On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the field of Maritime Transport

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the field of Maritime Transport

Law of the Republic of Kazakhstan dated March 21, 2009 No. 143-IV

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of maritime transport, signed in Novosibirsk on October 4, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of maritime transport

(Bulletin of International Treaties of the Republic of Kazakhstan, 2009, No. 4, Article 25) (Entered into force on May 29, 2009)

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, wishing to strengthen and develop relations between the two States in the field of maritime transport based on the principles of equality and mutual benefit, based on the provisions of The Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the principles of cooperation and conditions of mutual relations in the field of transport dated March 23, 1992, agreed as follows:

Article 1

The objectives of this Agreement are: to regulate and develop relations in the field of maritime transport between the two States; to ensure effective coordination in navigation; and to promote the development of trade and economic relations between the two States.

Article 2

The terms used in this Agreement mean the following: "competent authorities": in the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan; in the Russian Federation - the Ministry of Transport of the Russian Federation; "vessel of the Party" - any vessel registered in the ship registry of the State of the Party and sailing under the flag of this state, with the exception of: warships and other state vessels operated for non-commercial purposes; vessels for hydrographic, oceanographic and scientific research; fishing vessels; sports and pleasure vessels; "crew member" - the captain and any other person who is actually engaged during the voyage on board the vessel in performing duties related to the operation of the vessel or maintenance on it, and included in the ship's role.

Article 3

The Parties shall maintain and develop effective business relations between the competent authorities, including, in particular, mutual consultations and information exchange. The Parties also encourage the development of contacts between shipping and shipping-related organizations of both States. The parties cooperate in the following areas: ensuring the full and effective use of the marine fleet and ports of both States; ensuring maritime safety, including the safety of ships, crew members, cargo and passengers; strengthening the protection of the marine environment; expansion of relations and exchange of experience in economics, science and technology in the field of maritime transport; exchange of views on the activities of international organizations dealing with merchant shipping and participation in international maritime transport treaties.

Article 4

The Parties: a) facilitate the participation of their vessels in maritime transport between the ports of the States of the Parties; b) cooperate in removing obstacles that could hinder the development of maritime transport between the ports of their States; c) do not prevent the participation of vessels of one Party in maritime transport between the ports of the other Party and the ports of third States.

Article 5

Commercial navigation between the Republic of Kazakhstan and third countries may be carried out by vessels of the Parties passing through the inland waterways of the Russian Federation in accordance with the legislation of the Russian Federation.

Article 6

1. Each Party shall provide the vessels of the other Party with the same treatment as it provides to its vessels engaged in international communications with respect to free access to ports, use of ports for loading and unloading cargo, embarkation and disembarkation of passengers, payment of port fees, conduct of ordinary commercial operations and use of services intended for navigation. 2. The provisions of paragraph 1 of this article: (a) do not apply to ports that are not open for entry by foreign vessels; b) do not apply to cabotage, towing, pilotage and rescue, which are reserved by each of the Parties for the organizations of their States; c) do not oblige one Party to extend to the vessels of the other Party the exceptions provided to their vessels from the rules on mandatory pilotage.

Article 7

The Parties shall take appropriate measures, within the framework of the legislation and port regulations of their States, to facilitate and accelerate maritime transport, prevent unjustified delays of ships, as well as to speed up and simplify, as far as possible, the implementation of customs, border and other formalities in force at ports.

Article 8

1. Documents certifying the nationality of ships, measuring certificates and other ship's documents issued or recognized by one of the Parties are also recognized by the other Party. 2. Vessels of each of the Parties equipped with measuring certificates issued in accordance with the International Convention on Ship Measurement of 1969 are not subject to new measurement in the ports of the State of the other Party.

Article 9

1. Each Party recognizes the seafarer's identity documents issued in accordance with the legislation of the other Party's State. Such documents are: in relation to the Republic of Kazakhstan, a seafarer's identity card or a passport of a citizen of the Republic of Kazakhstan; in relation to the Russian Federation, a seafarer's passport or a seafarer's identity card. 2. Holders of seafarer's identity documents included in the ship's role are allowed to: a) go ashore without a visa during the stay of their vessel in the port of the other Party's state and temporarily stay in the port city in accordance with the legislation of the receiving State; b) to leave, with the permission of the appropriate authorities of the State of the other Party, their vessel in the port of the State of this Party, where they finished working as crew members, and transfer in the same or another port to another vessel operated by a shipping organization of the State of their Party in order to start working on it as a crew member or proceed to the place new job; c) regardless of the mode of transport used, enter the territory of the State of the other Party or transit through it for the purpose of arriving on his ship, transferring to another ship, returning to his State or for any other purpose approved by the authorities of this other Party, in compliance with the legislation of its State. When disembarking and staying in the territory of the State of the relevant Party, the holders of identity documents of the seafarer are subject to the rules of border, customs and other types of control in force in this port. 3. If a crew member holding a seafarer's identity document referred to in paragraph 1 of this article disembarks at the port of the State of the other Party due to illness, the appropriate authorities of the State of the other Party shall grant him permission to stay in the territory of his State for the period necessary for treatment, or to leave the territory of his State. through established checkpoints. 4. Each of the Parties reserves the right to refuse entry to the territory of its State to any member of the crew of the vessel of the other Party whom it considers undesirable.

Article 10

1. If a vessel of one of the Parties is shipwrecked, runs aground, beached or suffers any other accident off the coast of the other Party's State, the latter will provide the vessel, crew members, passengers and cargo with the assistance provided to its vessels in such cases and notify the appropriate authorities of the Party concerned as soon as possible. 2. Cargo and items unloaded or salvaged from the vessel referred to in paragraph 1 of this Article shall not be subject to customs duties, provided that they are not transferred for use or consumption in the territory of the State of the other Party.

Article 11

The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which the Republic of Kazakhstan and the Russian Federation are parties.

Article 12

The Parties shall assist in the establishment of representative offices of shipping and shipping-related organizations of the State of the other Party in the territories of their States. The activities of such representative offices are regulated by the legislation of the State of their location.

Article 13

Representatives of the competent authorities of the Parties may periodically meet alternately in the Republic of Kazakhstan and the Russian Federation at the request of one of the Parties to review the implementation of this Agreement and discuss any other maritime transport issues of mutual interest.

Article 14

The Parties shall exchange information on changes in the legislation of the States of the Parties affecting their interests in the field of maritime transport.

Article 15

Any dispute concerning the interpretation or application of this Agreement shall be settled through direct negotiations between the competent authorities of the Parties. If no agreement is reached, the dispute will be settled through diplomatic channels.

Article 16

1. This Agreement shall enter into force thirty days after the date of receipt through diplomatic channels of the last written notification confirming that the Parties have completed the internal procedures necessary for its entry into force. 2. This Agreement is concluded for an indefinite period and remains in force until the expiration of six months from the date when one of the Parties notifies the other Party through diplomatic channels of its intention to terminate it.

Done in Novosibirsk on October 4, 2007, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic. In case of divergence of interpretation, the text in Russian will be used.

For the Government For the Government of the Republic of Kazakhstan Of the Russian Federation

President

Republic of Kazakhstan

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