On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Hashemite Kingdom of Jordan on International Road Transport

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Hashemite Kingdom of Jordan on International Road Transport

Law of the Republic of Kazakhstan dated February 10, 2009 No. 127-IV

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Hashemite Kingdom of Jordan on International Road Transport, signed in Astana on August 8, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

Agreement between the Government of the Republic of Kazakhstan and the Government of the Hashemite Kingdom of Jordan on international road transport

(Bulletin of International Treaties of the Republic of Kazakhstan, 2009, No. 3, Article 16) (Entered into force on March 13, 2009)

The Government of the Republic of Kazakhstan and the Government of the Hashemite Kingdom of Jordan, hereinafter referred to as the Parties, guided by the need to further develop cooperation between the States of the Parties in the field of international road transport, intending to facilitate the implementation of road transport between the two States and transit through their territories, have agreed as follows:

Article 1

This Agreement regulates international passenger and cargo transportation between the States of the Parties, as well as transit transportation through their territories and transportation to or from third countries performed by vehicles registered in one of the States of the Parties.

Article 2

The concepts used in this Agreement have the following meanings: Competent authority: for the Republic of Kazakhstan - the Ministry of Transport and Communications; for the Hashemite Kingdom of Jordan - the Ministry of Transport. If the name or functions of the above-mentioned competent authorities change, the Parties will be notified in a timely manner through diplomatic channels.; carrier - any natural or legal person registered in the territory of the state of one of the Parties and authorized to carry out international transportation of passengers and cargo for remuneration or at his own expense in accordance with the national laws of the States of the Parties; motor vehicle - a motor vehicle or a combined vehicle that is registered in the state of one of the Parties, driven by a driver and intended for exclusively for the transportation of passengers and/or cargo; a bus is a motor vehicle suitable by design and intended for the transportation of passengers; regular transportation of passengers by buses is the transportation of passengers along a specific route according to pre-established and published schedules, transportation tariffs and conditions of transportation, according to which passengers can board and disembark at designated stops; irregular transportation of passengers by buses is the transportation of passengers who are not regular; coastal transportation is the transportation of passengers and cargo by carriers of the state of one Party between two points located on the territory of the state of the other Party; a permit is a document issued by the competent authorities of the States of the Parties and granting the right to travel (there and back) a motor vehicle through the territory of the state of one of the Parties.; A special permit is a document issued by the relevant authorities of the States of the Parties and granting the right to travel large and heavy vehicles or for the transportation of dangerous goods through the territory of the state of one of the Parties or for transportation to (from) third countries.

Article 3

1. Regular passenger transportation by buses is carried out on a parity basis by agreement of the competent authorities of the States of the Parties. The competent authorities of the States of the Parties, by mutual agreement, issue permits for regular transportation to that part of the route that passes through the territories of their States. On the basis of an agreement, the competent authorities of the States of the Parties determine the conditions of validity of the permit, in particular, its validity period, agree on a schedule, a route diagram indicating border crossings and applicable tariffs. 2. An application for a permit certifying the right to carry out regular passenger transportation by buses in accordance with established routes is sent to the competent authorities of the States of the Parties. 3. The content and form of the application, as well as the permits, shall be determined by the competent authorities of the States of the Parties. 4. Irregular transportation of passengers by bus between the States of the Parties or transit through their territories is carried out on a permissive basis. In case of irregular transportation, a certified passenger list is required to be presented to the regulatory authorities.

Article 4

1. Permits are not required when an empty bus of a State of one Party enters the territory of the State of the other Party in the following cases: a) for the carrier to replace a defective bus with another serviceable bus; b) for the entry of a group of passengers from a point located in the territory of the State of the other Party to which this group was transported for the purpose of return transportation by the same carrier previously delivered, at the point of initial departure. 2. A permit is not required for Kazakhstani carriers, if the transportation will be carried out on the same bus, start and end outside the territory of the Hashemite Kingdom of Jordan, the final destination of the visit on the territory of the Hashemite Kingdom of Jordan will be Amman and the same carrier will carry the same passengers. A permit is not required for Jordanian carriers if the transportation will be carried out on the same bus, start and end outside the territory of the Republic of Kazakhstan and the same carrier will carry the same passengers.

Article 5

1. Transportation of goods between the States of both Parties in transit through their territories, with the exception of transportation provided for in Article 7 of this Agreement, shall be carried out by motor vehicles on the basis of permits issued by the competent authorities of the States of the Parties. 2. A separate permit is issued for each carriage, which gives the right to make one round trip, unless otherwise specified in the permit itself. 3. Transportation between the territories of a State of one Party and a third State is carried out with special permits. 4. The competent authorities of the States of the Parties annually transmit to each other a mutually agreed number of permit forms for the carriage of goods. 5. A separate permit must be issued for each vehicle.

Article 6

Coastal transportation of passengers and cargo is prohibited.

