On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen State Border

The Law of the Republic of Kazakhstan dated April 28, 2023 No. 2-VIII SAM

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border, signed in Ashgabat on October 25, 2021.

     President

Republic of Kazakhstan

K. TOKAEV

agreement    between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border  

     The Government of the Republic of Kazakhstan and the Government of Turkmenistan, hereinafter referred to as the "Parties",

     Guided by the principle of international law on territorial integrity and inviolability of borders,

     Determined to make common efforts to ensure that the State border between the two States remains the border of eternal peace and friendship from generation to generation,

     in order to ensure stability on the state border of the two countries and peace in the border areas, the settlement of border issues in the spirit of mutual respect, trust, equality, friendship and cooperation,

      Based on the Agreement on Friendly Relations and Cooperation between the Republic of Kazakhstan and Turkmenistan dated May 19, 1993, the Agreement on Strategic Partnership between the Republic of Kazakhstan and Turkmenistan dated April 18, 2017 and the Agreement between the Republic of Kazakhstan and Turkmenistan on Cooperation in State Border Protection dated July 5, 2001,  

     have agreed on the following:

Chapter 1. General provisions Article 1

     1. The regime of the Kazakh-Turkmen state border (hereinafter referred to as the regime of the state border) is the rules defined by this Agreement that apply on the Kazakh–Turkmen state border and in the border strips, including the procedure:

     maintenance of the Kazakh-Turkmen state border;

     crossing of the Kazakh-Turkmen state border by persons, vehicles and movement of goods and other property through it;

     passage of persons, vehicles, cargo and other property across the Kazakh-Turkmen state border;

     carrying out flights over the Kazakh-Turkmen state border and border strips;

     conducting economic, commercial, research, prospecting or other activities, conducting socio-political, cultural or other events on the Kazakh-Turkmen state border, border strips, as well as within the boundary waters (including their use);

     resolution of border incidents.

     2. The state border regime is supported by the joint activities of the States of the Parties and its issues are regulated by this Agreement, as well as by the legislation of the States of the Parties and international treaties to which the States of both Parties are parties.

Article 2

     For the purposes of this Agreement, the following concepts (terms) are used:

     1) the emergency rescue service is a set of management bodies, forces and means designed to solve the tasks of preventing and eliminating emergency situations and functionally integrated into a single system based on emergency rescue formations.;

     2) an emergency rescue unit is an independent or part of an emergency rescue service structure designed to carry out emergency rescue operations, which is based on rescue units equipped with special equipment, equipment, equipment, tools and materials, and dog training teams.;

     3) reservoir – permanent or temporary accumulation of stagnant or with reduced water flow in natural or artificial depressions;

     4) aircraft – an apparatus maintained in the atmosphere due to its interaction with air, excluding interaction with air reflected from the earth's (water's) surface;

     5) the state border, the border – have the same meaning in the text of this Agreement, mean the line and the vertical plane passing along it defining limits of division of the territory (land, waters, subsoil and airspace), and also spatial limits of actions of state sovereignties between the Republic of Kazakhstan and Turkmenistan.;

     6) cargo and other property transported across the state border (hereinafter referred to as cargo and other property) – commercial and non–commercial cargo, goods, animals, objects, materials, means, substances, hand luggage and vehicles transported across the state border;

     7) delimitation – determination of the position and direction of the state border line, executed by documents on the delimitation of the border;

     8) demarcation – the definition of the passage and marking of the state border on the ground with border signs in accordance with the documents on the delimitation of the border and issued by the documents on the demarcation of the border;

     9) border delimitation documents – international treaties defining the position and direction of the state border, to which the States of the Parties are parties;

     10) demarcation documents – international treaties defining the passage and designation of the state border on the ground, to which the States of the Parties are parties;

     11) joint inspection documents – legal documents (protocol-description of the passage of the Kazakh-Turkmen state border line, map of the state border, protocols of border signs, catalog of coordinates and heights of border signs, protocol of joint inspections and other documents) formed after a joint inspection of the designation of the state border line, which are an integral part of the border demarcation document;

     12) shared roads – country roads (trails) located on or along the state border and repeatedly crossing it, used by border agencies, as well as by the maintenance personnel of cross-border facilities in accordance with international treaties to which both States of the Parties are parties.;

     13) liquidation of emergency situations – emergency rescue and other types of work carried out in emergency situations;

     14) local residents – the population permanently residing in the border areas;

     15) equipment – materials, vehicles and technical means, equipment of the relief group and personal equipment of their members, including medicines and medical devices necessary for the life support of the relief group for the duration of emergency rescue operations;

     16) movement across the state border – the moment when goods and other property actually come into contact with the state border when moving from the territory of the state of one Party to the territory of the state of the other Party;

     17) crossing the state border is the moment when persons and vehicles actually come into contact with the state border when moving from the territory of the state of one Party to the territory of the state of the other Party.;

     18) border agencies – authorized bodies in the field of protection of the state border of the states of the Parties;

     19) border signs – border posts installed on the line or on both sides of the state border, indicating the designation of the state border on the ground. Their geographical coordinates are defined and recorded in the demarcation documents or documents of joint inspections of the designation of the state border. Border signs are divided into basic and intermediate ones.;

     20) border incident – an incident at the state border involving a violation of the state border regime affecting the interests of one or both States of the Parties, or both States of the Parties and a third adjacent (connecting) State.

     21) border strip – a part of the territories adjacent on both sides to the state border line, defined by the legislation of the states of the Parties where the state border regime operates;

     22) border representatives (border commissioners) – authorized officials appointed from among the representatives of the border agencies of the States of the Parties to resolve issues related to the maintenance of the state border regime established by this Agreement, the prevention and resolution of border incidents;

     23) border clearings – strips of terrain cleared of trees, shrubs and other plants within the width defined by this Agreement on both sides of the state border line in order to ensure its observation and visibility between neighboring border signs;

     24) border areas – areas of the Republic of Kazakhstan and Turkmenistan adjacent to the state border;

     25) the passage of persons, vehicles, goods and other property across the state border and the passage across the border have the same meaning in the text of this Agreement and mean the recognition by the authorized bodies of the States of the Parties of the legality of crossing (permission to cross) the state border by persons, vehicles and movement across the state border of goods and other property in accordance with the legislation States of the Parties and international treaties to which the States of both Parties are parties;

26) border crossing procedure – a set of control, verification, regime and other measures carried out by border agencies independently or jointly with authorized bodies in accordance with the legislation of the States of the Parties and international treaties to which the states of both Parties are parties, in respect of persons, vehicles crossing the state border and goods transported through it, and other property;

     27) a checkpoint across the state border (hereinafter referred to as a checkpoint) is an area within a railway, automobile station or station, seaport, international airport or airfield of the States of the Parties, as well as another area specially designated and equipped in accordance with the legislation of the States of the Parties in the immediate vicinity of the state border, where the passage through the border;

     28) border waters – a part of the internal and territorial waters of the states of the Parties adjacent to the line of the state border and the line of demarcation of adjacent sections of fishing zones defined by the legislation of the states of the Parties where the regime of the state border operates;

     29) a fishing zone is a marine belt in which the coastal State has the exclusive right to fish for aquatic biological resources.;

     30) inland waters – waters located offshore from the baselines;

     31) territorial waters – the sea belt, which is subject to the sovereignty of the coastal state;

     32) joint actions to comply with the state border regime – actions coordinated by purpose, objectives, place, time and carried out at the state border, in border strips and border areas according to a single plan by border agencies to maintain the state border regime established by this Agreement and the legislation of the States of the Parties;

     33) maintenance of the state border – installation, safety and maintenance of border signs, their control inspections, equipment and maintenance of border clearings (trails) in proper order, as well as joint control inspections of the condition and location of border signs;

     34) preservation and maintenance of border signs – inspection, protection, dismantling and removal to a safe place, as well as maintenance, restoration, repair and re-installation of border signs;

     35) transit movement through the territory of the state of one of the Parties is the passage through the territory of the state of one of the Parties of persons, vehicles, goods and other property whose path through the territory of the state of destination is part of their complete route starting and ending in the territory of the state of the other Party;

     36) cross–border structures - railways, highways, pipelines, power transmission lines, cables and other structures crossing the state border, as well as facilities of one of the parties located within the border territory (border zone) on the territory of the state of the other Party;

     37) authorized bodies – bodies defined by the legislation of the states of the Parties, whose competence includes resolving issues in accordance with this Agreement.;

     38) force majeure circumstances are circumstances of an objective nature that cannot be foreseen, prevented or overcome;

     39) emergency situation – a situation that has arisen as a result of an accident, disaster or disaster of a natural or man-made nature, which has caused or may cause human casualties, harm to human health, the environment and industrial and social infrastructure facilities, significant material losses and violations of the living conditions of the population;

     40) experts of border representatives (border commissioners) are competent specialists of various profiles of the authorized bodies of the States of the Parties who are involved (appointed) to ensure the activities of border representatives (border commissioners).

Chapter 2. Maintenance of the state border Article 3

     The maintenance of the state border is carried out by authorized bodies and is aimed at ensuring and maintaining the regime of the state border.

Article 4

     1. Each Party shall take measures to protect border signs, prevent their damage, displacement, destruction or loss, and shall also be responsible for the maintenance of border signs and equipped border clearings installed by it on the territory of its States in accordance with the provisions of this Agreement, demarcation documents and joint inspection documents.

     2. Border agencies carry out activities related to the maintenance of border signs of the State of their Party in accordance with their legislation and international treaties to which the States of both Parties are parties.

     If the border agency of the State of one of the Parties finds damage, displacement, destruction or loss of border signs, the border agency of the State of the other Party is immediately notified.

     The border agency of the State of one Party, responsible for the maintenance of border signs, takes measures to search for lost border signs and clarify the circumstances of the loss, and the border agency of the State of the other Party provides assistance in resolving this issue on the territory of its State.

Article 5

     1. Border agencies independently or jointly carry out a control inspection of the condition and location of border signs.

     The timing of a joint inspection of the condition and location of border signs is agreed upon between the border agencies in advance.

     The results of the specified joint inspection are formalized by the protocol of the joint inspection of the condition and location of the border signs in two copies in Russian.

     2. The border agency responsible for the maintenance of border signs shall take measures to repair, restore or re-install them in their former place, and inform the border agency of the State of the other Party at least 10 days before the start of such work.

      The specified work is carried out by the border agency of the State of one of the Parties in the presence of representatives of the border agency of the State of the other Party. Upon completion of the work, an act is drawn up in two copies in Russian in accordance with Annex 1 to this Agreement.

     If one of the Parties does not have access from the territory of its state to the border sign for carrying out the specified work, the other Party provides access to this sign from the territory of its state.

Article 6

     If there is a threat of destruction of border signs as a result of natural disasters (landslides, floods, etc.), the border agencies responsible for their maintenance take measures to preserve the relevant border signs, and if it is impossible to preserve them, in order to prevent loss, they dismantle and take the border signs to a safe place with the preparation of acts on each fact.

     The border agency of the State of the other Party is informed as soon as possible about the threat of destruction of border signs and the measures taken by the border agency of the State of one Party.

Article 7

      1. In case of impossibility of restoration or re-installation of the border sign in its former place due to force majeure circumstances, an act is drawn up in two copies, each in Kazakh, Turkmen and Russian, according to Annex 2 to this Agreement, indicating the reasons for the impossibility of its restoration or re-installation in its former place.  

      2. A joint group of border agencies and authorized bodies of the States of the Parties (hereinafter referred to as the joint group) is being established to consider and resolve issues related to the restoration, re–installation and relocation to a new location of border signs that cannot be restored at the site of the initial installation.  

     The Joint Group carries out its activities in accordance with the Regulations on the joint group of Border Agencies and Authorized bodies of the Republic of Kazakhstan and Turkmenistan in accordance with Annex 3 to this Agreement.

     When a joint group decides to determine another location for the installation of a border sign, it is not allowed to change the border line.

     3. Based on the results of the work carried out related to the installation of the border sign at a new location, the Joint Group draws up an act in two copies, each in Kazakh, Turkmen and Russian, in accordance with Annex 4 to this Agreement, and draws up a new Protocol of the border sign and fragments of the catalog of coordinates and heights of border signs, a protocol describing the passage of the state border at this section and maps of the state border concerning the location of the newly installed border sign.

     These documents are submitted for consideration to the joint commission for verification of the designation of the state border line, established in accordance with the Agreement between the Republic of Kazakhstan and Turkmenistan on the Demarcation of the Kazakh-Turkmen State border dated April 18, 2017.

     After the specified Commission carries out a joint inspection of the designation of the state border line, these documents are drawn up by a joint inspection protocol, which will be an integral part of the documents of the demarcation of the state border.

     4. Repair, restoration, re-installation and relocation, as well as the shape, dimensions, and material of the border sign must comply with the requirements of the border demarcation documents.

5. The Parties, in accordance with the legislation of their States, shall hold accountable legal entities and individuals who have damaged, moved or destroyed border signs, as well as determine the procedure for reimbursement of expenses related to the restoration of damaged or destroyed border signs.

Article 8

     1. The Parties shall take measures to equip and maintain border clearings, which are 20 meters wide (10 meters on both sides of the state border line), and prevent their overgrowth with trees, shrubs and other plants.

     The border agencies within the territory of the State of their Party independently or jointly check the condition of the border clearings.

     The timing of the joint inspection of the state of the border clearings is agreed upon between the border representatives (border commissioners) in advance.

     The results of the specified joint inspection are drawn up in two copies, each in Russian.

     If necessary, the border agencies independently or jointly clear the clearings from trees, shrubs and other plants that impede surveillance.

     In the case of work on cleaning the border clearing on its territory, the border representative (border commissioner) The State of one Party shall notify the border representative (border commissioner) of the State of the other Party at least 10 days before the start of work.

     2. It is prohibited to use fire, chemicals and other methods for clearing border lanes that may cause damage to the States of the Parties.

     3. It is prohibited to carry out plowing, earthmoving, construction of structures and other economic activities on border clearings, except in cases stipulated by this Agreement and other international treaties between the States of the Parties.

     4. In order to prevent negative impacts on the habitat, breeding conditions and concentration sites of wild animals at the border, border agencies, in the performance of their duties to protect the state border, erect engineering and technical facilities, structures and barriers, taking into account the migration routes of wild animals, at the suggestion of the authorized bodies of the States of the Parties in the field of protection, reproduction and use of wildlife.

Chapter 3. Procedure for crossing the state border by persons, vehicles and movement of goods and other property across the state border. Procedure for the passage of persons, vehicles, goods and other property across the State border

Article 9

     1. Crossing of the state border by persons, vehicles and movement of goods and other property across the state border are carried out:

     1) on land – in places where the state border is crossed, established on the routes of international railway, automobile and other communications;

     2) in airspace – at places where the state border is crossed by international routes or along air corridors specially designated for these purposes.;

     3) at sea – within the sea corridors established on the routes of international maritime communication.

     2. Crossing the state border in other places is allowed in cases stipulated by this Agreement and other international treaties to which the States of both Parties are parties.

Article 10

     1. In exceptional cases, it is allowed for aircraft and ships to cross the state border outside the designated locations (air and sea corridors) associated with its forced crossing due to emergencies and force majeure circumstances determined by the legislation of the States of the Parties and international treaties to which the States of both Parties are parties.

     2. In the cases specified in paragraph 1 of this Article, the commander of an aircraft (captain of a sea vessel) is obliged to immediately notify the administration of the nearest airport (seaport), which immediately informs the border agency of the State of its Party.

Article 11

     1. In exceptional cases (in the interests of national security of the States of the Parties, as well as for sanitary and quarantine reasons, in case of epidemics and epizootics, emergencies or other force majeure circumstances), the Parties temporarily restrict or stop crossing the state border in certain sections of it.:

     1) at the designated places of crossing the state border in accordance with the procedure provided for by this Agreement and other agreements between the Parties;

     2) at other places of crossing the state border defined by this Agreement, with notification to the other Party through border representative activities no later than 48 hours before the planned time of their introduction, indicating the reasons and duration of restrictions.

Article 12

     When performing the duties of protecting the state border, the border agency of one of the Parties is granted the right to cross the state border in a different manner, as well as the right to repeatedly cross the state border when using shared roads, using water from a source (well) located near the state border on the territory of the other Party. These actions are coordinated with the border agency of the other Party.

Article 13

     1. When crossing the state border, persons, vehicles, as well as goods and other property transported across the state border are subject to the border crossing procedure in accordance with the legislation of the States of the Parties and international treaties to which the States of both Parties are parties.

     2. The passage of persons, vehicles, goods and other property across the state border from the State of one Party to the State of the other Party is carried out at checkpoints established and opened in accordance with the legislation of the States of the Parties and international treaties to which the States of both Parties are parties.

     3. The mode of operation of checkpoints is determined by the Parties in accordance with international treaties to which the States of both Parties are parties.

     The border agencies, together with other authorized bodies exercising control at checkpoints, mutually coordinate the regulations (schedule) for the operation of checkpoints and the mechanism for cooperation on border crossing issues in accordance with this Agreement and international treaties to which the States of both Parties are parties.

     4. When passing persons traveling on foot from the territory of the State of one Party to the territory of the State of the other Party, transportation of this category of persons and their luggage between automobile checkpoints of the States of the Parties is allowed, taking into account their distance from each other. These shipments are organized by the authorized bodies in coordination with the border agencies.

     5. In exceptional cases (in the interests of national security of the States of the Parties, as well as for sanitary and quarantine reasons, in case of epidemics and epizootics, emergencies or other force majeure circumstances), the Parties temporarily restrict or terminate border crossing.

Article 14

     1. In exceptional cases, the Parties shall allow persons, vehicles, goods and other property to cross the state border outside the existing checkpoints in compliance with the control procedure established by this Agreement and the legislation of the States of the Parties.

     2. Border agencies, by mutual agreement, carry out border crossing for temporary stay in the territory of the States of the Parties (for the purpose of servicing cross-border facilities for transport, industrial, agricultural and water management purposes, communications, telecommunication networks, power transmission lines and other activities) – outside the existing checkpoints in compliance with the procedure established by this Agreement, on the basis of valid national documents (identity cards) of the States of the Parties, according to the personal lists certified by the management of organizations, and passes issued in Russian in accordance with Annex 5 to this Agreement and issued by border representatives (border commissioners) of the states of both Parties.

     In order to obtain these passes, the border authorities, through border representatives (border commissioners), are provided with personal lists certified by the management of the organizations and copies of valid national documents (identity cards) of the States of the Parties in advance (at least 15 days in advance).

Article 15

     When persons and vehicles are traveling, goods and other property are being transported from the State of one Party to the State of the other Party from the border to the checkpoints or in the opposite direction, it is prohibited:

     1) changing the established route;

     2) stopping, disembarking (boarding) persons, unloading (loading) goods and other property, lifting into the air, landing or receiving any aircraft, including unmanned.

Article 16

     Aircraft and sea vessels traveling from the State of one Party to the State of the other Party are obliged to comply with the legislation, as well as the requirements of the States of the Parties in whose airspace and maritime space they are located.

Article 17

     1. The admission of citizens of the State of one Party to the territory of the State of the other Party is carried out on the basis of documents determined by international treaties in force between the Parties, valid for mutual travel.

2. Persons, vehicles, cargoes and other property that are not allowed or restricted entry or importation into the territory of the States of the Parties in accordance with the legislation of the States of the Parties shall not be allowed to cross the state border. The said persons, vehicles, cargoes and other property, who arrived or moved from the State of one Party to the checkpoint of the State of the other Party and have no grounds for crossing the state border, are returned to the State of the Party from where they arrived.

     At the same time, it is allowed for third-country nationals who have arrived by aircraft from the State of one Party to the State of the other Party to return to their country of nationality by aircraft.

     Border agencies, for each fact of refusal to allow persons, vehicles, cargo and other property to enter the territory of their State from the territory of the other Party's state at automobile and railway checkpoints, inform each other through the activities of border representatives (border commissioners), and also take measures to prevent the abandonment of vehicles between checkpoints. the schedule of their work.

Article 18

     1. During transit movement through the territories of the States of the Parties, repeated crossing of the state border is permitted.:

     1) without a pass procedure:

     representatives of the border agencies of the States of the Parties – along shared roads (trails) that repeatedly cross the state border;

     representatives of the joint group of border agencies and authorized bodies of the Republic of Kazakhstan and Turkmenistan during meetings and practical measures at the state border related to the restoration, re-installation and relocation to a new location of border signs, the restoration of which is impossible.;

     representatives of the Joint Commission for checking the designation of the State Border line for the period of joint work;

     2) with a pass procedure:

     maintenance personnel of cross–border structures during their maintenance – along shared roads (trails) (along trails along cross-border structures), at points where cross-border structures cross the state border, and on roads (trails) leading to these structures - before and after taking over the day (shift).

     2. In the cases specified in paragraph 1 of this Article, it is prohibited to change the established route, disembark (landing) other persons, unload (load) other goods and other property, take off, land or receive any aircraft, including unmanned.

     The exceptions are cases of emergencies, technical malfunctions, the provision of urgent medical care to people (with subsequent notification to the border agency), as well as work carried out by a Joint Commission to verify the designation of the state border line.

      3. The persons specified in subparagraph 2) of paragraph 1 of this Article shall be allowed to cross the border in accordance with paragraph 2 of Article 14 of this Agreement.

Article 19

     1. The crossing of the state border by the service personnel of cross-border facilities, as well as their passage across the border, are allowed at the points where the state border is crossed by the specified facilities and on roads (trails) leading to these facilities, in accordance with paragraph 2 of Article 14 of this Agreement.

     2. The presence of the personnel specified in paragraph 1 of this Article on the territory of the State of the other Party is allowed within the territory of the serviced transboundary facilities and their communications for a period of days (shifts).

     3. The passage of maintenance personnel of cross-border facilities, as well as machinery and mechanisms, raw materials, and materials intended for the operation and maintenance of these facilities through checkpoints is carried out as a matter of priority if the documents specified in paragraph 2 of Article 14 of this Agreement are available.

Article 20

     1. In case of a request from one of the Parties for assistance in preventing and eliminating emergency situations, emergency rescue services and formations of the States of the Parties may cross the state border in other places with prior notification of the authorized border and airspace protection authorities of such a need, as well as coordination of the places and time of crossing.

     2. The passage of emergency services and formations of the States of the Parties across the state border for the prevention or liquidation of emergency situations is carried out on the basis of valid national documents (identity cards) of the states of the Parties and official certificates, according to personal lists and a list of equipment certified by the management of organizations previously submitted to border agencies through border representatives (border commissioners):

     1) at checkpoints – on an extraordinary basis;

     2) outside the checkpoints – in compliance with the control procedures established by the legislation of the States of the Parties.

Chapter 4. Flying over the state border and border strips

Article 21

     1. The Parties shall take measures to prevent illegal flights of aircraft crossing the state border, except in cases caused by force majeure.

     2. A Party planning to conduct aircraft flights within its border strip in order to carry out aerial photography work necessary for mapping border areas is obliged to provide information to the other Party through diplomatic channels at least 40 days before the start of work, in accordance with the list specified in Annex 6 to this Agreement.

     The necessary formalities and procedures for performing aircraft flights for the above purposes are regulated by a separate Agreement between the Parties on cooperation in the production of unilateral aerial photography.

     3. The border agencies and authorized bodies in the field of state border protection in the airspace of the States of the Parties shall be informed in advance of information received through diplomatic channels and planned flights of aircraft specified in paragraph 2 of this Article.

Chapter 5. The procedure for conducting economic, commercial or other activities, conducting socio-political, cultural or other events on the state border, border strips, as well as within the boundary waters (including their use)

Article 22

     1. Conducting economic, fishing or other activities, conducting socio-political, cultural or other events on the state border and border strip, as well as within the border waters (including their use) are carried out with the permission of border agencies in accordance with the procedure established by this Agreement, the legislation of the States of the Parties and international treaties to which the States are parties. both Sides.

     The border agencies shall monitor the conduct of economic, commercial or other activities, the conduct of socio-political, cultural or other events on the state border, border strip and within the border waters (including their use) in accordance with the provisions of this Agreement, and also notify each other through the border guard no later than three days in advance. the representative (border Commissioner) on the timing and specific location of activities that may affect the regime of the state border.

     2. Economic, commercial or other activities, socio-political, cultural or other events carried out (conducted) on the state border and border strip, as well as within the border waters of the States of the Parties, must not:

     1) harm the national security of the States of the Parties or contain a threat of harm to them;

     2) create obstacles to the maintenance of the state border and the fulfillment of tasks by authorized bodies;

     3) violate the established order at the state border.

Article 23

     1. Hunting on the state border and the border strip, as well as the pursuit of animals across the border and shooting aimed at the territory of the other Party's State are prohibited.

     2. If it is necessary to carry out blasting operations within 1,000 meters from the state border, the Party planning to carry them out notifies the other Party at least 48 hours in advance through a border representative (border commissioner) and takes measures to prevent damage to the States of the Parties.

Article 24

     1. Border agencies shall monitor the prevention of pets crossing the state border.

     2. In the case of pets crossing the state border, the border agencies inform each other as soon as possible and take measures to search, protect and transfer them to places designated by border representatives (border commissioners), or, if their illness or death is detected due to a particularly dangerous infectious disease, to be destroyed in accordance with the legislation. States of the Parties.

     Their concealment, slaughter or sale, as well as their use for economic purposes are prohibited.

Article 25

     1. The authorized bodies shall take sanitary and anti-epidemic (preventive), veterinary and phytosanitary measures to prevent the introduction of infectious human and animal diseases, epidemics and epizootics, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests) across the border into the territory of the States of the Parties.

In case of deterioration of the sanitary-epidemiological, epizootic situation in border areas, detection of infectious human or animal diseases in border areas, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests) that pose a danger to human health, animals, plants and the environment, and their possible spread through The authorized bodies immediately notify each other about the state border.

     2. In case of outbreaks of particularly dangerous animal diseases in the territory of the state of one of the Parties, the authorized body of the state of the other Party prohibits the import of animals, products and raw materials of animal origin in accordance with the requirements of the International Epizootic Bureau (hereinafter – OIE) when crossing the state border and leaving or entering the territory of the States of the Parties of persons, vehicles, (export) of goods and other property.

     The authorized bodies of the Parties, in accordance with the requirements of the OIE, prohibit the import of animals, products and raw materials of animal origin from a country with a disadvantaged status to a country with a safe status for particularly dangerous animal diseases across the border.

     3. The authorized bodies, if necessary, consult on the protection and use of water and other natural resources, the prevention of infectious diseases of humans and animals, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests) in the border areas.

Article 26

     When using the border waters, the Parties shall be guided by the provisions of this Agreement and other international treaties delimiting the internal waters, territorial waters and fishing zones of the States of the Parties along the adjacent coast of the Caspian Sea, to which the States of both Parties are parties.

Article 27

     1. Citizens of the States of the Parties shall fish within their part of the border waters with the permission of the border agencies.

     The authorized bodies jointly or independently take measures to curb illegal fishing of fish and other biological resources, the use of explosives and chemicals, electric current or other methods of mass destruction of fish and other aquatic biological resources in the border waters.

     2. The authorized bodies resolve issues of protection, reproduction and use of fish and other aquatic biological resources within the boundary waters in accordance with the legislation of the States of the Parties and international treaties to which the States of both Parties are parties.

Article 28

     In the event of natural and man-made emergencies in the border areas, the authorized bodies, by agreement, provide the necessary assistance to the affected Party in rescuing and eliminating the consequences, and also take measures to prevent the disaster from spreading to the territory of the other Party's State.

Article 29

     1. The authorized bodies independently take measures, as well as carry out joint activities to maintain and comply with the state border regime in accordance with this Agreement, the legislation of the States of the Parties and international treaties to which the States of both Parties are parties.

     To this end, the border agencies organize and conduct joint actions to comply with the state border regime in the periods and terms agreed upon by the border representatives (border commissioners) of the States of the Parties.

     Movement along shared roads of border agencies during joint actions to maintain and comply with the state border regime is carried out by agreement of border representatives (border commissioners).

     2. The Parties shall strengthen cooperation and interaction in the interests of ensuring conditions and maintaining the state border regime, maintaining order in border areas, preventing and suppressing smuggling, illegal migration, illicit trafficking in narcotic drugs, psychotropic substances, their analogues, precursors, prohibited items, as well as other cross-border crimes.

     3. The Parties shall determine the list of administrative boundaries of the border areas in accordance with Annex 7 to this Agreement. In the event of changes due to the revision of the administrative delimitation of their border areas, one Party shall promptly notify the other Party.

Chapter 6. Procedure for resolving border incidents

Article 30

     1. The resolution of border incidents is carried out by border representatives (border commissioners) of the States of the Parties.

     Border incidents that are not resolved by border representatives (border commissioners) are resolved through diplomatic channels.

     2. Border incidents are resolved through unilateral or joint investigations, information exchange or review of their results, joint decision-making, elimination of consequences and causes, bringing perpetrators to justice, and restoration of the state border regime in accordance with this Agreement.

     Investigations establish: the type of incident, the time, place and causes of its occurrence, the participants, the nature of their actions and guilt, the presence of witnesses and physical evidence, the measures necessary to consolidate the testimony of witnesses and preserve physical evidence.

     All issues related to the resolution of border incidents are resolved on an equal basis, all statements by border representatives (border commissioners) are expressed in a polite manner, are reasonable in nature and are resolved in the interests of the States of the Parties.

     3. When resolving border incidents, experts from border representatives (border commissioners) may be involved, as well as the use of forces and means of other authorized bodies of the States of the Parties.

Article 31

     In case of border incidents, the border representative (Border Commissioner) the State of one Party informs the border representative (border commissioner) of the State of the other Party about them in accordance with the established procedure or receives relevant information from him.

     Upon border incidents, border representatives (border commissioners) send oral or written statements requesting appropriate measures, for which, by mutual agreement, meeting places at the state border and the procedure for exchanging official correspondence are established.

Article 32

     1. If signs of a border violation or violator are detected from the territory of the State of one Party, border representatives (border commissioners) and authorized bodies of the State of the other Party shall search, detain and identify the border violator on the territory of their State, and inform each other about this.

     2. The use of weapons against a border violator is allowed in accordance with the legislation of the States of the Parties.

     An intruder who was injured during detention is provided with urgent medical assistance.

     3. The border representatives (border commissioners) of the State of the Party who have detained border violators shall inform the border representatives (border commissioners) of the State of the other Party about the circumstances of the offenses committed, the measures taken against the detainees and the results of investigations, and upon request of the border representatives (border commissioners) of the State of the other Party, provide the necessary materials.

     4. The transfer of offenders by border representatives (border commissioners) is carried out in accordance with the legislation of the States of the Parties and international treaties to which the States of both Parties are parties.

     5. Persons detained for violating the state border, if the fact of their unintentional crossing of the border is established in accordance with the legislation of the Parties (economic and domestic purposes, mentally ill, due to adverse weather conditions and natural disasters, loss of orientation, etc.), as well as provided that they have not committed criminal offenses while They are transferred to the territory of the State from which they came.

     These persons are transferred according to an act, the sample of which is established by mutual agreement by the border representatives (border commissioners) of the States of the Parties.

     The act is drawn up in two copies in Russian and signed by representatives of the border agencies of the Parties who receive and transmit them.

     The act specifies:

     - time, date and place of transfer;

     - installation data of the transferred persons;

     - the time, date and place of their unintentional illegal border crossing;

     - circumstances and reasons for the unintentional illegal border crossing;

     - a list of items, belongings and documents of the transferred persons;

     - statements of the transferred persons;

     - military ranks, surnames and initials of representatives of the border agencies of the Parties responsible for receiving and transferring the above-mentioned persons.

Article 33

     1. If unidentified human corpses are found on the state border, border strips or in border waters, border representatives (border commissioners) and authorized bodies of the Parties establish their affiliation, if necessary, conduct a joint identification, jointly resolve issues of their transfer or the necessary resolution methods.

2. If unidentified objects or cattle corpses are found on the state border, border strips or in border waters, the Parties shall take measures to establish their ownership and, by mutual agreement, transfer (return) or destroy them.

Article 34

     1. Border representatives (border commissioners) and authorized bodies of one Party, upon receiving information about an illegal border crossing by an aircraft, immediately inform (respectively) border representatives (border commissioners) and authorized bodies of the other Party about the likely type of aircraft that violated the border, as well as the time of the border violation, location (geographical coordinates), altitude and direction (airway) flying.

     2. Border representatives (border commissioners) and authorized bodies of one Party, upon receiving a report of an illegal border crossing by an aircraft, immediately check on the illegal border violation and inform (respectively) border representatives (border commissioners) and authorized bodies of the other Party about the reasons for the illegal border crossing.

     If the border representatives (border commissioners) and authorized bodies of one Party do not have information about the aircraft that illegally violated the border, they (respectively) inform the border representatives (border commissioners) and authorized bodies of the other Party and take measures to search for it.

     3. Border representatives (border commissioners) and authorized bodies of the Parties jointly investigate the causes of illegal border crossing by aircraft.

     The procedure for exchanging information on illegal border crossing by aircraft is decided in accordance with the relevant agreements between border representatives (border commissioners) and authorized bodies of the Parties.

Article 35

     1. A unilateral investigation of border incidents (hereinafter referred to as a unilateral investigation) is conducted in relation to border incidents that do not cause disagreement between the Parties (accidental crossing of the state border by citizens of one side into the territory of the other, cattle grazing across the border, fire crossing in steppe areas), or which do not require additional joint measures to resolve.

     2. Unilateral investigations are conducted by border representatives (border commissioners) independently on their territory in accordance with the legislation of the States of the Parties, the results of which are informed to the other Party.

