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On Ratification of the Protocol on Amendments to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005
The Law of the Republic of Kazakhstan dated April 1, 2021 No. 29-VII SAM.
To ratify the Protocol on Amendments to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005, signed in Baku on July 20, 2018, with the following reservation: "Provision of the sixth paragraph of paragraph 5 of Article 1 of the Protocol on Amendments to the Agreement on Cooperation of the States – members of the Commonwealth of Independent States in the fight against theft of motor vehicles and ensuring their return from November 25, 2005 does not apply to the Republic of Kazakhstan.".
President Republic of Kazakhstan
K. TOKAEV
PROTOCOL on Amendments to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005
Officially certified text
The Governments of the Member States of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005 (hereinafter referred to as the Agreement), hereinafter referred to as the Parties, in order to improve the system of countering criminal Encroachments on motor vehicles in the Territories of the member States of the Commonwealth of Independent States
have agreed on the following:
Article 1
Make the following changes to the Agreement:
1. In the sixth paragraph of the preamble, the words "to prevent theft of motor vehicles and ensure their return" should be replaced by the words "in combating theft of motor vehicles and ensuring their return".
2. In the seventh paragraph of Article 1, the words "on the return of a stolen vehicle and to make decisions on their return" should be replaced by the words "in order to organize the fight against theft of vehicles and ensure their return, as well as to make decisions on the return of vehicles or to notify the owner of the vehicle of no interest in its return."
3. Paragraph eight of Article 1:
after the word "carry out", add the words "combating theft of motor vehicles,";
after the word "offenses", add the words ", as well as receive information about vehicles contained in the information databases of other Parties."
4. Paragraph 2 of Article 3 shall be worded as follows:
"2. Each of the Parties determines the central competent authority and the competent authorities responsible for the implementation of the provisions of this Agreement (indicating the range of issues to be resolved), and notifies the depositary accordingly."
5. In paragraph 1 of article 4:
in the first paragraph, replace the words "maintenance of an information database on motor vehicles, which should include information" with the words "formation and maintenance of an information database on motor vehicles, which includes information if available";
subparagraph "a" after the word "Parties" should be supplemented with the words ", their identification numbers, registration documents and registration marks";
Add the following sub-paragraphs "d", "e", "g", "h":
"e) about the vehicles that have been removed from the register;
f) about motor vehicles crossing the state border;
g) on motor vehicles, information about which, in accordance with the legislation, is subject to entry into the information databases of customs authorities when crossing the state border;
h) motor vehicles that have suffered damage as a result of a traffic accident, fire, natural disasters and other circumstances or actions of third parties, including those that led to their constructive death."
6. Paragraph 2 of Article 4 shall be worded as follows:
"2. Each of the Parties, using information technology, ensures that the competent authorities of the other Parties can receive information contained in the above-mentioned information databases in real time, as well as promptly provide other information of interest in combating theft of motor vehicles upon request of the competent authorities of the other Parties and on their own initiative.
A request for information from the above-mentioned information databases must contain the following information:
1) the names of the requesting competent authority and the requested competent authority to which the request is being sent;
2) a link to the Agreement clause;
3) Summary of the merits of the case;
4) a list of requested information from information databases.
The request is made in writing and signed by the head (head) of the requesting competent authority or his deputy.
The request is executed within one month from the date of its receipt. If it is necessary to shorten this period, an appropriate reservation is made in the text of the request, indicating the reasons and the desired deadline for the execution of the request.
The provision of information upon request may be refused if:
1) the request does not comply with the form specified in the second paragraph of this paragraph;
2) execution of the request may damage sovereignty, national security, contradict the legislation of the Party or international agreements of the Parties;
3) the request cannot be objectively executed for reasons beyond the control of the requested competent authority.
The requesting competent authority is immediately notified in writing of the refusal to execute the request, as well as the reasons for the refusal."
7. Add paragraph 3 to Article 4 as follows:
"3. The procedure for obtaining and providing information contained in the above-mentioned information databases is determined by a separate document."
8. In paragraph 1 of article 7:
replace the words "can direct" with the word "directs";
after the words "motor vehicle", add the words "or notify in writing that the owner of the vehicle has no interest in returning it."
9. In paragraph 2 of article 8, the word "twenty" should be replaced by the word "thirty".
10. Paragraph 3 of article 8 shall be worded as follows:
"3. After receiving additional information, the central competent authority of the requested Party shall, within thirty days, inform the central competent authority of the requesting Party of the results of the examination of the request."
11. Paragraph 2 of article 9 should be worded as follows:
"2. A motor vehicle that is not in demand after one year from the date of receipt of the notification provided for in paragraph 1 of Article 5 of this Agreement, as well as a motor vehicle in respect of which a notification has been received that the owner has no interest in returning it, may be converted into income of the Party in whose territory it is found and located, in accordance with the legislation this Side".
12. In paragraph 1 of article 11, sub-paragraphs "b" and "c" should be deleted.
Article 2
This Protocol shall be provisionally applied 60 days after the date of signature and shall enter into force 30 days after the date of receipt by the depositary of the third notification on the completion by the signatories of the internal procedures necessary for its entry into force.
For the Parties that have completed the internal procedures later, this Protocol shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Any State, when signing this Protocol, has the right to declare that it will temporarily apply it from a date other than that provided for in the first paragraph of this article.
Article 3
After its entry into force, this Protocol is open for accession by any CIS member State by submitting an instrument of accession to the depositary.
For the acceding State, the Protocol shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.
Done in Baku on July 20, 2018, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Protocol.
For the Government of the Republic of Azerbaijan
For the Government Of the Russian Federation
For the Government of the Republic of Armenia
For the Government of the Republic of Tajikistan
For the Government of the Republic of Belarus
For the Government Turkmenistan
For the Government of the Republic of Kazakhstan
For the Government of the Republic of Uzbekistan
For the Government Of the Kyrgyz Republic
For the Government Of Ukraine
For the Government of the Republic of Moldova
Appendix to the Government decree of the Republic of Kazakhstan dated June 12, 2018 No. 424
RESERVATION of the Republic of Kazakhstan to the Protocol on Amendments to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005
"The provision of subparagraph (e) of paragraph 5 of Article 1 of the Protocol on Amendments to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005 does not apply to the Republic of Kazakhstan."
statement of the Russian Federation to the Protocol on Amendments to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005
The Russian Federation, in connection with article 4 of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring Their Return dated November 25, 2005, as amended by the Protocol signed today, declares that it will not provide information on vehicles crossing the State border provided for in subparagraph "e" of paragraph 1. Article 4 of the Agreement as amended by the Protocol.
Minister of Internal Affairs Of the Russian Federation
V. Kolokoltsev
I hereby certify that the attached text is an authentic copy of the Protocol on Amendments to the Agreement on Cooperation between the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return dated November 25, 2005, signed on July 20, 2018 in Baku in accordance with the powers granted to sign intergovernmental documents. The original copy of the above-mentioned Protocol is kept in the Executive Committee of the Commonwealth of Independent States.
First Deputy Chairman Executive Committee – Executive Secretary of the CIS
V. A. Guminsky
President
Republic of Kazakhstan
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