On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on International Automobile Transport

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The Law of the Republic of Kazakhstan dated May 25, 2004 No. 554

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on International Road Transport, signed in Astana on December 25, 2003.

President of the Republic of Kazakhstan

Agreement * between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on International road transport

*(Entered into force on June 14, 2004 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 8, art. 50)

The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties, guided by By the Treaty of Eternal Friendship between the Republic of Kazakhstan and the Kyrgyz Republic, dated April 8, 1997, desiring to develop on the basis of reciprocity automobile passenger and freight traffic between the two States and transit through their territories, as well as desiring to facilitate this communication, agreed as follows:

Article 1

1. In accordance with this Agreement, passengers and cargo are transported between the States of the Parties and in transit through their territories, as well as to (from) third countries by vehicles registered in one of the States of the Parties. 2. This Agreement does not affect the rights and obligations of the Parties arising from other international agreements concluded by them.

Article 2

For the purposes of interpreting the provisions of this Agreement, the following terms mean: (a) "competent authorities": - on the Kazakh Side - the Ministry of Transport and Communications of the Republic of Kazakhstan, in relation to Articles 6, 10 and 15 - jointly with the Ministry of Internal Affairs of the Republic of Kazakhstan. - on the Kyrgyz Side - the Ministry of Transport and Communications of the Kyrgyz Republic, in relation to Articles 7, 8, 11 and 15 - jointly with the Ministry of Internal Affairs of the Kyrgyz Republic. In case of a change in the name or functions of the above-mentioned competent authorities, the Parties will be notified promptly through diplomatic channels; b) "carrier" - any natural or legal person registered in the territory of the state of one of the Parties and authorized in accordance with national legislation to carry out international road transportation of passengers or goods; c) "motor vehicle": - when transporting passengers - a bus, that is, a vehicle designed to transport passengers and having more than 9 seats, including the driver's seat; - when transporting goods - a truck, a truck with a trailer, a tractor truck or a tractor with a semi-trailer; d) "permit" - a document granting the right to drive a motor vehicle registered in the territory of the state of one Party through the territory of the state of the other Party; e) "transit transportation" - transportation of passengers or goods through the territory of a state of one of the Parties, in which the points of departure and destination are located outside the territory of that state; f) "regular passenger transportation" - transportation of passengers by bus, carried out according to routes, schedules, fares, stops agreed with the competent authorities of the States of the Parties. which the carrier will board and disembark passengers from; g) "irregular passenger transportation" - transportation of passengers by buses, which does not fall under the definition of "regular passenger transportation".

Article 3

Regular transportation of passengers by buses in bilateral and transit traffic is carried out by agreement (in writing) of the competent authorities of the States of the Parties. The competent authorities of the States of the Parties shall agree (in writing) on a timetable, a route diagram indicating the stopping points at which the carrier will board and disembark passengers, including checkpoints across the State Border.

Article 4

1. Irregular transportation of passengers in bilateral and transit traffic by buses registered in the territory of the States of the Parties shall be carried out with permits, with the exception of transportation provided for in paragraphs 2 and 3 of this Article. 2. Irregular transportation of passengers by buses in two-way and transit traffic is carried out without permits when a group of passengers of the same composition is transported on the same bus, while: a) the trip begins and ends in the territory of the state of the Party where the bus is registered; b) the trip begins in the territory of the State of the Party where the bus is registered and ends in the territory of the State of the other Party, provided that the bus leaves this territory empty. 3. A permit is also not required: a) for the entry of empty buses for the purpose of return transportation by the same carrier of a group of passengers from a point in the territory of the State of the other Party to which this group was previously delivered (in the case specified in subparagraph "b" of paragraph 2 of this Article) to the point of initial departure; b) when replacing a faulty bus with another bus. 4. When performing irregular passenger transportation specified in paragraph 2 and subparagraph "a" of paragraph 3 of this Article, the bus driver must have a passenger list drawn up in a special form agreed upon by the competent authorities of the States of the Parties.

Article 5

1. Cargo transportation is carried out by motor vehicles without a permit: 1) between the States of both Parties; 2) transit through the territories of the States of both Parties. 2. A permit is also not required when empty vehicles without distinguishing signs with temporary (transit) registration numbers are driven to their destination. 3. The transportation of goods from the territory of the State of the other Party to the territory of a third State and from the territory of a third State to the territory of the State of the other Party is carried out on the basis of a permit obtained from the competent authority of the State of the other Party. If other international treaties to which the States of both Parties are parties establish a different procedure for the transportation of goods to/from the territory of a third State to the territory of the State of the other Party, such transportation is carried out on the basis of these international treaties. The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 12.10.2015 No. 358-V.

