On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the transit transportation of passengers, cargo and baggage, ensuring their safety and security when traveling along the highways of the Republic of Kazakhstan and the Republic of Uzbekistan

The Law of the Republic of Kazakhstan dated May 8, 1998 No. 225

       To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on transit transportation of passengers, cargo and baggage, ensuring their safety and security when traveling along the highways of the Republic of Kazakhstan and the Republic of Uzbekistan, signed in Tashkent on March 27, 1998.  

     President of the Republic of Kazakhstan

application  

                           Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on transit transportation of passengers, cargo and baggage, ensuring their safety and security when traveling along the highways of the Republic of Uzbekistan and the Republic of Kazakhstan*            

(Bulletin of international treaties, agreements and individual legislative acts of the Republic of Kazakhstan,                              

1998, No. 6, article 53)          The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties, guided by the provisions of the Treaty of Friendship, Cooperation and Mutual Assistance between the Republic of Uzbekistan and the Republic of Kazakhstan dated June 24, 1992, the Treaty on the Establishment of a Single Economic Space between the Republic of Uzbekistan and the Republic of Kazakhstan dated January 10, 1994, as well as the fundamental documents of the Commonwealth of Independent States,        Considering it expedient to ensure the technological unity of highways and railways, recognizing the exceptional importance of ensuring the favorable development of equitable and mutually beneficial bilateral trade and economic relations, attaching importance to the implementation of a unified and coordinated policy in the field of the development of international automobile and railway traffic, as well as customs affairs of the Parties, bearing in mind the protection of economic sovereignty, expressing their desire for the principles of freedom of transit, have agreed on the following:        

 Article 1        Transit transportation of goods through the territory of the states of both Parties to third countries, with the exception of the CIS countries, is carried out by motor vehicles of the Parties on the basis of permits issued by the competent authorities of the Parties, if the carriers have Carnet-TIR or CMR.        Transit transportation by motor vehicles of the Parties to the CIS countries is carried out on a non-permissive basis and without charging transit fees.        Transit transportation does not include transportation carried out on the Uzbekistan-Kazakhstan-Uzbekistan or Kazakhstan-Uzbekistan-Kazakhstan routes.        Each of the Parties will provide favorable conditions for the passage of vehicles of the other Party, including those in transit to third countries, through the territory of its State.          

Article 2 Goods exported to third countries from the territory of one of the Parties in transit through the territory of the other Party are subject to customs clearance, respectively, in the State of departure of these goods.          

Article 3        Each Party recognizes the stamps, customs security, customs documents and other documents accompanying the goods (banking, financial, etc.) of each other and exchange their samples.        

Article 4 Goods transported in transit through the territory of the States of the Parties are exempt from customs duties and taxes, with the exception of customs clearance fees.        The list of goods subject to the requirement to deposit amounts of security for the payment of customs duties and taxes is agreed upon by the customs services of the States of the Parties.          

Article 5 Cargoes of the States of the Parties exported to third countries and not processed by the customs authorities of the State of departure are not allowed to transit through the territory of the State of one of the Parties to pass to third countries.        

 Article 6        The Parties shall provide each other with lists of goods prohibited for import, export and transit through the territories of their States in accordance with international norms and national laws of the States of the Parties.        Transportation of dangerous goods through the territory of the State where the route passes is carried out in accordance with international standards, on the basis of a special permit issued by the relevant competent authority, unless otherwise provided by a separate Agreement.          

Article 7        The Parties, based on mutual interests, will take all necessary measures to assist each other in the development of railway and automobile communications to provide the most-favored-nation treatment for the processing of transit cargo of the States of the Parties, as well as in relation to the transportation of passengers and baggage.         

Article 8        The Parties will instruct the relevant competent authorities to consider the possibility of establishing preferential tariffs or special rates for transit transportation of goods by rail.        

 Article 9 Shall be considered as the established periods of stay of motor vehicles on the territory of the States of the Parties the periods adopted by the legislations of the Parties. The permit form is valid for the duration of the actual stay of the vehicle in the territory of the State of the Party and is valid for direct and return travel.          

Article 10        The Parties agreed to carry out international transportation on the territory of the States of the Parties in accordance with national legislation and applicable regulations.        

 Article 11        The Parties undertake to take the necessary measures to ensure the safety of passengers, maintenance personnel and the safety of motor vehicles, railway wagons, containers, as well as cargo and baggage when traveling along the highways and railways of the States of the Parties.        The Parties shall ensure safety and favorable conditions for the passage of vehicles through the territory of the State of the other Party, including those traveling in transit to third countries.          

Article 12 The passage of goods, baggage, hand luggage, currency, valuables, as well as personal property of citizens of the States of the Parties through customs borders is carried out without customs inspection, except in cases where there are sufficient grounds to believe that items prohibited for import, export and transit are being transported.          

Article 13        The Parties agreed to establish a Joint Interdepartmental Commission on Road and Rail Transit Transportation from among representatives of the competent authorities of the Parties, which will facilitate the implementation of the provisions of this Agreement, as well as monitor and coordinate the fulfillment of obligations under it.        To consider the implementation of the Agreement, a Joint Interdepartmental Commission will meet alternately, at the suggestion of the Parties, in Akmola and Tashkent.        Any disputes regarding the application or interpretation of this Agreement will be resolved through consultations and negotiations within the framework of a Joint Interdepartmental Commission.        If it is impossible to resolve disputes within the framework of the Joint Interdepartmental Commission, the disputed issues are considered by the Joint Intergovernmental Commission on Bilateral Cooperation.          

Article 14        In respect of issues not regulated by this Agreement, the national legislation of the States of the Parties, international standards, as well as agreements previously concluded between the Parties regulating international road and rail transit transportation will apply.          

Article 15        By agreement of the Parties, this Agreement may be amended and supplemented in the form of protocols that are an integral part of this Agreement.        The Parties undertake not to worsen the mode of transportation of passengers, cargo and baggage established by this Agreement.          

Article 16        The competent authorities of the Parties responsible for the implementation of the relevant provisions of this Agreement are: from the Republic of Kazakhstan - the Ministry of Transport and Communications, the Customs Committee under the Ministry of Finance, the Republican State Enterprise "Kazakhstan Temir Zholy", the Ministry of Internal Affairs, the State Investigative Committee;        from the Republic of Uzbekistan - the State-owned Joint-Stock Railway Company Uzbekiston Temir Yullari, the Uzavtotrans Corporation, the Ministry of Foreign Economic Relations, the State Customs Committee and the Ministry of Internal Affairs.        The Parties will notify each other about changes in these lists in a timely manner.  

Article 17 of this Agreement does not affect the obligations of the Parties under other international treaties and agreements.          

Article 18 This Agreement shall enter into force on the date of the last notification that the Parties have completed the internal procedures necessary for the entry into force of this Agreement.        In case of violation by the Parties of the obligations stipulated by this Agreement, it shall cease to be valid in accordance with the established procedure.        This Agreement is valid for five years, after which it will be automatically extended for the next five years, unless one of the Parties, no later than six months before the expiration of the relevant period of validity of this Agreement, notifies the other Party in writing of its intention to terminate it.          Done in Tashkent on March 27, 1998, in two copies, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic.        For the purposes of interpreting the provisions of this Agreement, the text in Russian is used.  

President    

Republic of Kazakhstan     

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