On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on Ensuring the Transit of Cargo/Special Cargo through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the United Kingdom of Great Britain and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan

The Law of the Republic of Kazakhstan dated September 19, 2014 No. 237-V SAM

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on ensuring the transit of cargo/special cargo through the territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the United Kingdom of Great Britain and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, signed in Astana on April 15, 2014.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  Agreement between the Government of the Republic of Kazakhstan and The Government of the United Kingdom of Great Britain and Northern Ireland on ensuring the transit of cargo/special cargo through the territory of the Republic of Kazakhstan in connection with the participation of The Armed Forces of the United Kingdom of Great Britain and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan

     The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakh Side", and the Government of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as the "British Side", collectively referred to as the "Parties": having regard to the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005), 1659 (2006), 1707 (2006), 1776 (2007), 1833 (2008) and 2011 (2011) of the United Nations Security Council; and realizing the need to contribute to international efforts to ensure the security, stabilization and reconstruction of the Islamic Republic of Afghanistan, agreed as follows:

  Article 1

     For the purposes of this Agreement, the terms used mean the following:       a) "transit" means the movement, in accordance with the terms of this Agreement and the current legislation of the Republic of Kazakhstan, of cargo/special cargo through the territory of the Republic of Kazakhstan by rail/sea using the services of freight forwarding companies of the Parties through the checkpoints specified in paragraphs 2 and 3 of Article 3 of this Agreement;       (b) "cargo" means the property of the British Party specified in Annex 1, transported by rail/sea, with the exception of the property specified in Annex 2; (c) "special cargo" means any property of the British Party transported by rail, with the exception of the property specified in Annex 2; (d) "transport-forwarding agency" - an agency/company authorized to carry out transit arrangements on behalf of the Parties;       f) "checkpoint" means an area within a railway station, port or any specially equipped area for border, customs and, if necessary, other types of control when crossing the state border of the Republic of Kazakhstan for the purpose of transit in accordance with this Agreement.

  Article 2

     1. This Agreement defines the procedure for the transit of cargo/special cargo without accompanying personnel from the British side in order to support international efforts to ensure the security, stabilization and reconstruction of the Islamic Republic of Afghanistan.       All cargoes/special cargoes declared for transportation must be declared as cargoes/special cargoes of the British side.       2. Transportation of goods / special cargoes is carried out on the basis of contracts concluded between freight forwarding agencies / companies of the Parties, in accordance with the legislation of the Republic of Kazakhstan.       Cargoes/special cargoes must be in special containers during transportation. Armored vehicles and wheeled vehicles must be transported without weapons, ammunition, breech, sights and other components for combat use and covered with tarpaulin.       The protection and security of cargo/special cargo during transit is carried out by the Kazakh side in accordance with the legislation of the Republic of Kazakhstan.

  Article 3

     1. Transit is carried out solely for the purposes of this Agreement in accordance with the legislation of the Republic of Kazakhstan and on the basis of a permit issued by the authorized body of the Kazakh side in accordance with paragraph 4 of this article.        2. The transit of special cargoes is carried out through the following checkpoints:       a) to/from the Russian Federation: Iletsk/Zhaysan; b) to/from the Republic of Uzbekistan: Sary-Agash/Keles; c) to/from the Kyrgyz Republic: Kaindy/Chaldavar (as it is put into operation).       3. Cargo transit is carried out through the following checkpoints:       a) to/from the Russian Federation: Iletsk/Zhaysan; b) to/from the Republic of Uzbekistan: Sary-Agash/Keles and/or Beineu/Karakalpakstan; c) to/from the Kyrgyz Republic: Kaindy/Chaldavar (as commissioned); d) to/from the port of Aktau.       4. To obtain a transit permit, the British side sends a corresponding request to the Kazakh side through diplomatic channels no later than 30 working days before the date of entry of goods/special cargoes into the territory of the Republic of Kazakhstan in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of export control in Kazakh, Russian and English.

  Article 4

     When carrying out transit in accordance with this Agreement, the British side is obliged to comply with the legislation of the Republic of Kazakhstan and not interfere in the internal affairs of the Republic of Kazakhstan.

  Article 5

     1. The Kazakh side has the right to refuse to issue a transit permit or terminate a transit permit if it is determined that transit does not comply with this Agreement or poses a threat to the national security of the Republic of Kazakhstan.       2. The transit permit will be cancelled in case of termination of this Agreement.        3. In case of termination of the transit permit, the British side, at its own expense, ensures the return of goods/special cargoes through the checkpoint through which they were imported into the Republic of Kazakhstan without the possibility of completing transit.        4. The total number of cargoes/special cargoes simultaneously located on the territory of the Republic of Kazakhstan should be strictly limited to one railway train.       5. In case of delays in the export of goods by sea due to circumstances beyond the control of the Kazakh side, the Kazakh side reserves the right to temporarily suspend the issuance of permits.