Article 6

1. The transportation provided for in this Agreement may be performed only by carriers who, according to the national legislation of their State, are authorized to carry out international transportation. 2. Motor vehicles engaged in international transportation must have registration and distinctive signs of their State. Trailers and semi-trailers may have registration and distinguishing signs of other countries, provided that trucks or tractors will have registration and distinguishing signs of the Republic of Kazakhstan or the Kyrgyz Republic, respectively.

Article 7

The carrier must obtain a special permit from the competent authority of the State of the other Party if the dimensions, total weight or axle load of the vehicle exceed the standards established in the territory of the State of the other Party (heavy and bulky).

Article 8

When transporting dangerous goods, the Parties must ensure compliance with all the requirements of international treaties to which the States of the Parties are parties, as well as the national legislation of the States of the Parties.

Article 9

The carrier of the State of one Party is not allowed to transport passengers or goods between points located on the territory of the State of the other Party.

Article 10

1. Drivers must have national or international driving permits corresponding to the categories of vehicles they drive, and national vehicle registration documents. In the case of empty vehicles without distinguishing signs having temporary (transit) registration numbers being driven to their destination, drivers must have temporary registration documents for these vehicles. 2. The permit and other documents required in accordance with this Agreement must be kept by the driver of the vehicle and presented at the request of the competent authorities of the States of the Parties.  The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 12.10.2015 No. 358-V.

Article 11

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 on the basis of this Agreement, as well as vehicles performing these transportation, are exempt from taxes and fees related to the use or maintenance of roads, ownership or use of vehicles, except for fees for the use of toll roads (bridges, overpasses).

Article 12

1. When carrying out transportation on the basis of this Agreement, the following shall be mutually exempt from customs duties and duties imported into the territory of the state of the other Party: a) fuel contained in the main tanks provided for the corresponding vehicle model, technically and structurally connected to the engine power supply system, as well as additional fuel in the amount of two hundred liters for each refrigerated or other installation on cargo vehicles or on special containers; b) lubricants in quantities necessary for consumption during transportation; c) temporarily imported aggregates, spare parts and tools necessary to repair a motor vehicle in case of malfunction during international transportation. 2. Unused spare parts and tools are subject to re-export from the country, and replaced spare parts must be exported from the country or transferred to another customs regime in accordance with the national legislation of the State of the relevant Party.

Article 13

Transportation of passengers and cargo performed on the basis of this Agreement is subject to compulsory insurance of civil liability of owners of motor vehicles for damage caused to third parties. The carrier is obliged to insure in advance each vehicle performing the specified transportation.

Article 14

Border and sanitary control and customs clearance for the transportation of persons in need of urgent medical care, regular transportation of passengers, as well as for the transportation of animals and perishable goods will be carried out out of turn.

Article 15

1. Carriers of the States of the Parties are obliged to comply with the provisions of this Agreement, as well as national legislation, including the rules of the road of the State of the Party in whose territory the vehicle is located. 2. In case of violation of any provision of this Agreement committed in the territory of the State of one of the Parties, the competent authority of the State of the Party where the vehicle is registered, at the request of the competent authority of the State of the other Party, will take all measures and sanctions necessary to ensure the implementation of this Agreement. Information on the measures taken is sent to the competent authority of the State of the other Party. 3. The provisions of this article do not exclude the application of sanctions to carriers of the States of the Parties provided for by the national legislation of the State in whose territory the violation was committed.

Article 16

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

Article 17

1. In order to ensure the implementation of this Agreement, the competent authorities of the States of the Parties shall mutually exchange information on all changes in the national legislation of their States affecting the implementation of this Agreement. 2. In case of disputes and disagreements in the interpretation or application of the provisions of this Agreement, the Parties will resolve them through consultations and negotiations.

Article 18

To implement this Agreement and resolve emerging issues in the field of international road transport, the Parties shall hold meetings at the level of the competent authorities of the States of the Parties. Meetings are held in the territories of the States of the Parties alternately at the suggestion of one of the Parties, which is sent in advance, one month in advance, through diplomatic channels.

Article 19

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by separate protocols that are an integral part of it and enter into force in accordance with the procedure provided for in Article 20 of this Agreement.

Article 20

1. This Agreement shall enter into force on the date of receipt of the last written notification that the 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 six months from the date when one of the Parties receives a written notification from the other Party of its intention to terminate it. 3. The Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on International automobile transport, dated October 26, 1993, shall expire upon the entry into force of this Agreement.

Done in Astana on December 25, 2003, in two originals, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan I hereby certify the accuracy of this copy from the original of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on International Road Transport dated December 23, 2003.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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