Article 7

1. Permits are not required for the transportation of: a) goods by motor vehicles, the maximum total weight of which, including trailers, does not exceed 6 tons; b) damaged vehicles; c) mail; d) fair and exhibition goods; e) decorations and other goods intended for theater, musical and other cultural events, circus performances, films, radio and television broadcasts; f) remains and ashes of the deceased. 2. The driver must have documents certifying that the transportation carried out by him is one of the above types of transportation.

Article 8

1. The transportation provided for in the provisions of this Agreement may be performed only by carriers who, in accordance with the national legislation of their State, are authorized to carry out international transportation. 2. Drivers of motor vehicles must have a national or international driving license for the right to drive a vehicle of the appropriate category.

Article 9

Each carrier is obliged to insure its liability to third parties in accordance with the national legislation of the State of the other Party.

Article 10

1. If the dimensions or weight of a motor vehicle traveling without cargo or with cargo and the weight loads on the axle exceed the standards established in the territory of the State of the other Party, as well as when transporting dangerous goods, the carrier must obtain a special permit from the relevant authority of the State of the other Party. 2. If the special permit referred to in paragraph 1 of this article provides for the movement of a motor vehicle along a certain route, transportation must be carried out along this route.

Article 11

1. When carrying out transportation in accordance with this Agreement, the following shall be mutually exempt from customs duties levied in connection with the temporary importation into the territory of the state of the other Party: a) fuel contained in containers provided by the manufacturer for each model of vehicle, technologically and structurally connected to the engine power supply system, as well as fuel located in in tanks installed by the manufacturer on trailers and semi-trailers and intended for operation of heating and cooling installations; (b) Lubricants in the amount necessary for use during transportation; (c) Spare parts and tools necessary for the repair of a motor vehicle during international transportation. 2. Unused spare parts, as well as replaced old spare parts, must be removed from the territory of the State of the Party, either destroyed under the control of customs authorities, or handed over to them in accordance with the procedure established in the territory of the State of the relevant Party. 3. All fees and charges for the use of the highway are collected in accordance with the national legislation of the States of the Parties.

Article 12

Special permits provided for in the provisions of this Agreement, as well as transportation documents, should be carried in the vehicle during all trips and, upon request, presented for verification to representatives of authorized bodies of the States of the Parties.

Article 13

Issues not regulated by this Agreement, as well as international treaties to which the States of both Parties are parties, will be resolved in accordance with the national legislation of the State of each of the Parties through mutual consultations and negotiations.

Article 14

1. Carriers and crews of vehicles of the Parties are obliged to comply with the national legislation of the State of the Party through whose territory transportation is carried out. 2. In case of repeated violations by the carrier or its drivers of the national legislation of the State of the other Party or the provisions of this Agreement, the competent authorities of the State of the Party in whose territory the vehicle is registered shall, at the request of the Party in whose territory the violation was committed, take one of the following measures: a) a warning; b) a temporary ban on transportation in accordance with with the provisions of this Agreement; c) temporary, partial or complete deprivation of the rights to carry out transportation in the territory of the State of the Party in which the violation was committed. The competent authorities of the States of the Parties shall notify each other of the measures they have taken. 3. The provisions of this Agreement do not exclude sanctions that may be applied by the competent authorities of the State of the Party in whose territory the violation was committed.

Article 15

1. With regard to border, customs and sanitary quarantine control, the Parties are guided by the provisions of international treaties to which the States of both Parties are parties, and when resolving issues not regulated by these treaties, the national legislation of the State on whose territory the control is carried out is applied. 2. During regular transportation of passengers by bus, as well as during transportation of seriously ill people, perishable goods and animals, border, customs, sanitary, quarantine and phytosanitary control is carried out as a matter of priority.

Article 16

1. The competent authorities of the Parties shall establish a joint commission from among representatives of the relevant state bodies of the Parties in order to ensure: a) resolving current issues related to the application and interpretation of this Agreement; b) discussing the results of the implementation of this Agreement and making proposals for the development of road transport; c) preparing proposals for amendments and additions to the text of this Agreement. Agreements; d) discussions on all issues related to passenger transportation. 2. The Joint Commission shall meet at the request of the competent authority of one of the Parties alternately in the territories of the States of the Parties.

Article 17

Amendments to this Agreement are made with the consent of the Parties, are formalized in separate protocols, are integral parts of this Agreement and enter into force in accordance with Article 18 of this Agreement.

Article 18

This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. This Agreement remains in force until the expiration of six months from the date of receipt by one of the Parties through diplomatic channels of a written notification by the other Party of its intention to terminate it.

Done in Astana on August 8, 2007, in two original copies, each in Kazakh, Arabic, English and Russian, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the English text will prevail.

For the Government For the Government of the Republic of Kazakhstan The Hashemite Jordanian Kingdoms

Minister of Transport Minister of Transport and Communications Court Nuseirat Serik Akhmetov

The RCPI's note. The text of the Agreement is attached in Arabic and English.

President

Republic of Kazakhstan

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