  Article 6

     During transit, cargoes/special cargoes are subject to border and customs control, if necessary, other types of control in accordance with the legislation of the Republic of Kazakhstan.       If there are grounds to believe that the cargo / special cargo does not correspond to the stated information, it can be unloaded (partially or completely) for a full inspection, or returned outside the territory of the Republic of Kazakhstan through the checkpoint where it arrived without the possibility of completing transit.

  Article 7

     1. The British side shall bear all expenses related to the transit of cargo/ special cargo through the territory of the Republic of Kazakhstan on the basis of agreements concluded between the forwarding agencies / companies of the Parties, in accordance with the legislation of the Republic of Kazakhstan.       2. The cost of railway services for the transportation of goods/special cargoes is set in accordance with the tariff policy for the transportation of goods on international routes for the freight year of the railways of the member States of the Commonwealth of Independent States.       3. The cost of Aktau port services is set in accordance with tariffs approved by the relevant authorities of the Kazakh side.

  Article 8

       1. Information received by the Parties in relation to transit carried out under this Agreement is not subject to disclosure to a third party without the written consent of the Party that provided the information.        2. Paragraph 1 of this Article shall not apply to information provided by either Party to legal entities involved in the transit process under this Agreement.  

  Article 9

     In accordance with the legislation of the Republic of Kazakhstan, the British side compensates the Kazakh side, Kazakh legal entities and individuals for damage caused by the fault of the British side during transit.

  Article 10

     Disputes and disagreements between the Parties related to the application and interpretation of the provisions of this Agreement shall be resolved through consultations and negotiations through diplomatic channels, and if they are not resolved, the legislation of the Republic of Kazakhstan shall apply.

  Article 11

     This Agreement does not affect the rights and obligations of either Party with respect to any international treaties to which their States are parties.

  Article 12

     At the request of the Kazakh side, the British side may provide technical assistance to the Armed Forces of the Republic of Kazakhstan by transferring property free of charge or at face value. The list of property and the procedure for its acceptance and transfer will be agreed upon by the defense departments of the Parties.       The property will be provided in accordance with the export rules that do not contradict the legislation of the United Kingdom of Great Britain and Northern Ireland and the import rules that do not contradict the legislation of the Republic of Kazakhstan.

Article 13

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized in separate protocols, which enter into force in accordance with the procedure provided for in Article 14 of this Agreement.

  Article 14

     1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.       2. This Agreement is concluded for a period of 1 year, after which its validity is automatically extended for subsequent one-year periods, until one of the Parties, no later than three months before the expiration of the next one-year period, sends a written notification to the other Party through diplomatic channels of its intention not to extend its validity.       In the event of termination of this Agreement, the obligations provided for in Articles 7, 8 and 9 shall continue to apply unless otherwise agreed by the Parties.

     Done in Astana, on April 15, 2014, in two copies, each in the Kazakh, English and Russian languages, all texts being equally authentic.

         For the Government For the Government of the Republic of Kazakhstan         Of the United Kingdom                                      Great Britain and Northern Ireland

 Appendix 1 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on ensuring the transit of cargo/special cargo through the Territory of the Republic of Kazakhstan in connection with the participation of The Armed Forces of the United Kingdom of Great Britain and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan      dated April 15, 2014                  

                                List of property allowed for transit through the territory            Republic of Kazakhstan by rail/sea

Code in accordance with the HS Code

Cargo name

8803 10 000 0 8803 20 000 0 8803 30 000 0

propellers and main rotors, and their landing gear parts and their parts parts of airplanes and helicopters, other

7309, 7310, 7311

tanks, cisterns, tanks and similar containers, of ferrous metals, drums, cans, boxes and similar containers, containers for compressed or liquefied gas

8407

internal combustion engines with spark ignition, rotating or reciprocating piston movement

8408

internal combustion piston engines with compression ignition diesels or semi-diesels)

4011, 4012

pneumatic rubber tires and tires

8708, 8803

wheels for vehicles and aircraft

7007

safety glass, including toughened (tempered) or laminated glass

6306

tarpaulins, awnings, tents; tents

8501 8511

motors and generators electric generators (for example, direct current and alternating current)

