On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the transit movement of goods by road through the territory of the Republic of Kazakhstan

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the transit movement of goods by road through the territory of the Republic of Kazakhstan

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the transit movement of goods by road through the territory of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated April 13, 2005 No. 42

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the transit movement of goods by road through the territory of the Republic of Kazakhstan, concluded in Bishkek on March 26, 2004.

President of the Republic of Kazakhstan

Agreement Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on transit movement of goods by road through the territory of the Republic of Kazakhstan

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on May 11, 2005)

The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic (hereinafter - The Parties), based on the Agreement on Common Conditions of Transit through the Territories of the Member States of the Customs Union dated January 22, 1998, in compliance with the provisions of Protocol on Customs Control of Goods and Vehicles Transported between the Customs Authorities of the member States of the Customs Union of February 17, 2000, aiming to accelerate the movement of transit goods by road through their territories, intending to simplify international transportation, wishing to promote the development of international trade, have agreed on the following:

Article 1

This Agreement applies to transit goods transported by road through the territory of the Republic of Kazakhstan. This Agreement does not apply to the carriage of goods carried out in accordance with the Customs Convention on the International Carriage of Goods using the International Road Transport Book of 1975.

Article 2

The authorized bodies of the States of the Parties for the implementation of the provisions of this Agreement are: on behalf of the Government of the Republic of Kazakhstan, the Customs Control Agency of the Republic of Kazakhstan; on behalf of the Government of the Kyrgyz Republic, the Customs Service Department of the Revenue Committee under the Ministry of Finance of the Kyrgyz Republic. If the official names or functions of the authorized bodies of the States of the Parties change, the Parties will be notified in a timely manner through diplomatic channels.

Article 3

The movement of goods by road through the territory of the Republic of Kazakhstan in transit is carried out on the basis of shipping documents, a document on ensuring payment of customs duties and taxes in the Kyrgyz Republic and a document on control of delivery of goods. The document on ensuring payment of customs duties and taxes in the Kyrgyz Republic is issued to the carrier by the customs authority of the Kyrgyz Republic. The document of control over the delivery of goods is filled in by officials of the customs authorities of the Republic of Kazakhstan in accordance with the procedure provided for by the customs legislation of the Republic of Kazakhstan, and is recognized by the Parties as a document confirming the delivery of goods to the customs authority of destination.

Article 4

The movement of goods under customs control by road through the territory of the Republic of Kazakhstan in accordance with this Agreement is carried out without the use of measures to ensure the delivery of goods and vehicles provided for by the customs legislation of the Republic of Kazakhstan.

Article 5

The movement of goods by road through the territory of the Republic of Kazakhstan is carried out at checkpoints determined by the provisions of the national legislations of the States of the Parties.

Article 6

This Agreement does not apply to goods whose transit through the territory of the Republic of Kazakhstan is carried out only in compliance with the requirements established by the Government of the Republic of Kazakhstan on the safety of goods and measures in the field of export control, as well as ensuring the payment of customs duties and taxes.

Article 7

The authorized bodies of the Parties will exchange monthly information on goods and vehicles transported under customs control in accordance with this Agreement.

Article 8

Upon confirmation of the fact that the goods have not been delivered to the customs authority of destination, the Kyrgyz Side undertakes to provide compensation for damage to the Kazakh Side within 30 days. In order to receive compensation related to the non-delivery of goods, the Kazakh Side must send to the Kyrgyz Side a written request for payment of the customs duties and taxes due, with a description of their types, rates and amounts. The calculation of the amounts of customs duties and taxes due, in case the goods are not delivered by road to the customs authority of destination, is carried out in accordance with the national legislation of the Republic of Kazakhstan.

Article 9

If the goods are not delivered by road to the customs authority of destination, the Parties undertake to conduct investigations into such facts with a written notification of the results of the investigation of the Party in whose territory the fact of non-delivery of the goods was discovered. By mutual agreement of the Parties, joint working groups consisting of representatives of the customs authorities of the Parties may be established to investigate the facts of non-delivery of goods by road.

Article 10

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate Protocols that are integral parts of this Agreement. This Agreement shall be temporarily applied from the date of signing and shall enter into force from the date of receipt of the last written notification by the Parties on the completion of the internal procedures necessary for the entry into force of this Agreement. 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.

Done in Bishkek on March 26, 2004, in two original copies, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation and application 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 Of the Kyrgyz Republic

I hereby certify that this text is a true copy of the original Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the transit movement of goods by road through the Territory of the Republic of Kazakhstan, concluded in Bishkek on March 26, 2004.

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

INFORMATION on the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on transit movement by road through the territory of the Republic of Kazakhstan

On March 26, 2004, in Bishkek, pursuant to the instruction of the President of the Republic of Kazakhstan, N.A. Nazarbayev, dated December 30, 2003, No. 05-2.1, following the official visit of the President of the Kyrgyz Republic, A.A. Akayev, to the Republic of Kazakhstan, an agreement was concluded between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the transit movement of goods by road through the territory of the Republic Kazakhstan. On the Kazakh side, this international agreement was signed by B.M. Saparbayev, Chairman of the Customs Control Agency of the Republic of Kazakhstan. The implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on transit movement by road through the territory of the Republic of Kazakhstan will strengthen cooperation between our states, promote the development of the country's transit potential and international trade, as well as accelerate the movement of goods under customs control through the territory of the Republic of Kazakhstan and simplify international transportation. In accordance with art . 3 of the Agreement, the movement of goods by road through the territory of the Republic of Kazakhstan in transit will be carried out in the order of notification to the customs authority of the delivery of goods, by providing a document controlling the delivery of goods. This Agreement provides that the movement of goods by road through the territory of the Republic of Kazakhstan in transit will be carried out on the basis of shipping documents, a document on ensuring payment of customs duties and taxes in the Kyrgyz Republic and a document on control of delivery of goods, where the document on control of delivery of goods will be recognized by the participating States as a document confirming the delivery of goods to the customs authority of destination. The implementation of the provisions of this Agreement does not involve financial costs.

First Deputy Chairman

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