     3. The settlement of border incidents in such cases is achieved by receiving and transmitting information about the results of a unilateral investigation by means of communication (official correspondence) or holding a meeting of border representatives (border commissioners), their deputies or assistants with a joint decision, as well as the subsequent implementation by the Party on whose territory the border incident occurred, measures to eliminate their consequences. and the reasons for bringing the perpetrators to justice and restoring order in accordance with the rules of the state border regime.

     The materials of unilateral investigations are the basis for making joint decisions at the meeting (joint meetings) of border representatives (border commissioners), reflecting the common point of view of the Parties, which are attached as annexes to the protocol of the meeting of border representatives (border commissioners).

     In cases where there are insufficient grounds for developing a common point of view between the Parties and making joint decisions, joint investigations are appointed by border representatives (border commissioners) by mutual agreement.

Article 36

     1. A joint investigation of border incidents (hereinafter referred to as a joint investigation) is conducted in relation to border incidents related to violation of the state border regime or causing material or other damage to one or both States of the Parties.

     2. Joint investigations are conducted by border representatives (border commissioners) at the meeting points of border representatives or directly at the site of a border incident.

     3. The settlement of border incidents in such cases is achieved by reviewing the results of joint investigations by border representatives (border commissioners), making joint decisions, identifying and taking joint measures to eliminate the consequences and causes, bringing perpetrators to justice and restoring order in accordance with the requirements of this Agreement.

     The perpetrators are held accountable in accordance with the laws of the States of the Parties.

     4. When reviewing the results of joint investigations, decisions are made reflecting the common point of view of the border representatives (border commissioners) on the settlement of the border incident, and an act of joint investigation of the border incident is drawn up (hereinafter referred to as the act of joint investigation).

     When identifying the causes of a border incident related to the insufficiency of measures taken by one of the Parties or the establishment of the guilt of citizens of the States of one of the Parties, such a Party shall recognize the identified causes or the established guilt of persons, and measures shall be taken to restore order in accordance with the requirements of this Agreement and bring to justice those responsible. The border representative (Border Commissioner) is informed about the measures taken. the States of the other Side.

Article 37

     1. A joint investigation shall be conducted at the place where a border incident occurred, if it is necessary to establish all the circumstances that caused it, and to verify the validity of the application of the border representative (border commissioner) of the State of the Party at whose request the joint investigation is being conducted.

     2. The procedure for joint investigation and review of its results is determined on a case-by-case basis, depending on the circumstances and nature of the border incident. Organizes a joint investigation and is led by a border representative (border commissioner) the State of the Party in whose territory it is conducted.

     The time and place of the joint investigation are agreed upon between the border representatives (border commissioners).

Article 38

     1. At the appointed time, the border representative (Border Commissioner) the State of the Party in whose territory the joint investigation is being conducted shall meet the border representative (border commissioner) of the State of the other Party in the area of the joint investigation.

     In order to determine the nature of the incident (place and time, type and causes of its occurrence), participants (persons, the nature of their actions and guilt) and witnesses, as well as to collect and consolidate physical evidence, the place of the border incident, the wounded and corpses, documents and weapons, traces of people and animals, extracted bullets moved through cargo and other property, destroyed or damaged border signs and cross-border structures, and other evidence of illegal actions.

     The wounded and corpses are examined by medical experts at the place of discovery. Prior to the joint investigation, the necessary medical care is provided to the wounded and the protection of corpses is ensured.

     The questioning of witnesses, victims and detained (guilty) persons located on the territory of the State of one Party is carried out unilaterally by the border representative (border commissioner) of this Party.

     Their joint questioning by border representatives (border commissioners) is carried out with the permission of senior supervisors.

     All discovered objects and traces on the ground are examined in their interrelationship and taking into account the interview of witnesses, victims and detained (guilty) persons.

     Documents, weapons and other items, that is, physical evidence, are subjected to a thorough examination, and, if necessary– an expert examination. At the same time, their state and personal affiliation, purpose and use during the border incident are established.

     Experts of the border representatives (border commissioners) determine the existence of material and other damage (to the state, organizations, enterprises, citizens, and the state of health of the victims).

     When threatened with destruction by precipitation, evidence is photographed, video is documented against the background of nearby local objects, which are pronounced landmarks.

     In order to develop a joint solution to resolve a border incident based on the presence and location of physical evidence, the results of interviews with witnesses, victims and detained (guilty) persons by border representatives (border commissioners), the nature, place and time of the border incident, the causes and consequences of its commission, the guilt of persons and their nationality, the presence of material and other damage caused are established. (to the state, organizations, enterprises, citizens, the state of health of the victims), It also defines measures to restore the regime of the state border in accordance with this Agreement.

     2. Depending on the nature and circumstances of the border incident, the following documents are compiled during the joint investigation::

     1) the act of inspection of the place of the border incident;

     2) examination reports;

     3) protocols of the interview (joint interview) of witnesses, victims and detained (guilty) persons;

     4) acts of assessment of destroyed or damaged property;

     5) acts of joint inspection of border signs.

All documents are drawn up in two copies, each in Russian, signed by border representatives (border commissioners) and all participants in the joint investigation (except for the examination acts, which are signed by experts of border representatives (border commissioners).

     The act of inspection of the place of the border incident indicates: the name of the document, the time of the beginning and end of the inspection, the composition of those present during the inspection, the results (traces found, corpses of people or animals, weapons, shell casings, other objects (substances), their affiliation, location in relation to the border signs, relation to the border incident), conclusions.

     A map of the area with an accurate drawing of the location of the discovered physical evidence of the border incident is attached to the act.

     The examination report shall reflect: the place, time, date and grounds for the examination, the composition of the experts of the border representatives (border commissioners), which was established during the examination, the conclusion, the number of copies of the act, the signatures of the experts who drafted the act.

     An act of joint inspection of border signs is drawn up in any form, which reflects the place, time, date of its inspection and compilation, the grounds for joint inspection of border signs, the results of the inspection, proposals for repair, restoration, re-installation in the same place or reinstallation of border signs.

     3. When all the circumstances of a border incident are established and measures are taken to resolve it during a joint investigation by border representatives (border commissioners), a joint decision is made on its settlement, which is formalized by an act of joint investigation.

     A joint investigation report is drawn up in any form in the area of its conduct (at the scene of the incident), which reflects the place, time and date of the start and completion of the joint investigation, the basis for its conduct, the composition of those present, the results of the joint investigation, statements and proposals of border representatives (border commissioners), the decision to resolve the border incident.

     The acts (protocols) specified in paragraph 2 of this Article shall be attached as annexes to the act of joint investigation.

     4. If the identified circumstances of a border incident are insufficient, additional measures are taken during the joint investigation to establish them, as a result of which a joint meeting of border representatives (border commissioners) is scheduled to resolve the border incident (hereinafter referred to as the joint meeting).

