipment necessary for emergencies, especially in case of natural disasters and humanitarian needs; 12) transportation of goods by mechanical vehicles, the permissible weight of which, including trailers, does not exceed 6 tons or in the case when the permissible payload, including trailers, does not exceed 3.5 tons.; 13) following an empty cargo vehicle sent to replace a vehicle that has failed and also return a damaged vehicle after repair; 14) transportation of art objects for exhibitions, fairs or for non-commercial purposes; 15) transportation of objects and materials intended solely for advertising and information; 16) transportation of property, devices and animals for theatrical, musical, cinematographic, sports or circus events, fairs or holidays, as well as for recording radio broadcasts, cinematographic or television films; 17) following empty vehicles; 18) transportation carried out by companies with special staff and equipped with the necessary materials for transportation.

3. Application of national legislation (Article 5)

The Contracting Parties recognize that Article 5 of the Agreement refers exclusively to legislation on land transport and transportation, regarding the weight and dimensions of vehicles, the duration of work and rest of employees, driving time and legislation on road taxation.

4. Competent authorities (Article 8)

Competent authorities responsible for the application of the Agreement: for the Republic of Kazakhstan:

Ministry of Transport and Communications of the Republic of Kazakhstan, 49 Abai Avenue, 473000, Astana

for Switzerland:

Federal Department of Environment and Transport, Energy and Communications Federal Office of Transport CH-3003 Bern

5. Vehicle weight and dimensions

Each Contracting Party must agree that a vehicle registered in another State of the Contracting Party will not be subject to more restrictive conditions than those for vehicles registered in that State. The implementation of these procedures is monitored:

For the Republic of Kazakhstan:

The Ministry of Transport and Communications of the Republic of Kazakhstan is the competent authority for issuing permits.

For Switzerland:

The competence to issue a special permit to a vehicle traveling to the Swiss Zone at the border established by the Department of Environment, Transport, Energy and Communications belongs to the relevant Customs office. The competence to issue a special permit to a vehicle whose destination is located at a distance from the specified zone belongs to the Federal Office of Roads, CH-3003 Bern, which issues a special permit only for the transportation of indivisible goods and if the road conditions allow transportation. The guaranteed weight specified by the manufacturer must not be exceeded in any case.

6. Customs procedures

Fuels and lubricants located in standard containers provided for the corresponding vehicle model, which are allowed for temporary importation, are exempt from import duties, as well as from prohibitions and restrictions on their import. Spare parts and equipment intended for the repair of a certain vehicle that has already been temporarily imported are imported as temporarily exempt from customs duties without import prohibitions and restrictions. Unused spare parts must be returned, and replaced spare parts must be removed or used in accordance with the procedure established in the territory of the State of the relevant Contracting Party.

Done in Bern on January 20, 2003, in two original copies, each in the Kazakh, French and Russian languages, all texts being equally authentic.

For the Government of the Swiss Republic of Kazakhstan The Federal Council

(RCPI note: the following text is in English, see the paper version)

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases