On the ratification of the Convention on Transit Trade of the Intercontinental States

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Law of the Republic of Kazakhstan dated March 20, 2007 No. 238

To ratify the Convention on Transit Trade of Intercontinental States, signed in New York on July 8, 1965.

President of the Republic of Kazakhstan

UNITED NATIONS CONFERENCE ON TRANSIT TRADE OF LANDLOCKED COUNTRIES

CONVENTION ON TRANSIT TRADE OF THE INTERCONTINENTAL STATES

UNITED NATIONS ORGANIZATION 1966

THE PREAMBLE

The States Parties to this Convention, Recalling that Article 55 of the Charter of the United Nations requires the Organization to promote conditions for economic progress and the resolution of international economic problems, noting General Assembly resolution 1028 (XI) on countries without maritime borders and on the expansion of international trade, in which the General Assembly, "Recognizing the need of States without maritime borders for appropriate transit conditions to promote international trade", She asked the Governments of the Organization's Member States to "fully recognize the needs of the Organization's Member States without maritime borders in the field of transit trade and, therefore, provide them with appropriate conditions based on international law and practice in this regard, taking into account the future needs that will arise as a result of the economic development of States without maritime borders." Having regard to article 2 of the Convention on the High Seas, which declares that the high seas are open to all nations, and no State has the right to claim subordination of any part of it to its sovereignty, as well as article 3 of the aforementioned Convention, which provides: "1. States that do not have a seashore, in order to enjoy the freedom of the seas on equal terms with coastal States, must have free access to the sea. For this purpose, States located between the sea and a State without a seashore, by common agreement with the latter and in accordance with existing international conventions, provide: (a) a State without a seashore, on the basis of reciprocity, free passage through their territory, and (b) ships flying the flag of that State, on terms of equality with their own ships or ships of other States, access to seaports and the use of these ports. 2. States located between the sea and a State without a seashore shall resolve, by general agreement with the latter and taking into account the rights of the coastal State or the State through whose territory transit takes place, as well as the special conditions in which the State without a seashore is located, all issues related to freedom of transit and equality in the use of ports, if such States are not already parties to existing international conventions," reaffirming the following principles, adopted by the United Nations Conference on Trade and Development on the condition that these principles are considered interrelated and that each principle should be interpreted in the light of the other principles.:

Principle I

Recognition of the right of every landlocked State to free access to the sea is essential for the expansion of international trade and economic development.

Principle II

In the territorial and internal waters, vessels flying the flag of a landlocked State enjoy the same rights and the same treatment as vessels flying the flag of maritime States, with the exception of vessels of this coastal State.

Principle III

In order to enjoy freedom of navigation on an equal footing with maritime States, landlocked States must have free access to the sea. For this purpose, States located between the sea and a landlocked State, by common agreement with the latter and in accordance with existing international conventions, provide ships flying the flag of this State, on equal terms with their ships or ships of other States, access to seaports and the use of these ports.

Principle IV

In order to fully promote the economic development of landlocked States, all States grant landlocked States, on the basis of reciprocity, the right of free and unrestricted transit so that they can freely participate in regional and international trade in all circumstances and with respect to all types of goods. Transit goods should not be subject to customs duties. No special taxes or fees should be levied on transit vehicles that exceed the taxes or fees levied on vehicles of the transit country.

Principle V

The transit State, while maintaining full sovereignty over its territory, has the right to take all necessary measures to ensure that the exercise of the right of free and unrestricted transit in no way violates its legitimate interests of any kind.

Principle VI

In order to accelerate the evolution of a common approach to resolving the special and special trade and development challenges facing landlocked countries in different geographical areas, all States should encourage the conclusion of regional and other international agreements aimed at this.

Principle VII

The benefits and special rights granted to landlocked countries due to their special geographical location are not subject to the most-favored-nation principle.

Principle VIII

The principles governing the right of a landlocked State to free access to the sea do not in any way cancel existing agreements between two or more Contracting Parties concerning these issues or prevent the conclusion of such agreements in the future, provided that these agreements do not establish a regime less favourable than the provisions mentioned above., or contradicting these provisions. We have agreed on the following:

Article 1 Definitions

In this Convention: (a) An "inland State" means any Contracting State that does not have a coastline. (b) "Transit traffic" means the passage of goods, including merchandise, through the territory of a Contracting State between an inland State and the sea in cases where this passage is part of a complete journey beginning or ending within the territory of that inland State and includes carriage by sea immediately preceding or following such passage.. Transshipment, warehousing, division of cargo shipments into smaller shipments and changes in the method of transportation of such goods, as well as the assembly, disassembly or reassembly of machinery and bulky items do not exclude the movement of goods from the concept of "transit traffic", provided that any such operations are carried out solely for the convenience of transportation. Nothing in this paragraph shall be considered as a provision obliging any Contracting State to establish permanent installations on its territory for such assembly, disassembly or reassembly, or to authorize the establishment of such installations. (c) A "transit State" means any Contracting State, whether with or without a coastline, located between an inland State and the sea through whose territory "transit traffic" is carried out. (d) The expression "means of transport" means: (i) Any railway rolling stock, any sea and river vessels and means of road transport; (ii) Porters and pack animals, where required by local conditions; iii) Other means of transport, as well as pipelines and gas pipelines - by agreement between the Contracting States concerned, if they are used for transit traffic, as it is understood in this article.

