On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the Provision of Commercial Rail Transit of Special Cargo through the Territory of the Republic of Kazakhstan in connection with the participation of the United States of America in efforts to stabilize and rebuild the Islamic Republic of Afghanistan

The Law of the Republic of Kazakhstan dated June 30, 2010 No. 300-IV.

     To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on Ensuring Commercial Rail Transit of Special Cargo through the Territory of the Republic of Kazakhstan in connection with the Participation of the United States of America in efforts to Stabilize and Rebuild the Islamic Republic of Afghanistan, signed in Astana on June 20, 2010.

     President of the Republic of Kazakhstan

N. Nazarbayev

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of The United States of America on ensuring commercial rail transit of special cargo through the territory of the Republic of Kazakhstan in connection with the participation of the United States America's efforts to stabilize and rebuild The Islamic Republic of Afghanistan

      (Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Effective 14.07.2010)

     The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakh Side", and the Government of the United States of America, hereinafter referred to as the "American Side", and collectively referred to as the "Parties";

     Taking into account the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005) and 1707 (2006) 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 (hereinafter referred to as Afghanistan),

     have agreed on the following:

Article 1

     This Agreement defines procedures for the commercial rail transit of armored vehicles on wheels, motorized, without weapons, as well as accompanying personnel, including the transportation of such vehicles and personnel by the American Side through the territory of the Republic of Kazakhstan in the opposite direction for the purpose of supporting international efforts to ensure the security, stabilization and reconstruction of Afghanistan.

Article 2

     For the purposes of this Agreement, the terms used therein mean the following:

     a) "commercial rail transit" means the movement of special cargo and accompanying personnel, as defined below, through the territory of the Republic of Kazakhstan by commercial rail through the checkpoints specified in paragraph 2 of Article 3 of this Agreement;

     b) "special cargo" means motorized armored wheeled vehicles without weapons, transported in standard containers or in closed containers (each unit of special cargo does not exceed 60 gross tons and the dimensions of the cargo do not exceed the values accepted on railways of 1520 mm gauge);

     c) "accompanying personnel" means unarmed persons employed by a legal entity bound by a contract with or on behalf of the American Side, who may accompany a special cargo;

     d) "checkpoint" means the territory within the railway station, as well as another specially equipped place where border and customs control and, if necessary, other types of control and passage through the state border of the Republic of Kazakhstan for commercial railway transit of special cargo and accompanying personnel are carried out.

Article 3

     1. Commercial rail transit of special cargo and accompanying personnel is carried out exclusively for the purposes specified in Article 1 of this Agreement and in accordance with the legislation of the Republic of Kazakhstan on the basis of a permit issued in accordance with paragraph 3 of this Article by the authorized body of the Republic of Kazakhstan in the field of export control.

     2. Commercial rail transit of special cargo and accompanying personnel must pass through the following checkpoints:

     a) From the Russian Federation/to the Russian Federation: Iletsk/Zhaysan;

     b) From the Republic of Uzbekistan/to the Republic of Uzbekistan: Sary-Agach/Keles and/or Beineu/Karakalpakstan;

     c) From the Republic of Kazakhstan/to the Republic of Kazakhstan: Aktau port;

     d) From the Republic of Kazakhstan/to the Republic of Kazakhstan: Kuryk port.

     3. To obtain a permit for commercial rail transit of special cargo, the American Side sends documents related to the upcoming transit in accordance with the Rules for Issuing permits for transit of products subject to export control no later than 30 calendar days (excluding holidays of the Republic of Kazakhstan) before the planned entry into the territory of the Republic of Kazakhstan.

     4. After obtaining permission for commercial rail transit of special cargo, but no later than 72 hours before entering the territory of the Republic of Kazakhstan, the American Side provides the following information in Russian and English:

     a) the name and address of the sender of the special cargo;

     b) special cargo departure station;

     c) special cargo destination station;

     d) the name of the recipient of the special cargo;

     e) descriptions of the special cargo, its overall dimensions, weight, coordinates of the center of gravity;

     f) the number of identical units in the special cargo; and

     g) confirmation that the neighboring States have allowed the transit of special cargo through their respective territories.

     The footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 488-IV (for the procedure of entry into force, see art. 2); dated 04.05.2018 No. 152-VI.  

