On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on International Road Transport

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Law of the Republic of Kazakhstan dated July 6, 2007 No. 280

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on International Road Transport, signed in Astana on November 6, 2006.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia about international automobile transport

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on July 31, 2007)

The Government of the Republic of Kazakhstan and the Government of the Republic of Armenia, 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, seeking to facilitate the implementation of road transport between the two States and transit through their territories, have agreed as follows:

Article 1

1. The Parties agree, in accordance with this Agreement and their national legislation, to promote cooperation in the field of international road transport, to carry out passenger and cargo transportation between the two States, transit transportation and transportation to/from third countries. 2. The transportation provided for in paragraph 1 of this Article is carried out by vehicles registered in the territories of the States of the Parties.

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 14 - jointly with the Ministry of Internal Affairs of the Republic of Kazakhstan, - on the Armenian Side - the Ministry of Transport and Communications of the Republic of Armenia, in relation to Articles 6, 10 and 14 - jointly with the Police of the Republic of Armenia. If the name or functions of the above-mentioned competent authorities change, the Parties will be notified in a timely manner through diplomatic channels.;

b) "carrier" means any natural or legal person registered in the territory of the state of one of the Parties and authorized in accordance with the national laws of the States of the Parties to carry out international road transportation of passengers or goods;

c) "motor vehicle": - when transporting goods - a truck, a truck with a trailer, a tractor truck or a semi-trailer truck; - when transporting passengers - a bus, that is, a vehicle designed to transport passengers and having more than 9 seats, including the driver's seat, possibly with a trailer for baggage transportation, which is at the disposal of the carrier on the basis of ownership or on the basis of a lease or leasing agreement;

d) "permit" is a document issued by the competent authority of one of the Parties granting the right to travel a motor vehicle registered in the territory of the State of one of the Parties through the territory of the State of the other Party engaged in passenger transportation.;

e) "regular passenger transportation" means the transportation of passengers by bus, carried out according to routes, schedules, fares, and stopping points agreed with the competent authorities of the Parties, at which the carrier will board and disembark passengers.;

f) "irregular passenger transportation" - transportation of passengers by buses, which does not fall under the definition of "regular passenger transportation";

g) "special permit" is a permit for the passage of a motor vehicle belonging to the carrier of the State of one Party with an indivisible bulky, heavy or dangerous cargo on the territory of the State of the other Party.

Passenger transportation

Article 3

1. Regular transportation of passengers by buses in two-way or transit traffic is carried out on the basis of permits issued by the competent authorities of the States of the Parties for the section of the route that passes through the territory of their state. On the basis of an agreement, the competent authorities shall agree in writing on the conditions and validity period of the permit, the schedule, fares, and route diagram indicating the stopping points at which the carrier embarks and disembarks passengers, including checkpoints across the state border of the States of the Parties. 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, form of the application and the permit are determined by the competent authorities of the States of the Parties.

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 State of the Parties.

Cargo transportation

Article 5

No permit is required for the transportation of goods between the States of the Parties or transit through their territories from the territory of the State of the other Party to the territory of a third State, as well as from the territory of a third State to the territory of the State of the other Party.

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 numbers and distinguishing signs respectively of the States of the Parties.

Article 7

1. The maximum permissible weight, axle load and dimensions of vehicles must not exceed the parameters specified in the registration documents, as well as the maximum permissible parameters applicable in the host country. 2. The use of vehicles with indivisible bulky and heavy cargo is allowed in the host country only with a special permit, for which an application has been submitted in advance.

Article 8

When transporting dangerous goods carried out under this Agreement, the Parties undertake to ensure compliance with all requirements stipulated by international treaties to which they are parties and 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 of vehicles of the States of the Parties must have national or international driving permits corresponding to the category of vehicles they drive, and national vehicle registration documents that comply with the requirements of the United Nations Vienna Convention on Road Traffic of November 8, 1968. 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.

Article 11

1. When carrying out transportation on the basis of this Agreement, the following shall be 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, and replaced spare parts must be exported back or placed in a different customs regime in accordance with the national legislation of the State of the Party in whose territory the customs regime for these spare parts is being changed.

Article 12

Transportation of passengers and cargo carried out 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 13

Border, transport, veterinary, phytosanitary control and customs clearance during the transportation of persons in need of urgent medical care, on regular passenger transportation, as well as during the transportation of animals and perishable goods, are carried out out of turn.

Article 14

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 other 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 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 of the Party in whose territory the violation was committed.

Article 15

Issues unresolved 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 State of each of the Parties.

Article 16

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 17

In order to implement this Agreement and resolve emerging issues in the field of international road transport, the Parties hold meetings at the level of competent authorities. Meetings are held in the territories of the States of the Parties alternately at the suggestion of the competent authorities of one of the Parties, which is sent one month in advance through diplomatic channels. The Parties shall independently bear the costs that will arise in the course of their implementation of this Article, unless a different procedure is agreed in each specific case.

Article 18

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

Article 19

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 20

1. This Agreement shall enter into force on the date of receipt by diplomatic means 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 this Agreement.

Done in Astana on November 6, 2006, in two copies, each in the Kazakh, Armenian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Russian text will be preferred.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Armenia

The RCPI's note. The following is attached the text of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on International Road transport in Armenian.

President

Republic of Kazakhstan

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