Article 2 Freedom of transit

1. In accordance with the provisions of this Convention, freedom of transit is ensured for transit traffic and vehicles. Subject to the other provisions of this Convention, the measures taken by the Contracting States to regulate and carry out transport through their territories will facilitate transit traffic along routes used that are mutually acceptable in transit to the Contracting States concerned. In accordance with the provisions of this Convention, no discrimination shall be carried out on the basis of the place of origin, dispatch, import, export or destination of goods, or in connection with any circumstances relating to ownership of goods or ownership of ships, land vehicles or other vehicles used, the place of registration or the flag of the said vehicles. 2. The rules governing the use of vehicles passing through part of the territory or the entire territory of another Contracting State shall be established by mutual agreement between the Contracting States concerned, taking into account the multilateral international conventions to which they are parties. 3. Each Contracting State, in accordance with its laws, regulations and regulations, shall issue permits for persons traveling through or accessing its territory whose movement is necessary for transit traffic. 4. The Contracting States shall permit transit traffic through their territorial waters in accordance with the principles of customary international law or applicable international conventions, as well as in accordance with their internal regulations.

Article 3 Customs duties and special transit charges

Transit traffic is not subject to the imposition by any authorities in the territory of the transit State of customs duties or taxes levied in connection with import or export, or special charges in connection with transit. However, such transit traffic may be subject to fees intended solely to cover transit-related supervision and administrative costs. The rates of these fees should correspond as much as possible to the expenses for which they are intended, and, subject to this provision, the fees should be collected in accordance with the non-discrimination requirement set out in paragraph 1 of article 2.

Article 4 Vehicles and tariffs

1. The Contracting States undertake, depending on their available capabilities, to provide appropriate vehicles and loading and unloading equipment at points of import, export, and, if necessary, at points of transshipment, so that transit traffic is carried out without undue delays. 2. The Contracting States undertake to apply to transit traffic using State-operated or State-controlled devices tariffs or charges that, taking into account the conditions of transport and considerations of commercial competition, will be reasonable with respect to both their rates and the conditions of their application. These tariffs or charges are set in such a way as to facilitate transit traffic as much as possible and should not exceed the tariffs or charges applied by the Contracting States when goods from landlocked countries are transported through their territories. The provisions of this paragraph shall also apply to tariffs and charges that may be applied to transit traffic using devices operated by or under the control of enterprises or individuals, in cases where tariffs or charges are established or regulated by a Contracting State. The term "devices" used in this paragraph covers vehicles, port facilities and routes for which tariffs or fees are charged. 3. Any monopoly towing service that is established on waterways used for transit purposes should be organized in such a way that it does not interfere with the transit passage of vessels. 4. The provisions of this article must be applied in compliance with the non-discrimination conditions set out in paragraph 1 of Article 2.

Article 5 Methods and documentation related to customs, transport and other formalities

1. The Contracting States shall apply administrative and customs measures allowing free, continuous and permanent transit traffic. If necessary, they should enter into negotiations to reach an agreement on measures to ensure and facilitate the aforementioned transit traffic. 2. The Contracting States undertake to use simplified documentation and rapid methods of performing customs, transport and other administrative formalities in respect of transit traffic throughout the transit route through their territories, including any transshipment, warehousing, division of cargo shipments into smaller shipments and changes in the mode of transportation that may occur during such a route.

Article 6 Storage of goods in transit

1. The conditions of storage of transit goods at points of import and export and at intermediate points of the transit State may be established by agreement between the States concerned. Transit States provide at least the same favorable storage conditions as those provided for goods arriving in or departing from these countries. 2. Tariffs and fees are established in accordance with Article 4.

Article 7 Delays or difficulties in transit traffic

1. Except in cases of force majeure, the Contracting States shall take all measures to avoid delays or restrictions in transit traffic. 2. If delays or other difficulties occur in transit traffic, the competent authorities of the transit State or transit States and the competent authorities of the inland State shall cooperate in order to eliminate them promptly.

Article 8 Free zones and other customs facilities

1. Free zones or other customs facilities may be established in ports of entry and exit of transit States, by agreement between these States and the inland States, for the convenience of transit traffic. 2. The same kind of opportunities can also be created for inland States in other transit States that do not have a coastline or seaports.

Article 9 Provision of more significant opportunities

This Convention in no way entails the deprivation of the right to use transit facilities that are more significant than those provided for in this Convention and which, subject to their compliance with the principles of the Convention, have been agreed upon by the Contracting States, or which are provided by a Contracting State. The Convention also does not prevent the granting of the right to use such more significant opportunities in the future.