Article 39

     1. A proposal to hold a joint meeting is sent no later than 7 days before it begins and includes the date, time, place, agenda of the meeting and the composition of the participants. The response to the offer is provided no later than 48 hours from the moment of its receipt.

     2. If necessary, a joint meeting is held with a transfer from the territory of the State of one Party to the territory of the State of the other Party, when additional inspection of the area in the area of the border incident, questioning of witnesses, victims and detainees (perpetrators) is required.

     The joint meeting is chaired by the Border representative (Border Commissioner) in whose territory it is being held.

     Negotiations are conducted by the border representatives (border commissioners), the other participants in the joint meeting answer questions with the permission of the border representatives (border commissioners).

     3. After the approval of the agenda of the joint meeting, border representatives (border commissioners) exchange statements about the border incident, taking into account the materials of joint investigations and additionally established circumstances, present documentary and material evidence, if necessary, conduct additional questioning of witnesses, victims, detained (guilty) persons, as a result of which they come to a common point of view. and the adoption of joint decisions on the settlement of the border incident.

     Depending on the nature and newly identified circumstances of the border incident, the following documents are drawn up at the joint meeting::

     1) protocols of additional questioning of witnesses, victims, detained (guilty) persons;

     2) the act of transfer of persons and property;

     3) an act on the existence of material and other damage (damaged or destroyed property);

     4) the act of examination of the damage caused to the health of the victims;

     5) other acts of necessary examinations and documents.

     Following the results of the Joint Meeting, the minutes of the joint meeting (hereinafter referred to as the Joint Protocol) are drawn up in two copies, each in Russian, which reflect the composition of the participants, the course of the meeting and the decisions taken to resolve the border incident and determine measures to restore the state border regime in accordance with this Agreement.

     The joint protocol is signed by border representatives (border commissioners) or persons acting in their place, as well as stamped seals.

     The joint investigation report and the acts (protocols) specified in paragraph 3 of this Article shall be attached to the Joint Protocol.

Article 40

     If the border representatives (border commissioners) have not made a joint decision at a Joint meeting to resolve the border incident, the unilateral statements and proposals are reflected in the Joint Protocol.

     Copies of the Joint Protocols with the materials attached to them are sent to the authorized body in the field of foreign affairs of the States of the Parties to resolve the border incident through diplomatic channels.

Article 41

     1. Joint decisions taken by border representatives (border commissioners) are mandatory for their implementation.

     Border representatives (border commissioners) carry out joint decisions and check (respectively) their implementation by the authorized bodies of the States of the Parties.

     2. In cases of late implementation of joint decisions by the authorized body of the state of one Party, the border representative (border commissioner) the State of the other Party finds out their reasons through the exchange of information or at a Joint Meeting.

Article 42

     1. When making joint decisions on the transfer of persons, property and pets, the deadlines for their execution are indicated.

     2. The transfer of persons, property and pets is carried out by border representatives (border commissioners), their deputies or assistants in accordance with the procedure established by Article 8 of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the activities of Border Representatives (Border Commissioners) dated May 28, 2007.

     The transfer (reception) of persons is accompanied by their interview in order to identify complaints, which are recorded in the transfer report. If an unsubstantiated complaint is filed, the transfer of persons is postponed for another period and proceedings are conducted.

Article 43

     The Parties, in accordance with the legislation of their states, independently bear the costs of implementing this Agreement.

Chapter 7. Final provisions

Article 44

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

Article 45

     All annexes mentioned in this Agreement are an integral part of it.

Article 46

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized in separate protocols.

Article 47

     In case of disputes and disagreements on the interpretation or application of the provisions of this Agreement, the Parties resolve them through negotiations and consultations.

     The issues that have arisen between the border agencies in the implementation of this Agreement are resolved through consultations of their representatives on the spot or at the level of the leadership of the border agencies within the framework of international cooperation or through diplomatic channels.

Article 48

     This Agreement is subject to ratification and enters into force on the thirtieth day after the last written notification of its completion is received through diplomatic channels.

     This Agreement is concluded for an indefinite period and is valid until one of the Parties notifies the other Party in writing through diplomatic channels of its intention to terminate it. In this case, the Agreement shall terminate upon the expiration of six months from the date of receipt of such notification.

     Done in the city of Ashgabat on October 25, 2021, in two copies, each in the Kazakh, Turkmen and Russian languages, all texts being equally authentic. In case of a discrepancy between the texts, the Parties refer to the text in Russian.

For the Government

Republic of Kazakhstan

For the Government

Turkmenistan

Appendix 1 to the Agreement between The Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border  

Form

The act of repair, restoration or re-installation of the border sign No. ____  

     In accordance with paragraph 2 of Article 5 of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen State Border from "__" _____ 20___ year, Border Representative (Border Commissioner), (deputy, Assistant Border Representative (Border Commissioner)

_______________________________________________________________________________ (country name) (site name)        _______________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative _______________________________________________________________________________ ( name of the authorized body), (last name, first name, patronymic of the representative)        from ________ to _______ "___" ____________ 20___ year (time) (date)        in the presence of the border representative (Border Commissioner), (deputy, assistant border representative (Border Commissioner)        _______________________________________________________________________________ (country name) (site name)        _______________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative ________________________________________________________________________________ ( name of the authorized body), (surname, first name, patronymic of the representative)        produced_____________________________________________________________ (repair, restoration or re-installation) ________________________________________ border sign no. ___.        Border sign №_________________________________________________________________ (the following describes the process and reason for repairing, restoring, or reinstalling the border sign)        The above works were performed in accordance with the signed "___" ________ 20___ year ____________________________________________________________ ______________________________________________________________________________ ( name of the demarcation documents or joint inspections)        This act is drawn up in two copies in Russian.          

Border Representative (Deputy border representative, assistant

border Representative) of the Republic of Kazakhstan  

by __________________________________

(name of the site)

____________________________

(signature)

Border Commissioner (Deputy Border Commissioner, Assistant

Border Commissioner) of Turkmenistan

by ___________________________________

(name of the site)

__________________________

(signature)

Representative

_______________________________________

(name of the authorized body)

Republic of Kazakhstan

_______________________________________

(signature)

Representative

________________________________

(name of the authorized body)

Turkmenistan _____________________________

(signature)

Appendix 2 to the Agreement between The Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border  

Form  

The act of impossibility of restoration or re-installation in the original place after damage (displacement, destruction or loss) of the boundary sign no. __

      In accordance with paragraph 1 of Article 7 of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen State Border from "__" _____ 20___ year, Border Representative (Border Commissioner), (deputy, Assistant Border Representative (Border Commissioner)  

      ______________________________________________________________________________ (country name)                      (name of the site)        ______________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative ______________________________________________________________________________ ( name of the authorized body), (last name, first name, patronymic of the representative)        from ________ to _______ "___" ____________ 20___ year (time)                                          (date)        in the presence of a border representative (border commissioner), (deputy, assistant border representative (Border Commissioner)        _______________________________________________________________________________ (country name) (site name)        ______________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative ______________________________________________________________________________ ( name of the authorized body), (surname, first name, patronymic of the representative)        established that the border sign №___ ________________________________________________________________________ and his (damaged, moved, destroyed, or lost)        _______________________________________________________________________________ (restore or reinstall) to the original location, determined in accordance with the provisions of the signed agreement "___" _________ 20___ year ____________________________________________________________________________, ( name of the demarcation or joint verification document)        impossible) ____________________________________________________________________, ( the reason)        what the Parties agreed to submit for a decision by a Joint group of border agencies and authorized bodies of the Republic of Kazakhstan and Turkmenistan.        This act is drawn up in two copies, each in Kazakh, Turkmen and Russian languages.        In case of a discrepancy between the texts, the Parties refer to the text in Russian.          