Article 4

     1. The Kazakh Side has the right to refuse to issue a permit for commercial rail transit of special cargo or to revoke an already issued permit if it is established that commercial rail transit of special cargo does not comply with this Agreement or poses a threat to the national security of the Republic of Kazakhstan.

     2. The permit for commercial rail transit of special cargo is cancelled in the event of termination of this Agreement.

     3. In case of cancellation of the permit for commercial rail transit, the American Side, at its own expense, ensures the return of special cargo and accompanying personnel outside the territory of the Republic of Kazakhstan.

Article 5

     1. The transit of accompanying personnel through the territory of the Republic of Kazakhstan is carried out in accordance with the visa regime of the Republic of Kazakhstan.

     2. The parties cooperate on all issues related to ensuring the stay of accompanying personnel in the territory of the Republic of Kazakhstan.

Article 6

     1. The accompanying personnel is obliged to comply with the legislation of the Republic of Kazakhstan.

     2. During the transit route, the accompanying personnel may not leave the train without the permission of the competent authorities of the Republic of Kazakhstan, except in cases of technical inspection of the train and special cargo, as well as when being in the train endangers the life or health of the accompanying personnel.

Article 7

     The criminal jurisdiction of the Republic of Kazakhstan applies to accompanying personnel during their stay in the territory of the Republic of Kazakhstan.

Article 8

     1. During commercial rail transit, special cargo and accompanying personnel are subject to border and customs control and, if necessary, other types of control, in accordance with the legislation of the Republic of Kazakhstan.

     2. The customs control authorities of the Kazakh Side have the right to conduct customs inspection directly in the railway wagons of the train. If, after inspection of the special cargo and the relevant documentation, representatives of the customs control authorities have reason to believe that the special cargo does not comply with the information provided for obtaining permission in accordance with Article 3 of this Agreement for the implementation of this Agreement, the special cargo may be partially or completely unloaded for further inspection. In such cases, special cargo is either unloaded from railway wagons for inspection, or, alternatively, returned through the checkpoint through which the train arrived outside the territory of the Republic of Kazakhstan, together with accompanying personnel, without completing commercial railway transit to the planned destination of the train.

Article 9

     The American Party or, where appropriate, legal entities bound by the contract with or on behalf of the American Party, reimburses the Kazakh Party and Kazakh legal entities for the cost of goods, works and services requested and received during commercial rail transit.

Article 10

     1. Information received by one Party in connection with commercial rail transit may under no circumstances be transferred to a third party without the written consent of the party that provided such information.

     2. Paragraph 1 of this Article does not apply to information provided by either Party to legal entities involved in the commercial rail transit of special cargo and accompanying personnel.

Article 11

     Claims for compensation for damage caused during the implementation of commercial railway transit under this Agreement, depending on the case, are satisfied:

     a) individuals and/or legal entities responsible for the damage;

     b) through consultations between the Parties; or

c) in accordance with the provisions of Article VIII of the Agreement between the parties to the North Atlantic Treaty on the Status of their Armed Forces of June 19, 1951, after consultations.

Article 12

     Disputes and disagreements between the Parties related to the application and interpretation of the provisions of this Agreement are resolved through consultations and negotiations through diplomatic channels.

Article 13

     1. This Agreement shall enter into force on the date of the last written notification between the Parties through diplomatic channels confirming the completion of all internal procedures necessary for its entry into force.

     2. This Agreement may be amended by written consent of the Parties.

     3. Amendments shall be drawn up in separate protocols and shall enter into force in accordance with the procedure provided for in paragraph 1 of this Article.

     4. This Agreement remains in force for one year and is automatically extended for subsequent annual periods, unless one of the Parties informs the other Party in writing through diplomatic channels and no later than 60 (sixty) days before the expiration of the relevant annual period of its intention not to extend this Agreement.

     5. Either Party may terminate this Agreement at any time by notifying the other Party through diplomatic channels. In this case, this Agreement shall terminate 60 (sixty) days after the date of receipt of the relevant notification.

     6. In the event of termination of this Agreement, the obligations set forth in Article 11 of this Agreement shall remain in force for the Parties until the Parties agree otherwise.

     Done in Astana on June 20, 2010, in two originals, each in the Kazakh, English and Russian languages, all texts being equally authentic.

For the Government

For the Government

Republic of Kazakhstan

United States of America

      Note. RCPI. The following is the text of the Agreement in English.  

President    

Republic of Kazakhstan     

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