Article 10 Relation to the most-favored-nation clause

1. The Contracting States agree that the most-favoured-nation clause does not apply to the opportunities and special rights granted by this Convention to inland States because of their special geographical location. An inland State that is not a party to this Convention may claim the opportunities and special rights granted to inland States in accordance with this Convention only on the basis of a most-favored-nation clause provided for in an agreement between that inland State and the Contracting State providing such opportunities and special rights. 2. If a Contracting State grants to an inland State opportunities or special rights more significant than those provided for in this Convention, the granting of these opportunities or special rights may be limited to that inland State, except in cases where the failure to grant such more significant opportunities or special rights to any other inland State is contrary to the provisions of the Convention. on the most favored nation, contained in an agreement between such other inland State and the Contracting State providing such facilities or special rights.

Article 11 Exceptions to the Convention for reasons of health, safety and intellectual property protection

1. This Convention does not oblige any Contracting State to allow the transit of persons whose entry into its territory is prohibited, or the transit of goods whose import is prohibited, either for reasons of morality, public health or public safety, or as a precautionary measure against animal and plant diseases or against pests. 2. Each Contracting State has the right to take the necessary precautions and other measures to ensure that persons and goods, in particular goods on which there is a monopoly, are actually in transit and that means of transport are actually used to transport such goods, as well as to ensure the safety of routes and means of communication. 3. Nothing in this Convention affects the measures that a Contracting State may be forced to take in pursuance of the provisions of a general international convention to which it is a party, regardless of whether such a convention is of a global or regional nature and whether it has already been concluded on the date of conclusion of this Convention or will be concluded in in the future, in cases where such regulations relate to: a) the export, import or transit of certain types of goods, such as drugs or other dangerous medicines, or weapons; or (b) the protection of industrial, literary or artistic property, or the protection of trade names and indications of origin or appellations of origin, as well as the suppression of unfair competition. 4. Nothing in this Convention shall prevent any Contracting State from taking any measures necessary to protect its essential security interests.

Article 12 Exemptions in case of emergency

Measures of a general or private nature that a Contracting State is forced to take in the event of extraordinary circumstances threatening its political existence or security may, in exceptional cases and for as short a period as possible, entail derogation from the provisions of this Convention, provided that the principle of freedom of transit must be respected to the maximum extent possible during this period.

Article 13 Application of the Convention in time of war

This Convention does not establish the rights and obligations of belligerents and neutral parties during the war. However, the Convention remains in force in time of war to the extent possible in view of such rights and obligations.

Article 14 Obligations under the Convention and the rights and obligations of Member States of the United Nations

This Convention does not impose on any Contracting State any obligations contrary to its rights and obligations as a Member of the United Nations.

Article 15 Reciprocity

The provisions of this Convention shall be applied on the basis of reciprocity.

Article 16 Dispute resolution

1. Any dispute that may arise in connection with the interpretation or application of the provisions of this Convention and which is not resolved by negotiation or other peaceful means of dispute resolution within nine months, shall be settled by arbitration at the request of one of the parties. The Arbitration Commission consists of three members. Each party to the dispute appoints one member of the Commission, and the third member of the Commission, who must be the Chairman, is elected by common consent of the parties. If the parties do not reach an agreement on the appointment of a third member of the Commission within three months, the third member of the Commission shall be appointed by the President of the International Court of Justice. If either party fails to make the required appointment within three months, the President of the International Court of Justice shall fill the remaining vacancy or vacancies. 2. The Arbitration Commission resolves the issues referred to it by a simple majority of votes, and its decisions are binding on the parties. 3. Arbitration commissions or other international bodies entrusted with the settlement of disputes under this Convention shall inform the other Contracting States, through the Secretary-General of the United Nations, of the existence and nature of disputes and of the conditions for their settlement.

Article 17 Signature

This Convention shall be open until December 31, 1965, for signature by all Member States of the United Nations or any specialized agency or States Parties to the Statute of the International Court of Justice, as well as by any other State invited by the General Assembly of the United Nations to become a party to the Convention.

Article 18 Ratification

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 19 Accession

This Convention is open for accession by any State belonging to one of the four categories listed in article 17. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 20 Entry into force

1. This Convention shall enter into force on the thirtieth day after the date of the deposit of instruments of ratification or accession by at least two inland and two transit States with maritime coasts. 2. For each State that ratifies or accedes to the Convention after the deposit of the instruments of ratification or accession necessary for the entry into force of this Convention in accordance with paragraph 1 of this article, the Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

Article 21 Revision

At the request of one third of the Contracting States and with the consent of a majority of the Contracting States, the Secretary-General of the United Nations shall convene a conference for the purpose of revising this Convention.

Article 22 Notifications sent by the Secretary-General

The Secretary-General of the United Nations shall notify all States belonging to one of the four categories listed in article 17: (a) of the signature of this Convention and the deposit of instruments of ratification or accession in accordance with articles 17, 18 and 19; (b) of the date of entry into force of this Convention in accordance with article 20; (c) The requirements for the revision of this Convention in accordance with article 21.

Article 23 Authentic texts

The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to all States belonging to one of the four categories listed in article 17. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Convention.

Done at the Headquarters of the United Nations in New York, this eighth day of July, one thousand nine hundred and sixty-five.

RCPI's Note: The text of the Convention on Transit Trade of the Intercontinental States in English is attached (see the paper version).

President

Republic of Kazakhstan

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