Border Representative (Deputy border representative, Assistant border representative) of the Republic of Kazakhstan  

by ________________________________________

(name of the site)

____________________________

(signature)

The Border Commissioner (Deputy Border Commissioner, Assistant Border Commissioner) of Turkmenistan

by ________________________________________

(name of the site)

____________________________

(signature)

Representative

___________________________________

(name of the authorized body)

Republic of Kazakhstan

___________________________

(signature)

Representative

___________________________________

(name of the authorized body)

Turkmenistan

___________________________

(signature)

Appendix 3 to the Agreement between The Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border  

Position   about the joint group of border agencies and authorized bodies of the Republic of Kazakhstan and Turkmenistan  

     In accordance with paragraph 2 of Article 7 of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen State Border from "___" ______20__ of the year. (hereinafter referred to as the Agreement) this Regulation on the joint group of border agencies and authorized bodies of the Republic of Kazakhstan and Turkmenistan (hereinafter referred to as the joint group) is adopted.

Section 1. Composition of the joint group

     The joint group from each Side is headed by a border representative (border commissioner). The joint group includes experts and specialists from geodetic and land management services, representatives of other authorized bodies of the States of the Parties.

     The Parties notify each other through border representatives (border commissioners) about the composition of their part of the Joint Group.

Section 2. Functions of the Joint Group

     In accordance with this Agreement, the Joint Group performs the functions of reviewing and resolving issues related to the restoration, re-installation or relocation to a new location of border signs, the restoration of which is impossible at the site of the original installation.

Section 3. Forms of work of the Joint Group

     1. The Joint Group carries out its work by holding meetings and carrying out practical measures at the state border related to the restoration, re-installation or relocation to a new location of border signs, the restoration of which is impossible at the site of the initial installation.

     Based on the results of the work carried out by the joint group, the documents are drawn up in accordance with paragraph 3 of Article 7 of this Agreement.

Section 4. The mechanism of work of the Joint Group

     1. Meetings of the Joint Group are held on the initiative of one of the Parties, if necessary.

     The date, place, time, agenda and composition of participants in the meeting are agreed upon through the border representation activities.

     2. The meeting is chaired by the border representative (Border Commissioner). that part of the Joint Group in whose territory the meeting is being held.

Section 5. Expenses of the Joint Group

     The expenses related to the performance of the functions of the Joint Group are paid by the Parties themselves.

     The Party in whose territory the meeting of the Joint Group is being held provides the necessary conditions (premises, vehicles) for its holding.

Appendix 4 to the Agreement between The Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border

Form

Act on the installation of border sign no. ___ in a new location after damage (displacement, destruction or loss)  

In accordance with paragraph 3 of Article 7 of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen State Border from "__" ______ 20___ and by the decision of the Joint Group of Border Agencies and Authorized Bodies of the Republic of Kazakhstan and Turkmenistan dated ____________20___ Expert of the year (Kazakh/Turkmen part) A joint group  

     _________________________________________________________________________

                      (surname, first name, patronymic of the geodesy specialist, land surveyor)

     _______________________________________________________ "____" _____ 20____ year

     together with an expert (Turkmen/Kazakh part) A joint group

     _________________________________________________________________________

                 (surname, first name, patronymic of the geodesy specialist, land surveyor)

     The damaged (displaced, destroyed, or lost) border sign no. ____ was installed in a new location.

     The protocol of the border sign no. ___ and fragments of the catalog of coordinates and heights of the border sign, the protocol describing the passage of the state border in this section and the map of the state border concerning the location of the newly installed border sign (attached), are drawn up in accordance with the signed "____" _________ 20____ of the year

     _______________________________________________________________________

                       (name of the demarcation documents and joint inspections)

     This act is drawn up in two copies, each in Kazakh, Turkmen and Russian languages, and all texts have the same validity.

     In case of a discrepancy between the texts, the Parties refer to the text in Russian.

The expert

the Kazakh part of the joint group

________________

(signature)

The expert

the Turkmen part of the joint group

________________

(signature)

Appendix 5 to the Agreement between The Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border  

Form  

      (size 15x10 cm)  

      _____________________________________________________________________________

                                                                             a pass

Drawing

       Place of printing ______________________________________________________________________________ ( last name, first name, patronymic, date of birth)        has the right to cross the Kazakh-Turkmen state border in both directions in the area of ______________________________________________ and located (the place of intersection or the area of the border sign) in ___________________________________________ since __________ before __________ hours.        (name of the object) (time of day)        Valid upon presentation of the document _____________________________________________ ( document name and number) with "______" _________________ 20____ g before "______" ____________________ 20____ __ (the validity period of the pass)          

Place of printing

Border Representative of the Republic of Kazakhstan

by _______________________________ the site

________________________________________

(title, signature, surname and initials)

Place of printing

Border Commissioner of Turkmenistan

by ______________________________ the site

________________________________________

(title, signature, surname and initials)

Appendix 6 to the Agreement between The Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border

A list of information provided through diplomatic channels when planning an aircraft flight within its border strip for the purpose of aerial photography necessary for mapping border areas

     1. The purpose of the flight.

     2. Flight data:

     1) flight period, specific take-off days and flight duration;

     2) the flight area, the geographical coordinates of the point of entry into and exit from the border strip, the direction of flight;

     3) Flight altitude.

     3. Information about the aircraft:

     1) the owner;

     2) Type and modification;

     3) Coloring (color);

     4) identification marks;

     5) Flight number;

     6) Call signs;

     7) the presence of a radar installation.

     4. Information about camera equipment:

     1) Type and modification;

     2) The focal length.

Appendix 7 to the Agreement between The Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen state border

List of administrative boundaries of border areas  

     In accordance with paragraph 3 of Article 29 of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on the regime of the Kazakh-Turkmen State Border from "___" ________ 20 ___ The list of administrative boundaries of the border areas is determined every year .:

     1. From the Republic of Kazakhstan:

     Mangystau region:

     Karakiyansky district.

     2. From Turkmenistan:

     The Balkan Velayat:

      The Turkmenbashi etrap.  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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