8421

water purification systems

9405

lighting systems

9401, 9403, 9404

furniture, bedding

9402

medical, surgical, dental or veterinary furniture (for example, operating tables, examination tables, hospital beds with mechanical devices, dental chairs); hairdressing chairs and similar chairs with devices for rotation and simultaneously for tilting and lifting; parts of the above-mentioned products

9018

devices and devices used in medicine, surgery, dentistry or veterinary medicine, including scintigraphic equipment, other electromedical equipment and devices for the study of vision

9022

equipment based on the use of X-ray, alpha, beta or gamma radiation, whether or not intended for medical, surgical, dental or veterinary use, including X-ray or radiotherapy equipment, X-ray tubes and other X-ray generators, high voltage generators, shields and control panels, screens, tables, chairs and similar products for examination or treatment

8516 60  

other stoves; electric stoves, electric cooking stoves, electric boilers

6911, 6912, 6913, 7013, 8215

tableware, cutlery

6101, 6102, 6201-6215, 6309, 6401-6405

clothing, shoes

     * For the purposes of applying this list, it is necessary to use both the product code in accordance with the Customs Code of Foreign Economic Activity of Kazakhstan and the product name indicated to it.

 Appendix 2 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on ensuring the transit of cargo/special cargo through the Territory of the Republic of Kazakhstan in connection with the participation of The Armed Forces of the United Kingdom of Great Britain and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan      dated April 15, 2014                  

                               List of property of the British Side prohibited for transit through the territory of the Republic of Kazakhstan

Code in accordance with the HS Code

Name of the property

3601 00 000 0

gunpowder

3602 00 000 0

ready-made explosive substances, except gunpowder

2801, 2804, 2805, 2806, 2807, 2808, 2811, 2812

chlorine, sulfuric acid with a density of 1.87 or more, nitric acid with a density of 1.4 or more, hydrochloric acid with a density of 1.15 or more, chlorosulfonic acid, sulema, yellow phosphorus, sulfur dioxide, carbon monoxide, prussic acid, hydrofluoric acid, hydrogen sulfide, phosgene, chlorine mixture, diphosgene, arsenic (arsenic) anhydride

2903, 2303, 2904, 2915, 2922, 2926, 2931, 2939

bromomethyl, nitro- and amino compounds of the aromatic series, dichloroethane, chloropicrin, sulfuric xylote chlorohydride, sulfuric acid chlorohydride, pyrosulfuric acid chlorohydride, nitrile acrylic acids, tetraethyl lead, alkaloids

3808, 3808

aldrin, dildrin

3603 00

fire-conducting cords; detonating cords; percussion or detonating caps; fuses; electric detonators

3604 90 000 0

signal rockets, rain rockets, fog signals and other pyrotechnic products

8471, 8443

desktop computers, laptops, removable media, printers

8517, 8526, 8527

fax machines, tactical radio communications, telephones, radars and radio navigation equipment

8526

radar, radio navigation and remote control equipment used for the combat use of weapons and military equipment, command and control of troops, weapons and military equipment, as well as remote combat control of troops

8710 00 000 0

tanks

8802

aircraft (helicopters and airplanes); spacecraft (including satellites) and suborbital and space launch vehicles

8906

military and rescue vessels, auxiliary military vessels, except rowing boats

9013

telescopic sights for mounting on weapons; periscopes; optical tubes made as machine parts, or other visual devices that can be used with weapons if they are not mounted on firearms or are not accompanied by firearms on which they are to be mounted; laser sights that can be used with weapons if they are not mounted on firearms or are not accompanied by the firearm on which they are to be mounted

9301

military-style weapons, except revolvers, pistols and weapons of heading 9307 of the Commodity nomenclature of foreign economic activity

9302 00 000 0

revolvers and pistols, other than those of heading 9303 or 9304

9303

firearms and other devices operating through the use of an explosive charge

9304

other weapons (for example, spring-loaded, pneumatic or gas guns and pistols, batons), other than those specified in heading 9307

9305

Spare parts for products specified in headings 9301-9303

9306

bombs, grenades, torpedoes, mines, rockets and similar means of warfare, parts thereof; cartridges, shells, other ammunition and parts thereof, including shot and wads for cartridges, as well as cartridges for smoothbore weapons and parts thereof

9307

swords, sabres, swords, broadswords, bayonets, pikes and similar weapons, parts of the listed weapons, scabbards and cases to it

     * For the purposes of applying this list, it is necessary to use both the product code in accordance with the Customs Code of Foreign Economic Activity of Kazakhstan and the product name indicated to it.

President    

Republic of Kazakhstan     

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